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DocuSign Envelope ID: 2F824D49-F88D-4ED1-8861-25C6564470E2
<br />EXECUTION COPY
<br />(g) LESSEE's obligation to indemnify, defend, and hold LESSOR harmless
<br />pursuant to this Article shall be with respect to claims, damages, fines, penalties, causes of action,
<br />liabilities, losses, costs and expenses, including attorneys' fees and experts' fees, which resulted
<br />from Hazardous Substances brought in, on, under, above or about the Leased Premises during the
<br />term of this Lease by any person whomsoever, other than LESSOR, its agents, servants,
<br />employees, contractors or licensees acting during the course and scope of their employment. or
<br />guests and invitees of the LESSOR and during the four events permitted to the LESSOR by this
<br />Lease.
<br />(h) LESSEE's maximum liability to LESSOR pursuant to this Section 5.7 shall
<br />be capped at the aggregate amounts payable under commercial liability insurance obtained by
<br />LESSEE pursuant to Section 9.3.
<br />ARTICLE 6.
<br />CONDITION OF PREMISES
<br />6.1 LESSEE'S Acceptance and Maintenance of Leased Premises.
<br />(a) "AS IS" Condition. LESSEE acknowledges that during the Due Diligence
<br />Investigation Period hereof it has performed sufficient inspections of the Leased Premises in order
<br />to fully assess and make itself aware of the condition of the Leased Premises, and that LESSEE is
<br />leasing the Leased Premises in an "AS IS" condition. Except as may be expressly set forth in or
<br />required by this Lease, LESSEE acknowledges that the LESSOR has made no other
<br />representations or warranties as to the condition or status of the Leased Premises and that LESSEE
<br />is not relying on any other representations or warranties of the LESSOR, any broker(s), or any
<br />agent of LESSOR in leasing the Leased Premises. Except as may be expressly set forth in or
<br />required by this Lease, LESSEE acknowledges that neither LESSOR nor any agent or employee
<br />of LESSOR has provided any other representations, warranties, promises, covenants, agreements
<br />or guaranties of any kind or character whatsoever, whether express or implied, oral or written, past,
<br />present or future, of, as to, concerning or with respect to:
<br />(i) The nature, quality or condition of the Leased Premises, including,
<br />without limitation, the water, soil and geology;
<br />(ii) The habitability, merchantability or fitness for a particular purpose
<br />of the Leased Premises; or
<br />(iii) Any other matter with respect to the Leased Premises.
<br />LESSEE shall maintain the Leased Premises in a good state of repair and in a condition consistent
<br />with the Permissible Uses for the Leased Premises as set forth in Section 4.1 hereof. LESSEE shall
<br />not suffer or permit the commission of any waste or neglect of the grounds, landscaping, buildings,
<br />the fixtures and equipment that LESSEE brings, constructs or places on the Leased Premises.
<br />LESSEE shall repair, replace and renovate the Leased Premises, including the structure and all the
<br />improvements located thereon as often as is necessary to keep these items in a good state of repair.
<br />Damage to Leased Premises. On LESSOR's demand, LESSEE shall repair all damages to the
<br />Leased Premises that are incurred or sustained during the Lease Term, where such damages are
<br />not caused by LESSOR or any of its agents, servants, employees, contractors or licensees;
<br />provided, however, that if the damage or injury is caused by LESSOR's tortious acts or omissions,
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