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8.1. SR 03-21-2016
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8.1. SR 03-21-2016
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construed to require Tenant to occupy the Building or keep the Building open for the operation <br />of its business or to continue to operate its business in the Premises. <br />ARTICLE 4 <br />POSSESSION <br />4.1 Access and Possession. Tenant acknowledges that, upon the Commencement <br />Date, it will occupy the Premises. Landlord shall deliver the Premises to Tenant and Tenant <br />shall accept exclusive possession of the Premises on the Commencement Date. Tenant's <br />execution and delivery of this Lease evidences Tenant's unconditional acceptance of the <br />Premises to use for the purposes permitted in Article 3 hereof. Tenant will self -manage the <br />Premises. <br />4.2 CONDITION OF PREMISES AT POSSESSION. TENANT <br />ACKNOWLEDGES THAT TENANT, AT ITS SOLE COST AND INDEPENDENTLY OF <br />LANDLORD, HAS CAUSED THE CONSTRUCTION OF THE BUILDING AND ALL <br />OTHER IMPROVEMENTS LOCATED ON THE LAND PRIOR TO THE <br />COMMENCEMENT DATE. TENANT IS SOLELY RESPONSIBLE FOR THE CONDITION <br />OF THE PREMISES. LANDLORD IS NOT MAKING AND SPECIFICALLY DISCLAIMS <br />ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER, <br />EXPRESS OR IMPLIED, WITH RESPECT TO THE PREMISES, INCLUDING, BUT NOT <br />LIMITED TO, THE PHYSICAL CONDITION OF THE PREMISES, ENVIRONMENTAL <br />CONDITIONS, HAZARDOUS MATERIALS, COMPLIANCE WITH APPLICABLE LAWS, <br />AVAILABILITY OF ACCESS, INGRESS OR EGRESS, OPERATING COST PROJECTIONS, <br />VALUATION, GOVERNMENTAL APPROVALS, GOVERNMENTAL REGULATIONS, <br />THE QUALITY OF THE CONSTRUCTION OR MATERIALS INCORPORATED INTO THE <br />PREMISES, AND THE MANNER, QUALITY, STATE OF REPAIR, OR LACK OF REPAIR, <br />OF THE PREMISES. TENANT ACCEPTS POSSESSION OF THE PREMISES ON THE <br />COMMENCEMENT DATE AS -IS, WHERE -IS, AND WITH ALL FAULTS. <br />ARTICLE 5 <br />TAXES <br />5.1 Definitions. <br />(a) "Taxes" shall mean real estate taxes, assessments (general or special), and any <br />other federal, state or local governmental and quasi -governmental taxes, fees and charges, <br />general, special, foreseen or unforeseen, ordinary or extraordinary, and any additions to tax, <br />penalties or interest thereon payable with respect to the Premises or the Rent during the Term <br />(but not including (i) income or franchise taxes or any other taxes imposed upon or measured by <br />Landlord's income or profits and/or (ii) taxes in the nature of sales, use, rental, stamp, transfer or <br />license taxes), which may now or after the date hereof be imposed or levied upon or assessed <br />against or with respect to or in connection with the Premises, or any part or interest therein, or <br />any additions, modifications or improvements thereto. Notwithstanding anything contained in <br />the foregoing definition to the contrary: <br />fl <br />
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