AS IS OTHERWISE EXPRESSLY SET FORTH IN THIS LEASE.
IN THAT REGARD, TENANT HEREBY ACKNOWLEDGES AND AGREES THAT TENANT IS RELYING
SOLELY ON ITS OWN INSPECTIONS, INVESTIGATIONS, DUE DILIGENCE AND JUDGMENT WITH
REGARD TO ALL MATTERS AND ISSUES CONCERNING THE CONDITION OF THE LEASED PREMISES
AND IN ITS ELECTION TO MAKE AND ENTER INTO THIS LEASE, AND IS NOT RELYING UPON
ANY REPRESENTATION, PROMISE OR STATEMENT BY LANDLORD OR LANDLORD'S AGENTS,
EMPLOYEES OR REPRESENTATIVES, AND TENANT HEREBY DISCLAIMS ANY RELIANCE UPON ANY
REPRESENTATION, STATEMENT OR PROMISE OF LANDLORD OR LANDLORD'S AGENTS, EMPLOYEES
AND REPRESENTATIVES, EXCEPT TO THE EXTENT THAT SUCH REPRESENTATIONS, STATEMENTS
OR PROMISES ARE EXPRESSLY AND SPECIFICALLY SET FORTH IN THIS LEASE, AND TENANT
HEREBY WAIVES AND RELEASES ANY CLAIM FOR FRAUDULENT INDUCEMENT OR OTHERWISE
BASED UPON ANY REPRESENTATIONS, STATEMENTS OR PROMISES, IF ANY, NOT EXPRESSLY
AND SPECIFICALLY SET FORTH IN THIS LEASE. TENANT ADDITIONALLY HEREBY
ACKNOWLEDGES AND AGREES THAT TENANT HAS BEEN REPRESENTED AND/OR HAS HAD THE
OPPORTUNITY TO BE REPRESENTED BY INDEPENDENT COUNSEL AND THAT TENANT HAS
THEREFORE NOT ACTED UNDER COMPULSION OR DURESS IN MAKING AND ENTERING INTO THIS
LEASE, BUT HAS INSTEAD MADE AND ENTERED INTO THIS LEASE KNOWINGLY AND
VOLUNTARILY, AND TENANT CONSEQUENTLY ACKNOWLEDGES ITS UNDERSTANDING OF AND
AGREEMENT TO THE TERMS AND CONDITIONS OF THIS LEASE (INCLUDING, WITHOUT
LIMITATION, THE IMPLICATIONS AND EFFECT OF THE WAIVERS AND DISCLAIMERS SET FORTH
IN THIS PARAGRAPH ABOVE). Notwithstanding the foregoing, Landlord remains
obligated to complete all punchlist items with respect to Landlord's Work,
repair all latent defects with respect to Landlord's Work (subject to the terms
hereof) and perform all repair and maintenance obligations of Landlord in
accordance with the requirements of this Lease.
(b)
Intentionally Omitted.
(c)
Tenant shall not make or allow to be made (except as otherwise provided
in this Lease) any alterations or physical additions (including fixtures) in or
to the Leased Premises, or place safes, vaults or other heavy furniture or
equipment within the Leased Premises, without first obtaining the written
consent of Landlord, such consent not to be unreasonably withheld, conditioned
or delayed if such alterations or physical additions (i) are non-structural and
do not affect any Building systems, (ii)
affect only the Premises and are not
visible from outside of the Premises, (iii) do not affect the certificate of
occupancy issued for the Building, Office Building or the Premises, and (iv) do
not violate any applicable law. Tenant shall deliver to Landlord a copy of the
"as-built" plans and specifications for all alterations or physical additions so
made by or on behalf of Tenant in or to the Leased Premises. Tenant agrees
specifically that no food, soft drink or other vending machine will
be installed within the Leased Premises without the prior written consent of
Landlord, which consent will not be unreasonably withheld, conditioned or
delayed. Tenant must provide notice to Landlord, but is not required to secure
Landlord's consent, for alterations or improvements that are cosmetic in nature
(e.g., painting, carpeting, reconfiguration of furniture, minor repairs, etc.),