EXISTING VIOLATION OF ANY
THEREOF, AND (VII) THE CONDITION OF THE LEASED PREMISES AS OF THE COMMENCEMENT
OF THE TERM, WITHOUT REPRESENTATION OR WARRANTY BY LANDLORD.
(B)
TENANT ACKNOWLEDGES THAT IT AND/OR ITS AFFILIATES HAVE BEEN IN
LEGAL POSSESSION AND CONTINUOUS PHYSICAL OCCUPANCY OF THE LEASED PREMISES
IMMEDIATELY PRIOR TO THE
11
DATE OF THIS LEASE AND THAT THE LEASED PREMISES IS IN GOOD CONDITION AND REPAIR
AT THE INCEPTION OF THIS LEASE AND SATISFACTORY TO TENANT FOR ITS INTENDED USE
IN ALL RESPECTS.
LANDLORD LEASES AND WILL LEASE AND TENANT TAKES AND WILL TAKE
THE LEASED PREMISES AS IS.
TENANT ACKNOWLEDGES THAT LANDLORD (WHETHER ACTING AS
LANDLORD HEREUNDER OR IN ANY OTHER CAPACITY) HAS NOT MADE AND WILL NOT MAKE, NOR
SHALL LANDLORD BE DEEMED TO HAVE MADE, ANY WARRANTY OR REPRESENTATION, EXPRESS
OR IMPLIED, WITH RESPECT TO ANY OF THE LEASED PREMISES, 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 LEASED PREMISES WITH ANY LAW OR LEGAL REQUIREMENT; AND
ALL RISKS INCIDENT THERETO ARE TO BE BORNE BY TENANT.
TENANT ACKNOWLEDGES THAT
THE LEASED PREMISES IS OF ITS SELECTION AND TO ITS SPECIFICATIONS AND THAT THE
LEASED PREMISES HAS BEEN INSPECTED BY TENANT AND IS SATISFACTORY TO IT.
IN THE
EVENT OF ANY DEFECT OR DEFICIENCY IN ANY OF THE LEASED 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
PARAGRAPH 3(B) HAVE BEEN NEGOTIATED, AND ARE INTENDED TO BE A COMPLETE EXCLUSION
AND NEGATION OF ANY WARRANTIES BY LANDLORD, EXPRESS OR IMPLIED, WITH RESPECT TO
ANY OF THE LEASED PREMISES, ARISING PURSUANT TO THE UNIFORM COMMERCIAL CODE OR
ANY OTHER LAW NOW OR HEREAFTER IN EFFECT OR ARISING OTHERWISE.
(C)
TENANT REPRESENTS TO LANDLORD THAT TENANT HAS EXAMINED THE TITLE
TO THE LEASED PREMISES PRIOR TO THE EXECUTION AND DELIVERY OF THIS LEASE AND HAS
FOUND THE SAME TO BE SATISFACTORY FOR THE PURPOSES CONTEMPLATED HEREBY.
TENANT
ACKNOWLEDGES THAT (I) TITLE TO THE LEASED PREMISES UNDER THE CONDOMINIUM
DOCUMENTS IS IN LANDLORD AND, EXCEPT AS PROVIDED IN PARAGRAPHS 34 AND 35 HEREOF
WITH RESPECT TO AN OPTION TO PURCHASE THE LEASED PREMISES, THAT TENANT HAS ONLY
THE LEASEHOLD RIGHT OF POSSESSION AND USE OF THE LEASED PREMISES AS PROVIDED FOR
IN THIS LEASE, (II) THE IMPROVEMENTS CONFORM TO ALL MATERIAL LEGAL REQUIREMENTS
AND ALL INSURANCE REQUIREMENTS, (III) ALL EASEMENTS NECESSARY OR APPROPRIATE FOR
THE USE OR OPERATION OF THE LEASED PREMISES HAVE BEEN OBTAINED, (IV) ALL
CONTRACTORS AND