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Tenant has the first right to purchase the property in case of the landlord offering the property for sale. ARTICLE 38 MISCELLANEOUS Section 38.01 Effect of Waivers. Each of Landlord and Tenants hereby waives the benefits of California Civil Code Section 1542, which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." Section 38.02 Eminent Domain. The provisions of this Lease, including those in Article 12, constitute an express agreement between Landlord and Tenants that applies in the event there is any taking of any part of the Demised Property for any public or quasi-public use under any statute or by right of eminent domain or by purchase in lieu thereof (collectively, "Condemnation"). Tenants and Landlord each hereby waives all rights it may have under California Code of Civil Procedure Section 1265.130, or otherwise, to terminate this Lease based on a total or partial Condemnation. Section 38.03 Damage and Destruction. The provisions of this Lease, including those in Article 11, constitute an express agreement between Landlord and Tenants that applies in the event that the Demised Property or any part thereof shall be damaged or destroyed by fire or other casualty of any kind or nature. Landlord and Tenants, each therefore, fully waives the provisions of any statute or regulation, including California Civil Code Sections 1932(2) and 1933(4), relating to any rights or obligations concerning any such fire or other casualty. Section 38.04 Notices. When this Lease requires service of a notice, that notice shall replace rather than supplement any equivalent or similar statutory notice, including any notices required by California Code of Civil Procedure Section 1161 or any similar or successor statute. When a statute requires service of a notice in a particular manner, service of that notice (or a similar notice required by this Lease) in the manner required by Article 17 shall replace and satisfy the statutory service-of-notice procedures, including those required by California Code of Civil Procedure Section 1162 or any similar or successor statute. Section 38.05 Certified Access Specialist Inspection. Tenants acknowledges that the Demised Property has not undergone an inspection by a Certified Access Specialist (CASp) and Landlord has no knowledge whether or not the Demised Property meets all applicable construction-related accessibility standards pursuant to California Civil Code §55.51 et seq. Section 38.06 Remedies. It is intended that Landlord shall have the remedy described in California Civil Code Section 1951.4, which provides that, when a Tenants has the right to sublet or assign, the landlord may continue the lease in effect after the Tenants' breach and abandonment and recover rent as it becomes due. Accordingly, if Landlord does not elect to terminate this Lease on account of any default by Tenants, Landlord may enforce all of 36