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