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20.3 Indemnification by Tenant. Tenant shall defend, indemnify and hold the
<br />Landlord (and its members, managers, governors, employees, successors and assigns) harmless
<br />from and against any and all losses, damages, costs, liabilities, expenses, attorneys fees, expert
<br />costs, engineering costs, remediation costs or fines arising from or in any manner, directly or
<br />indirectly, related to any breach by Tenant of any of its warranties, representations, covenants,
<br />agreements or obligations set forth in this Article 20. The provisions of this Section 20.3 shall
<br />survive termination or expiration of this Lease.
<br />20.4 No Landlord Representations. Landlord makes no representations or warranties
<br />with respect to the condition of the Land or the Premises, and Tenant hereby accepts the Land
<br />and the Premises on an "as -is" basis, without any obligation of Landlord to take any action with
<br />respect to compliance with Environmental Laws or Hazardous Materials, or Claims with respect
<br />to the Land or the Premises.
<br />20.5 Condition of Premises. The Premises is demised and let by Landlord "AS IS" in
<br />(a) its present condition, subject to the rights of any parties in possession thereof (other than
<br />rights, if any, granted by Landlord), the state of the title thereto existing at the time of the
<br />commencement of the Term (other than defects in, or exceptions to, title, if any, created by
<br />Landlord), any state of facts which an accurate surveyor physical inspection might show, all
<br />Applicable Laws, any violations of Applicable Laws which may exist at the commencement of
<br />the Term and the presence of any Hazardous Materials at or under the Premises or at or under
<br />any property in the vicinity of the Premises. Tenant has occupied the Premises as owner
<br />immediately prior to entering into this Lease, has inspected the Premises, is satisfied with the
<br />results of its inspections of the Premises and is entering into this Lease solely on the basis of the
<br />results of its own inspections and all risks incident to the matters discussed in the preceding
<br />sentence.
<br />ARTICLE 21
<br />INTENTIONALLY DELETED
<br />ARTICLE 22
<br />MISCELLANEOUS PROVISIONS
<br />22.1 Indemnification. Except if and to the extent that such party is released from
<br />liability to the other party hereto pursuant to any waiver of claims or waiver of subrogation
<br />contained in this Lease,
<br />(a) Tenant hereby agrees to indemnify and hold Landlord harmless from and against
<br />any and all costs, damages, claims, liabilities and expenses (including reasonable attorneys fees)
<br />suffered by or claimed against Landlord, based on, or arising out of, or resulting from: (i)
<br />Tenant's use and occupancy of the Premises or the business conducted by Tenant therein, (ii) any
<br />negligent act or omission by Tenant or its employees, agents, or invitees, or (iii) any breach or
<br />default by Tenant in the performance or observance of its covenants or obligations under this
<br />Lease.
<br />The indemnities set forth herein shall also inure to the benefit of Landlord and its
<br />employees, agents, invitees, successors and assigns.
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