such use as set forth in this Lease and shall
terminate concurrently with any termination of this Lease.
2.3
Lease Commencement Date And Lease Term.
The term of this Lease
shall begin on the Lease Commencement Date as set forth in Article 1 (the "Lease
Commencement Date"). The term of this Lease shall in all events end on the Lease
Expiration Date (as set forth in Article 1). The Lease Term shall be that period
of time commencing on the Lease Commencement Date and ending on the Lease
Expiration Date (the "Lease Term").
2.4
Delivery Of Possession.
Landlord shall deliver to Tenant
possession of the Leased Premises on the Lease Commencement Date.
Notwithstanding the foregoing, (a) Mistubishi currently leases all of the
interior space in the 1070/1080 East Arques building through July 31, 2003,
(b) Landlord will work with Mistubishi to try to deliver to Tenant possession of
that portion of the Leased Premises located in the 1070/1080 East Arques
building by March 1, 2003, either in the form of a direct lease with Landlord or
in the form of a sublease with Mitsubishi.
If Landlord is able to deliver such
early possession in the form of a direct lease with Landlord, this Lease will be
amended to provide for such early possession, including, without limitation,
rent for such portion of the Leased Premises and the early occupancy period.
2.5
Acceptance Of Possession.
OTHER THAN ANY EXPRESS REPRESENTATIONS
AND WARRANTIES OF LANDLORD SET FORTH IN THIS LEASE (THE "EXPRESS
REPRESENTATIONS"), LANDLORD DOES NOT, BY THE EXECUTION AND DELIVERY OF THIS
LEASE, AND LANDLORD SHALL NOT, BY THE EXECUTION AND DELIVERY OF ANY DOCUMENT OR
INSTRUMENT EXECUTED AND DELIVERED IN CONNECTION WITH THIS LEASE, MAKE ANY
REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND OR NATURE
WHATSOEVER, WITH RESPECT TO THE LEASED PREMISES (THE "NON-EXPRESS
REPRESENTATIONS"), AND ALL SUCH NON-EXPRESS REPRESENTATIONS ARE HEREBY
DISCLAIMED.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING PROVISION,
LANDLORD MAKES, AND SHALL MAKE, NO NON-EXPRESS REPRESENTATION AS TO MATTERS OF
TITLE, ZONING, TAX CONSEQUENCES, PHYSICAL OR ENVIRONMENTAL CONDITION (INCLUDING,
WITHOUT LIMITATION, LAWS, RULES, REGULATIONS, ORDERS AND REQUIREMENTS PERTAINING
TO THE USE, HANDLING, GENERATION, TREATMENT, STORAGE OR DISPOSAL OF ANY TOXIC OR
HAZARDOUS WASTE OR TOXIC, HAZARDOUS OR REGULATED SUBSTANCE), VALUATION,
GOVERNMENTAL APPROVALS, GOVERNMENTAL REGULATIONS OR ANY OTHER MATTER OR THING
RELATING TO OR AFFECTING THE LEASED PREMISES (THE "DISCLAIMED MATTERS").
TENANT
AGREES THAT, WITH RESPECT TO THE LEASED PREMISES, TENANT HAS NOT RELIED UPON AND
WILL NOT RELY UPON, EITHER DIRECTLY OR INDIRECTLY, ANY NON-EXPRESS
REPRESENTATION OF LANDLORD.
TENANT ACKNOWLEDGES THAT PURSUANT TO THE TERMS AND
CONDITIONS OF THE SUBLEASE (AS DEFINED IN SECTION 14.3 HEREOF), TENANT HAS BEEN
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IN POSSESSION OF THE LEASED PREMISES PRIOR TO THE DATE OF THIS LEASE AND WILL
CONTINUE TO HAVE POSSESSION OF THE LEASED PREMISES UNTIL THE LEASE COMMENCEMENT
DATE.
LANDLORD SHALL LEASE TO TENANT, AND TENANT SHALL ACCEPT, THE LEASED
PREMISES "AS IS", "WHERE IS", AND WITH ALL FAULTS, AND EXCEPT FOR THE EXPRESS
REPRESENTATIONS THERE