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<br />THE SAME, AND TENANT HEREBY EXPRESSLY WAIVES, RELEASES AND
<br />RENOUNCES, ANY AND ALL WARRANTIES OR REPRESENTA TIONS, EXPRESSED
<br />OR IMPLIED, STATUTORY OR OTHERWISE IN RESPECT OF THE PREMISES OR
<br />ANY PART THEREOF, INCLUDING, WITHOUT LIMIT A nON, ANY IMPLIED
<br />WARRANTIES OF HABITABILITY Al\'D/OR MERCHANTABILITY AND FlTNESS FOR
<br />USE, DESIGN OR CONDITION FOR ANY PARTICULAR USE OR PURPOSE OR
<br />OTHERWISE, AS TO THE QUALITY OF THE MA TERlAL OR WORKMANSHIP
<br />THEREIN, LATENT OR PATENT, OR ANY CLAIM FOR ANY DIRECT, INCIDENTAL
<br />AND/OR CONSEQUENTIAL DAMAGES RESULTIl'CG THEREFROM IN RESPECT OF
<br />THE PREl'rIlSES OR ANY PART THEREOF OR ANY OF THE FOREGOING; IT BEING
<br />AGREED THA T ALL SUCH RISKS ARE TO BE BORNE BY TENANT. THE PREMISES
<br />AND EACH PART THEREOF IS BEING LEASED IN ITS "AS IS, WHERE IS" AND WITH
<br />AN "ALL FAULTS" CONDITION.
<br />
<br />4. fum. During the Term of lhis Lease, Tenanl shall pay lO Landlord, without notice,
<br />offset, deduction or set-off an annual Base Rent in the amounts set forth in Exhibit "B" arrached
<br />hereto and made a part hereof (the "Base Rent"), subject to the adjustments thereto as set forth in
<br />Exhibit "R". Tenant shall make payments on the first day of each calendar month as rent (the
<br />"Rent") for the Premises: (i) the amount of Base Rent as provided in Exhibit "B" attached hereto
<br />and by this reference incorporated herein, prorated for any portion of the month arising at the
<br />inception or at the expiration of the lerm of this Lease, (ii) a1\ other costs and charges as set forth in
<br />this Lease, and (iii) applicable sales or other taxes due with respect to the Rent. In addition to the
<br />rents and other payments herein provided, Tenant shall pay before delinquency all city taxes, both
<br />general and special, of every kind whatsoever levied or assessed during the Tenn against the
<br />Premises, to the end that Landlord shall receive all Rent due hereunder undiminished by any such
<br />taxes, assessments or charges. Tenant shall also reimburse or pay to Landlord all amounts Landlord
<br />is obligated to pay relating to any rent, occupancy, transaction, privilege, sales or similar tax
<br />(excluding Landlord's income or estate taxes) imposed by any federal, state or local governmental
<br />authority, or any subdivision thereof, upon or measured by any rents or other consideration to be paid
<br />or performed by Tenant hereunder. Landlord shall have aJllegal. equitable and contractual rights,
<br />powers and remedies 'provided either in this Le3.Se or by statute or otherwise in the case of
<br />nonpayment of any component of the Rent that it has in the case of non-payment any other
<br />compone'nt of Rent, such as Base Rent. Each payment of Base Rent made pursuant to this Paragraph
<br />shall be made in advance on the first day of each month.
<br />
<br />5. Maintenance and ReDair. Tenant shall at all times keep in good condition and
<br />repair the Premises and every part thereof. structural and non-structural, interior and exterior,
<br />ordJnary and extraordinary (whether or not such portion of the Premises requiring repair, or the
<br />means of repairing the same are reasonably or readily accessible to Tenant, and whether or not the
<br />need for such repairs occurs as a result of Tenant's use, any prior USe, or the elements and whether
<br />or not such repairs are foreseen or unforeseen), including, without limiting the generality of the
<br />foregoing, all plumbing, heating, air conditioning, ventilating, electrical, lighting facilities and
<br />equipment within the Premises, fixtures, walls (interior and exterior), foundations, ceilings, roofs
<br />
<br />MLA9510/171248-1
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