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iMaMMIMIN ►OI
<br />the foregoing, Lessee is responsible for any and all upgrades to the existing HVAC system
<br />(including, without limitation repair, replacement or additions) to accommodate Lessee's use of
<br />the Premises as a Shelter and its required occupancy and usage of the Premises, all of which shall
<br />be completed prior to Lessee's opening of the Shelter at the Premises. Any such replacement
<br />roof and HVAC system required hereunder shall substantially similar to the current roof and
<br />HVAC system as chosen and installed by Lessor using its reasonable judgement in good faith.
<br />Nothing in this Section 55 shall be deemed or construed as modifying or amending Lessee's
<br />obligations for the regular maintenance and repair of the Premises, roof and HVAC system.
<br />Notwithstanding anything to the contrary set forth herein, Lessee hereby affirms and agrees that
<br />(a) the current HVAC system in the Premises is acceptable to Lessee in its current condition, (b)
<br />the roof is acceptable to Lessee in its current condition and (c) that if the current HVAC system,
<br />any current structural portion of the Premises or the roof requires any repair, modification,
<br />upgrade or replacement to permit the Premises to be occupied by Lessee or operated as a Shelter,
<br />Lessee shall make such repair, modification, upgrade or replacement and Lessor shall have no
<br />responsibility or liability with respect thereto. Additionally, and notwithstanding the foregoing,
<br />in the event that Lessee replaces the current HVAC system with a whole new system (as opposed
<br />to any repair or addition to the current system) as part of Lessee's initial tenant improvement
<br />work to the Premises, prior to its occupancy and usage of the Premises as a Shelter, and such
<br />replacement system is approved by Lessor in using its reasonable judgement in good faith, Lessee
<br />and Lessor agree that the cost of such replacement shall be shared equally by Lessor and Lessee
<br />and Lessor shall pay to Lessee Lessor's share within the later of 15 days after (a) Lessor's receipt
<br />from Lessee of request therefore (with reasonable evidence that such invoices have been paid in
<br />full or will be paid in full with Lessor's funds) and (b) Lessee has opened the Shelter.
<br />56. Neighborhood Conditions. Lessee represents and warrants to Lessor that it is aware of
<br />neighborhood or area conditions, including schools, proximity and adequacy of law enforcement,
<br />crime statistics, proximity of registered felons or offenders, fire protection, other governmental
<br />services, availability adequacy and cost of an speed -wired, wireless internet connections or other
<br />telecommunications or other technology services and installations, proximity to commercial,
<br />industrial or agricultural activities, existing and proposed transportation, construction and
<br />development that may affect noise, view, or traffic, airport noise, noise or odor from any source,
<br />wild and domestic animals, other nuisances, hazard or circumstance, cemeteries, facilities and
<br />condition of common areas, conditions and influences of significance to certain cultures and/or
<br />religions, and personal needs, requirements and preferences of Lessee.
<br />57. Condition of Premises. Notwithstanding anything to the contrary in the Lease, Lessor shall
<br />deliver the Premises in its current "as is" condition as of the date hereof, and Lessee shall, and
<br />does hereby, accept delivery of the Premises as of the date hereof ("Delivery Date", "Effective
<br />Date" or "Commencement Date"). Lessee shall provide Lessor a copy of Lessee's certificate(s)
<br />of liability insurance concurrently with the execution hereof; provided, however, the failure to do
<br />so shall not extend the Delivery Date. The Premises are hereby leased to Lessee "as is", without
<br />representation or warranty by the Lessor (except as otherwise expressly provided in this Lease),
<br />and Lessee hereby accepts the Premises in the condition thereof existing as of the date hereof
<br />subject to all applicable zoning, municipal, county, state and federal laws, ordinances, rules,
<br />regulations, orders, restrictions of record and requirements now or hereafter in effect during the
<br />Term (collectively, "Applicable Requirements", "Applicable Laws" or just "Laws"). Therefore,
<br />notwithstanding anything to the contrary set forth in this Lease, Lessee represents and warrants
<br />that Lessee has inspected the Premises, and that Lessee is familiar with the general and specific
<br />condition(s) of the Premises and that Lessor shall have no responsibility or liability (except as
<br />otherwise expressly provided in this Lease) with respect to the general or any specific condition
<br />of the Premises or any system (including, without limitation, HVAC, electrical, plumbing,
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