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BEST BEST & KRIEGER ID:909-632-0771 SEP 10'98 12.22 No.005 P.04 <br />3.8 CONDITION OF P'ROPF,RTY. Tenant acknowledges that it has examined the <br />Premises and shall take possession of same in an wig condition. Tenant acknowledges and agrees <br />that Landlord has made absolutely no representations or warranties regarding whether the Premises <br />is suitable for Tenant's intended use. <br />3.9 ALTERATIONS, IMPROVE MENTS.AND ADDITIONS. 'Tenant may not make <br />any alterations, improvements or additions in, about or on the Promises, without the prior written <br />consent of Landlord. Any such alterations, improvernmts or conditions shalt be at Tenant's sole cost <br />and expense. <br />3.10 ENTRY AND INSPECTION. Tenant shall permit Landlord or Landlord's agents to <br />eater the Premises at rea mable tinier and upon reasonable notice ror the purpose of inspecting the <br />Prenusea or for making necessary re*& <br />3.11 ASSICNMh;NT AND SUBLETTING. Tenant shall not assign or sublease its <br />leasehold interest in the Premises without the prior written approval of Landlord. <br />3.12 ASSUMPTION OF RISK, WAIVER, AND LANDLORD'S NONLIABILTfY. To <br />the maximum extent allowed by law, except for Landlord's wilful or active negligent acts, Tenant <br />assumes any and all risk of loss, damage or injury of any kind to any person or property which is on <br />or about the Premises ("Occurrences!'). Tenant's assu nption of risk for such Occurrences shalt <br />include, without limitation, loss or damage caused by defects in any structure or improvement on the <br />Premises, accident, fire or other casualty on the Premises, as well as any damages or injuries caused <br />by or resulting from the exotic animals on the Premises. To the maximum extent allowed by law, <br />except for Landlord's willful or active negligent acts, Tenant hereby waives any and all *claims and <br />demands against Landlord or Landlord's officials, officers, employees and agents for injury to persons, <br />damage to property caused by or related in any way to the Occurrences in or about tho Premises. <br />Tenant has been advised by its legal counsel concerning the content and effect of California <br />Civil Code Section 1542, which provides: <br />A general release docs not extend to claims which the creditor <br />does not know or suspect to exist in his favor at the time of executing <br />the release; which if known by him must have materially affected his <br />settlement with the debtor. <br />Tenant hereby waives the benefits of Civil Code Section 1542, as well as all other state or <br />federal laws, rules and regulations or judicial decisions of shoilar effect. The provisions of this <br />Section OWI survive the expiration or termination of this Agreement. <br />Tenant's Initials <br />10 <br />itvt'un\ ;MY\49,m <br />