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long as no Event of Default has occurred and remains uncured pursuant to this Lease Agreement, the <br /> Lessee shall have the right to extend the Term for two (2)consecutive periods of ten (10) years each. <br /> Lessee may exercise its right to so extend the Term by providing to Lessor written notice of Lessee's <br /> intent so to extend ninety(90) days prior to the expiration of the original Term, and thereafter upon <br /> providing Lessor such written notice within ninety (90) days prior to the expiration of the first <br /> extension of the Term. As long as this Lease Agreement and the leasehold estate created in this <br /> Lease Agreement have not expired or have not been terminated, the leasehold estate created in this <br /> Lease Agreement shall be subject to the terms, covenants, agreements and conditions of this Lease <br /> Agreement. <br /> 2.3) Rental Payments for Leasehold Property-Lessee shall pay as and for the rental of the <br /> Leasehold Property, beginning on the date hereof, annual rental payments in the sum of One Dollar <br /> ($1.00), which may be payable by the Lessee for the entire Term or any renewal thereof in advance <br /> in one lump sum. Lessee hereby waives any right to a refund or abatement of the rental payable <br /> pursuant to this lease, whether pursuant to Lessor's default hereunder or termination of this Lease <br /> prior to the expiration of the Term or any renewal thereof. <br /> 2.4) Rent Abatement - The rental payments to be made by Lessee to Lessor pursuant to <br /> this Lease Agreement shall not be abated, either in whole or in part, by reason of any damage to or <br /> destruction of, the Leasehold Property, the Improvements, or any other improvement presently <br /> located on or to be constructed or placed on the Leasehold Property. <br /> 2.5) Waiver - It is understood by the parties hereto that the Leasehold Property is being <br /> leased by Lessee from Lessor "as is." Lessor makes no representations or warranties that the <br /> Leasehold Property will be suitable for the uses to which Lessee intends to put it. Lessee hereby <br /> waives all statutory, common law, or any other implied warranty of habitability or use and agrees that <br /> Lessor shall not be liable to repair, replace, or pay for any damage to the Leasehold Property or any <br /> improvements located on or to be constructed on such property, whether such damage has occurred <br /> prior to or occurs after the date of this Lease Agreement. <br /> 2.6) Surveys and Tests-Lessee shall obtain whatever surveys, soil tests, and other reports <br /> and analyses it deems necessary, including without limitation, any environmental analyses and reports <br /> referred to at Section 7.9 of this Lease Agreement, at its sole cost and expense. Lessee shall make <br /> all such surveys, tests and reports available to Lessor for examination, upon request and during <br /> normal business hours, in connection with and as an integral part of Lessor's review and approval of <br /> the Construction Plans and Lessor's inspection of the Improvements. <br /> ARTICLE 3. <br /> NET LEASE <br /> 3.1) Net Lease - It is the intention and purpose of the parties hereto that this Lease <br /> Agreement shall be a"Net Lease" to Lessor. All costs and expenses of whatever character or kind, <br /> general and special, ordinary and extraordinary, foreseeable or unforeseeable, and of every kind and <br /> nature whatsoever that may be necessary in or about the operation of the Leasehold Property and <br /> BURNS 566679.5 3 of 23 <br />