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20090535 <br />ARTICLE IX <br />WARRANTIES <br />Section 9.1. Selection. Design and_Construct~n of Improvements. The <br />Improvements have been or will be selected, designed and constructed by or on behalf of Lessee, <br />and Lessor shall have no responsibility in connection with the selection, design or construction <br />of the Improvements or their suitability for the use intended by Lessee. In connection with any <br />contracting far the construction or acquisition of the Improvements, Lessor hereby appoints <br />Lessee as its agent to make any such contract, with the express understanding that all items of <br />property so obtained shall be and became the property of the Lessor in accordance with the terms <br />of this Lease. <br />Section 9.2. Maintenance of Project. Lessor shall have no obligation to test, <br />inspect, service or maintain the Project under any circumstances, but such actions shall be the <br />obligation of Lessee. <br />Section 9.3. Contractor's Warranties. Lessor hereby assigns to Lessee for and <br />during the Term of this Lease, all of its interest in all contractor's warranties and guarantees, if <br />any, express or implied, issued on or applicable to the Improvements or any portion thereof, and <br />Lessor hereby authorizes Lessee to obtain the customary services furnished in connection with <br />such warranties and guarantees at Lessee's expense. <br />Section 9.4. Patent Infringement. Lessor hereby assigns to Lessee for and during <br />the Term of this Lease all of its interest in patent indemnity protection provided by any <br />contractor with respect to the Improvements. Such assignment of patent indemnity protection by <br />Lessor to Lessee shall constitute the entire liability of Lessor for any patent infringement by <br />Improvements furnished pursuant to this Lease. <br />Section 9.5. Disclaimer of Warranties. THE IMPROVEMENTS ARE AND <br />ARE TO BE DELIVERED AS IS, AND LESSOR MAKES NO WARRANTY OR <br />REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN, <br />CONDITION, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR <br />FITNESS FOR THE USE CONTEMPLATED BY LESSEE OF THE IMPROVEMENTS, OR <br />ANY OTHER REPRESENTATION OR WARRANTY WITH RESPECT TO THE <br />IMPROVEMENTS. <br />18 <br />