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or items that may pose a safety risk to School personnel or students. Any such suspicious <br /> activity or items found will be immediately reported and escalated. <br /> (e) The security employee will post no further than 20 feet away from the School's main <br /> entrance gate and playground fence line.The security employee will maintain line of sight <br /> of the School's main entrance at all times when providing the services to provide an <br /> expedient response if necessary. <br /> (f) Landlord will conduct its usual employment background check(s) on the person(s) who <br /> will provide the services. Landlord will provide its standard transit security training to the <br /> persons who will provide the services. Landlord will provide its background check and <br /> training materials upon Landlord written request for Tenant review. <br /> The Common Areas services described in this paragraph are,collectively, the "Additional Transit <br /> Patrol Services." The Additional Transit Patrol Services are in addition to any other services to <br /> be performed or obligations of Landlord pursuant to the Lease, but are subject in every respect <br /> to Section 3 below. <br /> 3. Limitations on Additional Transit Patrol Services <br /> (a) Landlord will provide the Additional Transit Patrol Services in accordance with applicable <br /> law. Tenant acknowledges that the Additional Transit Patrol Services are not school <br /> security services. Additional Transit Patrol Services are merely additional transit station <br /> patrols provided in a transit station that serves the general public. <br /> (b) Landlord makes no promises, representations or guarantees to Tenant that the Additional <br /> Transit Patrol Services are sufficient or appropriate for a school. <br /> (c) Tenant remains solely responsible for continuously evaluating the School security and the <br /> Additional Transit Patrol Services. Tenant remains solely responsible for determining <br /> whether such Additional Transit Patrol Services actually assist Tenant in discharging <br /> Tenant's School security responsibility in a transit station environment. In the <br /> evaluations, Tenant is always encouraged to consider hiring its own School security staff <br /> to provide additional security that meets Tenant's School security requirements. <br /> (d) Tenant acknowledges that Tenant's payments the Additional Transit Patrol Services do <br /> not compensate Landlord for assuming additional legal risks for the Additional Transit <br /> Patrol Services. Accordingly, in the event that Landlord fails for any reason to provide <br /> Additional Transit Patrol Services in accordance with this Exhibit, Tenant's exclusive <br /> remedy for such failure is cancellation of the Additional Transit Patrol Services under <br /> Section 6 below and, as appropriate, refunding of amounts paid by Tenant for such <br /> services. Except for such exclusive remedy and except for claims arising from intentional <br /> misconduct by Landlord (or Landlord's officers, employees or agents), Tenant further <br /> hereby waives and releases all claims of any kind whatsoever against Landlord (and <br /> Landlord's officers,employees,and agents), present or that may hereafter accrue,known <br /> or unknown, with respect to the Additional Transit Patrol Services, including without <br /> limitation all such claims arising from gross negligence or negligence or any claim under <br /> Section 14.2 of the Lease. <br /> 4. Schedule. The Additional Transit Patrol Services will be provided on the following schedule <br /> when School is in session: <br /> Student Drop Off: <br /> 5 <br />