such Tenant Delay or Force Majeure, which may exceed the duration of such event
or conduct due to the necessity of rescheduling work or other related causes.
(b)From and after the Delivery Date, subject to conformance with all applicable
Laws, Tenant shall be permitted to access the Premises for the purpose of
commencing its Tenant Improvements thereto ("Early Occupancy"). Tenant's Early
Occupancy shall be subject to all of the terms, covenants and conditions of this
Lease, including, but not limited to, Tenant's insurance obligations contained
in Section 15 below and Tenant's indemnity obligations contained in Section 34
below, except that Tenant will not be obligated to pay Tenant's Operating
Expense Rental until the Lease Commencement Date or monthly Base Rental until
the Rent Commencement Date, and such Early Occupancy shall not advance the
Expiration Date.
(c)Tenant acknowledges and agrees that it has inspected the Premises and agrees
to accept the same on the Delivery Date, "AS IS" and "WITH ALL FAULTS". TENANT
ACKNOWLEDGES THAT LANDLORD HAS NOT MADE, AND WILL NOT MAKE, NOR SHALL LANDLORD
BE DEEMED TO HAVE MADE, ANY WARRANTIES TO TENANT WITH RESPECT TO THE QUALITY
OF CONSTRUCTION OF ANY LEASEHOLD IMPROVEMENTS OR TENANT FINISH WITHIN THE
PREMISES OR AS TO THE CONDITION OF THE PREMISES, EITHER EXPRESS OR IMPLIED,
INCLUDING ANY WARRANTY OR REPRESENTATION AS TO (i) ITS FITNESS, DESIGN OR
CONDITION FOR ANY PARTICULAR USE OR PURPOSE, (ii) THE QUALITY OF THE MATERIAL OR
WORKMANSHIP THEREIN, (iii) THE EXISTENCE OF ANY DEFECT, LATENT OR PATENT, (iv)
LANDLORD'S TITLE THERETO, (v) VALUE, (vi) COMPLIANCE WITH SPECIFICATIONS, (vii)
LOCATION, (viii) USE, (ix) CONDITION, (x) MERCHANTABILITY, (xi) QUALITY, (xii)
DESCRIPTION, (xiii) DURABILITY (xiv) OPERATION, (xv) THE EXISTENCE OF ANY
HAZARDOUS SUBSTANCE, HAZARDOUS CONDITION OR HAZARDOUS ACTIVITY OR (xvi)
COMPLIANCE OF THE PREMISES WITH ANY REGULATIONS OR EASEMENT AGREEMENTS; AND ALL
RISKS INCIDENT THERETO ARE TO BE BORNE BY TENANT. TENANT ACKNOWLEDGES THAT THE
PREMISES IS OF ITS SELECTION AND TO ITS SPECIFICATIONS AND THAT THE PREMISES HAS
BEEN INSPECTED BY TENANT AND IS SATISFACTORY TO IT. IN THE EVENT OF ANY DEFECT
OR DEFICIENCY IN ANY OF THE PREMISES OF ANY NATURE, WHETHER LATENT OR PATENT,
LANDLORD SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY WITH RESPECT THERETO OR
FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING STRICT LIABILITY IN
TORT). THE PROVISIONS OF THIS SECTION 3(c) HAVE BEEN NEGOTIATED, AND ARE
INTENDED TO BE A COMPLETE EXCLUSION AND NEGATION OF ANY EXPRESS OR IMPLIED
WARRANTIES BY LANDLORD OTHER THAN AS EXPRESSLY SET FORTH IN SECTION 40 OF THIS
LEASE WITH RESPECT TO ANY OF THE PREMISES, ARISING PURSUANT TO THE UNIFORM
COMMERCIAL CODE OR ANY OTHER LAW NOW OR HEREAFTER IN EFFECT OR ARISING
OTHERWISE. TENANT'S OBLIGATION TO PAY RENT UNDER THIS LEASE IS NOT DEPENDENT
UPON THE CONDITION OF THE PREMISES.
(d)Tenant shall, at Tenant's sole cost and expense, promptly comply with all
laws, ordinances, codes, rules, regulations, orders and other requirements of
any government or public authority now in force or which may hereafter be in