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Tenants hereby represent, warrant and covenant to Landlord that Tenants have the right
<br /> and lawful authority to enter into this Lease and perform Tenants' obligations hereunder. Tenants
<br /> acknowledges that they have (a) had access to the Demised Property prior to execution of this
<br /> Lease, (b) had the opportunity to perform all tests, studies, inspections and investigations
<br /> (including any investigations regarding zoning and use issues regarding the Demised Property) if
<br /> desired, and (c) evaluated the Demised Property as to the Demised Property's suitability for
<br /> Tenants' intended operations thereon. Tenants hereby accept the Demised Property in its AS IS
<br /> condition existing on the date Tenants executes this Lease, subject to (x) all applicable Law, (y)
<br /> all private easements and restrictions, governing and regulating the use, operation or
<br /> maintenance of the Demised Property, whether or not of record (collectively, the "Diligence
<br /> Matters"), and (z) all matters disclosed by this Lease, and by any exhibits attached hereto.
<br /> Tenants waives to the fullest extent allowed by Law any rights to notice by Landlord regarding
<br /> the condition of the Demised Property, whether at law or in equity, and hereby waive any rights
<br /> and remedies thereunder based in any alleged or actual failure of Landlord to provide any such
<br /> notices. Tenants acknowledge that (i) neither Landlord nor any of its Affiliates has made any
<br /> representation or warranty as to the suitability of the Demised Property for the conduct of the
<br /> Tenants' business, and (ii) Tenants are entering into this Lease solely on the basis of their own
<br /> investigations and familiarity with the Demised Property and not on the basis of any
<br /> representation, warranty, covenant, agreement, undertaking, promise, statement, arrangement or
<br /> understanding by, on behalf of, or with, Landlord or any of its Affiliates, except as expressly set
<br /> forth in this Lease.
<br /> ARTICLE 6 ALTERATIONS
<br /> Subject to the provisions of this Article 6, Tenants shall have no right to make
<br /> alterations or additions to the Improvements (collectively, "Alterations") at the Demised
<br /> Property that involve structural changes that cost in the aggregate in excess of $5,000.00 or
<br /> otherwise that cost in the aggregate in excess of $5,000.00 (which amounts shall be adjusted
<br /> annually in proportion to increases in the CPI), in each case without prior written consent of
<br /> Landlord, which Landlord agrees it will not withhold unreasonably; provided, however, in no
<br /> event shall any Alterations be made that, after completion, would: (i) reduce the value of the
<br /> Improvements as they existed prior to the time that said Alterations are made; or (ii) adversely
<br /> affect the structural integrity of the Improvements. Tenants may install new underground storage
<br /> tanks (including all vent and fill ports and associated piping), and any above-ground storage
<br /> tanks. Any above-ground storage tanks shall include secondary containment sufficient to prevent
<br /> spills, overfills or tank ruptures from causing a Release. Any and all Alterations made by
<br /> Tenants shall be at Tenants' sole cost and expense. Prior to the commencement of any
<br /> Alterations, including Alterations that cost less than or equal to $5,000.00 (which amount shall
<br /> be adjusted annually in proportion to increases in the CPI) (but excluding Minor Projects),
<br /> Tenants shall deliver promptly to Landlord detailed cost estimates for any such proposed
<br /> Alterations, as well as all drawings,plans and other information regarding such Alterations(such
<br /> estimates, drawings, plans and other information are collectively referred to herein as the
<br /> "Alteration Information"). Landlord's review and/or approval (if required) of any Alteration
<br /> Information shall in no event constitute any representation or warranty by Landlord regarding:
<br /> (x) the compliance of any Alteration Information with any applicable Law, (y) the presence or
<br /> absence of any defects in any Alteration Information, or (z) the safety or quality of any of the
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