makes no representations or warranties regarding the Exterior Furniture and Fixtures, and Tenant acknowledges that the Exterior Furniture and Fixtures shall be transferred, pursuant to a commercially reasonable bill of sale for consideration of $1.00, on an “AS IS”, “WHERE IS”, “WITH ALL FAULTS” basis, and without any warranties, representations or guarantees, either express or implied, of any kind, nature, or type whatsoever, including, but not limited to, any warranty of title, fitness for a particular purpose or merchantability, and Landlord shall have no liability or obligation with respect to the condition thereof or for any maintenance and repairs required thereto. Tenant shall comply with all laws, statutes, ordinances or other governmental rules, regulations or requirements with respect to such Exterior Improvements and Exterior Furniture and Fixtures. Tenant, at Tenant's sole cost and expense, shall keep the Exterior Furniture and Fixtures in good and clean condition and repair throughout the Extended Term, as the same may be extended. Tenant acknowledges that use of the Exterior Expansion Premises carries with it certain inherent risks that it may not be possible to eliminate regardless of the care taken to avoid injuries, and Tenant hereby assumes all risks associated with the use of the Exterior Expansion Premises by Tenant.
7.3Existing Pergola. Landlord and Tenant acknowledge and agree that, as of the date hereof, the Exterior Expansion Premises includes an existing pergola structure (the “Existing Pergola”), and that such Existing Pergola was only permitted by the applicable authorities because it includes certain solar panels attached thereto (the “Solar Panels”). Notwithstanding anything in the Lease or this Fifth Amendment to the contrary, (a) Tenant shall be solely responsible, at its sole cost and expense, for the repair and maintenance of such Solar Panels commencing on the Extension Commencement Date and continuing through the Extended Term, and (b) Tenant shall receive the sole financial benefit derived from such Solar Panels by way of net metering, credits against Tenant’s electrical utility charges or similar methods to allocate the financial benefit of such Solar Panels. Furthermore, to the extent that such Solar Panels become non-functional during such period, Tenant shall be solely responsible, at its sole cost and expense, for either (i) repairing and/or replacing such Solar Panels, or (ii) demolishing the Existing Pergola. To the extent that Tenant elects to demolish the Existing Pergola, any such
demolition shall be subject to Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed (provided it shall be deemed reasonable for Landlord to withhold its consent if, pursuant to applicable Laws, the demolition of the Existing Pergola would impact the certificate of occupancy (or its legal equivalent) of the Building or the Premises (including the Expansion Premises), or would impact the permitted use of the Premises (including the Expansion Premises)), and Tenant shall coordinate with Landlord to ensure that such demolition is completed in a safe and expeditious manner, as determined by Landlord in its reasonable discretion.
7.4Window Washing/Window Washing Equipment. Notwithstanding anything to the contrary set forth in the Lease or in this Fifth Amendment, when furnishing exterior Building window washing services, or other maintenance to the exterior of the Building, Landlord shall have the right, from time-to-time, to (i) use the Exterior Expansion Premises to support the window washing scaffolding and equipment (including, without limitation, the insertion of the davits into the davit receptacles located on the Exterior Expansion Premises) to the extent reasonably required to perform such window washing service or other maintenance,