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16. COVENANT OF QUIET ENJOYMENT: <br />Landlord covenants that it has the right to make this Lease for the term aforesaid and <br />covenants that if Tenant shall pay the rent and perform all of the covenants, terms and conditions <br />of this Lease to be performed by Tenant, Tenant shall, during the Term, freely, peaceably and <br />quietly occupy and enjoy the full possession of the Premises. The term "Landlord" as used in this <br />Lease shall mean solely the owner of the Premises, or in the case of a sale - leaseback, the lessee <br />of the underlying land, at the relevant time. The liability of the original Landlord and any <br />successor Landlord under this Lease is limited to its interest in the Premises and any insurance <br />proceeds payable to Landlord with respect to the Premises, and with respect to any liability <br />accrued prior to a transfer, any net proceeds received by the transferor Landlord in consideration <br />of the transfer. <br />17. NO REPRESENTATIONS BY LANDLORD: <br />Neither Landlord nor any agent or employee of Landlord has made any representations or <br />promises with respect to the Premises except as herein expressly set forth, and no right, <br />privileges, easements or licenses are acquired by Tenant except as herein expressly set forth. <br />Tenant, by taking possession of the Premises, shall accept the same "as is" except as expressly <br />provided in this Lease and such taking of possession shall be conclusive evidence that the <br />Premises are in good and satisfactory condition at the time of such taking of possession. In <br />addition to and without limitation of the immediately preceding sentence, Tenant agrees that it is <br />leasing the Premises on an "AS IS ", "WHERE IS" and "WITH ALL FAULTS" basis, based upon <br />its own judgment, and hereby disclaims any reliance upon any statement or representation <br />whatsoever made by Landlord. LANDLORD MAKES NO WARRANTY WITH RESPECT TO <br />THE PREMISES, THE PROJECT OR ANY PART THEREOF, EXPRESS OR IMPLIED, AND <br />LANDLORD SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY <br />AND OF FITNESS FOR A PARTICULAR PURPOSE AND ANY LIABILITY FOR <br />CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR THE INABILITY TO <br />USE THE PREMISES, THE PROJECT OR ANY PART THEREOF. <br />18. NOTICES: <br />All notices or other communications hereunder shall be in writing and shall be effective if <br />hand delivered or sent by registered or certified first -class mail, postage prepaid, or by overnight <br />express service which maintains confirmation of delivery, (i) if to Landlord at Landlord Address <br />set forth on Item 7 of the Data Sheet, and (ii) if to Tenant, at the Premises, unless notice of a <br />change of address is given pursuant to the provisions of this Section. The day notice is given by <br />mail shall be deemed to be the day following the day of mailing. If acceptance is refused, as <br />evidenced by the records of the Postal Service or overnight delivery service, notice shall be <br />deemed given on the date acceptance is refused. <br />19. ESTOPPEL CERTIFICATES: <br />Tenant agrees at any time and from time to time, upon not less than five (5) days prior <br />written notice by Landlord, to execute, acknowledge and deliver to Landlord or a party <br />designated by Landlord a statement in writing (i) certifying that this Lease is unmodified and in <br />full force and effect, or if there have been modifications, that the Lease is in full force and effect <br />6 <br />