A attached hereto, (ii) all buildings and improvements (including the
Equipment, as defined below) now or hereafter located on the Land (collectively
the "Improvements"), and (iii) all easements, rights of way and other
appurtenances in and to the Land.
(b) The Premises are demised and let hereunder subject to (a) the rights of any
parties in possession thereof, (b) the existing state of the title to the
Premises as of the commencement of the term of this Lease (including the matters
set forth on Schedule D hereto), (c) any state of facts that an accurate survey
or physical inspection of the Premises might show, (d) all Laws (as defined
below), including all zoning regulations, restrictions, rules and ordinances,
building restrictions and other laws and regulations now in effect or hereafter
adopted by any governmental authority having jurisdiction, and (e) any physical
or other defects of any nature with respect to the Land or Improvements (it
being understood and agreed that the Premises are being leased to Tenant in
their "as is" "where is" condition as of the commencement of the term of this
Lease, without any representation or warranty whatsoever by Landlord).
(c) WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TENANT REPRESENTS,
WARRANTS, ACKNOWLEDGES AND AGREES THAT (A) THE PREMISES AND EACH PART THEREOF
ARE OF THE SIZE, DESIGN, CAPACITY AND MANUFACTURE SELECTED BY TENANT, (B) TENANT
HAS EXAMINED THE TITLE TO AND THE PHYSICAL CONDITION OF THE PREMISES PRIOR TO
THE EXECUTION AND DELIVERY OF THIS LEASE, AND TENANT IS SATISFIED THAT THE
PREMISES AND EACH PART THEREOF AND TITLE THERETO ARE SATISFACTORY TO TENANT AND
SUITABLE FOR ALL OF ITS PURPOSES, AND TENANT ACCEPTS THE SAME "AS IS" AND "WHERE
IS" WITH ALL FAULTS, AND, (C) THE PREMISES ARE LEASED HEREUNDER SUBJECT TO ALL
APPLICABLE LAWS NOW IN EFFECT OR HEREAFTER ADOPTED AND IN THE STATE AND
CONDITION OF EVERY PART THEREOF WHEN THE SAME FIRST BECAME OR BECOMES SUBJECT TO
THIS LEASE, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND BY LANDLORD EXPRESS
OR IMPLIED, AS TO THE TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
COMPLIANCE WITH SPECIFICATIONS, CONDITION, DESIGN, OPERATION, FREEDOM FROM
PATENT OR TRADEMARK INFRINGEMENT, ABSENCE OF LATENT DEFECTS OR FITNESS FOR USE
OF THE FACILITY (OR ANY PART THEREOF), OR ANY OTHER REPRESENTATION OR WARRANTY
WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE PREMISES OR ANY PART
THEREOF. It is agreed that all risks incident to the matters discussed in the
preceding sentence as between Landlord, on the one hand, and Tenant, on the
other, are to be borne by Tenant. The provisions of this Section have been
negotiated and the foregoing provisions are intended to be a complete exclusion
and negation of any representations or warranties by Landlord, express or
implied, with respect to the Premises (or any part thereof) that may arise
pursuant to any Law now or hereafter in effect or otherwise.
2. TERM AND RENEWAL OPTIONS.
(a) The initial term of this Lease shall commence on the date of this