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<br />Page | 7 <br />9138-126780\1512539.3 <br />2.2 The “Term” of this Lease shall commence on the Effective Date of this Lease, and <br />shall expire at 12:00 midnight Pacific Standard Time on the 99th anniversary of the Commencement <br />Date, unless sooner terminated as a result of Tenant’s non-compliance with any terms, conditions, <br />covenants, restrictions or reservations of this Lease. Notwithstanding the foregoing, the Term shall <br />not exceed ninety-nine (99) years from the Effective Date. <br />2.3 Termination at End of Term. This Lease shall terminate without need of further <br />actions of any Party at 12:00 midnight Pacific Standard Time on the last day of the Term. <br />2.4 Condition of the Premises. TENANT HEREBY ACCEPTS THE PREMISES <br />“AS IS”, AND ACKNOWLEDGES THAT THE PREMISES IS IN SATISFACTORY <br />CONDITION. AGENCY MAKES NO WARRANTY, IMPLIED OR OTHERWISE, AS TO <br />THE SUITABILITY OF THE PREMISES FOR TENANT’S PROPOSED USES. THE <br />AGENCY MAKE NO COVENANTS OR WARRANTIES, IMPLIED OR OTHERWISE, <br />RESPECTING THE CONDITION OF THE SOIL, SUBSOIL, OR ANY OTHER <br />CONDITIONS OF THE PREMISES OR THE PRESENCE OF HAZARDOUS MATERIALS, <br />NOR DOES AGENCY COVENANT OR WARRANT, IMPLIED OR OTHERWISE, AS TO <br />THE SUITABILITY OF THE PREMISES FOR THE PROPOSED DEVELOPMENT, <br />CONSTRUCTION OR USE BY TENANT. THE AGENCY SHALL NOT BE RESPONSIBLE <br />FOR ANY LAND SUBSIDENCE, SLIPPAGE, SOIL INSTABILITY OR DAMAGE <br />RESULTING THEREFROM. THE AGENCY SHALL NOT BE REQUIRED OR <br />OBLIGATED TO MAKE ANY CHANGES, ALTERATIONS, ADDITIONS, <br />IMPROVEMENTS OR REPAIRS TO THE PREMISES. TENANT SHALL RELY ON ITS <br />OWN INSPECTION AS TO THE SUITABILITY OF THE PREMISES FOR THE <br />INTENDED USE. <br />TENANT INITIALS: ______ ______ <br />2.5 Limitations of the Leasehold. This Lease and the rights and privileges granted <br />Tenant in and to the Premises are subject to all covenants, conditions, restrictions, and exceptions of <br />record as of the date hereof or otherwise disclosed to Tenant prior to the date hereof. Nothing <br />contained in this Lease or in any document related hereto shall be construed to imply the conveyance <br />to Tenant of rights in the Premises which exceed those owned by Lessor, or any representation or <br />warranty, either express or implied, relating to the nature or condition of the Premises or ’s or <br />Agency’s interest therein. <br />2.6 Tenant’s Investigation. Tenant acknowledges that it is solely responsible for <br />investigating the Premises to determine the suitability thereof for the uses contemplated by Tenant. <br />Tenant further acknowledges by executing this Lease that it has completed its investigation and has <br />made such determinations as Tenant believes may be required under the circumstances. <br />ARTICLE III <br />TOTAL RENT <br /> <br />3.1 Base Rent. Throughout the Term of this Lease, Tenant shall make annual payments <br />to the Agency in the amount of one dollar ($1.00) per year (“Base Rent”), commencing on the <br />Commencement Date and continuing on each anniversary thereof. <br /> <br />EXHIBIT 5