Grouped Into 7 Collections of Similar Clauses From Business Contracts
This page contains Condition of Premises clauses in business contracts and legal agreements. We have organized these clauses into groups of similarly worded clauses.
Condition of Premises. Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of the Premises, the Building or the Project, or with respect to the suitability of the Premises, the Building or the Project for the conduct of Tenant's business. Tenant acknowledges that (a) it is fully familiar with the condition of the Premises and agrees to take the same in its condition "as is" as of the Execution Date and (b) Landlord shall have no obli...gation to alter, repair or otherwise prepare the Premises for Tenant's occupancy or to pay for or construct any improvements to the Premises, except with respect to payment of the TI Allowance. Tenant's taking of possession of the Premises shall, except as otherwise agreed to in writing by Landlord and Tenant, conclusively establish that the Premises, the Building and the Project were at such time in good, sanitary and satisfactory condition and repair.View More
Condition of Premises. Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of the Premises, the Building or the Project, or with respect to the suitability of the Premises, the Building or the Project for the conduct of Tenant's business. Tenant acknowledges that (a) it is will be fully familiar with the condition of the Premises and may have been occupying the Premises prior to the Term Commencement Date pursuant to an arrangement w...ith the prior tenant, Ironwood Pharmaceuticals, Inc., and agrees to take the same in its condition "as is" as of the Execution Date Date, and (b) Landlord shall have no obligation to alter, repair or otherwise prepare the Premises for Tenant's occupancy or to pay for or construct any improvements to the Premises, except with respect to payment of the TI Allowance and A/E Allowance. Tenant's taking of possession of the Premises shall, except as otherwise agreed to in writing by Landlord and Tenant, shall conclusively establish that the Premises, the Building and the Project were at such time in good, sanitary and satisfactory condition and repair. View More
Condition of Premises. Landlord represents to Tenant that, on the Term Commencement Date, all base building systems within the Premises (or the applicable portion thereof), including the HVAC (as hereinafter defined), electrical, life safety and plumbing systems, shall be in good working order (provided that the sole remedy for any breach of the foregoing representation shall be that Landlord shall promptly repair or remedy the violation of the foregoing representation at its sole cost, provided that Landlord may incl...ude the costs thereof in Operating Expenses to the extent that Landlord is permitted to do so under Article 9 below, and Tenant shall not be entitled to any monetary damages for any breach of such representation). Except as set forth in the immediately foregoing sentence, Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of the Premises, the Building or the Project, or with respect to the suitability of the Premises, the Building or the Project for the conduct of Tenant's business. Subject to the foregoing, and without in any way derogating from Landlord's ongoing maintenance, repair and restoration obligations set forth elsewhere in this Lease, Tenant acknowledges that (a) it is fully familiar with the condition of the Premises and agrees to take the same in its condition "as is" as of the Execution Date and (b) Landlord shall have no obligation to alter, repair or otherwise prepare the Premises for Tenant's occupancy or to pay for or construct any improvements to the Premises, except with respect to payment of the TI Allowance and the Base Building Allowance. Tenant's taking of possession of the Premises shall, except as otherwise agreed to in writing by Landlord and Tenant, conclusively establish that the Premises, the Building and the Project were at such time in good, sanitary and satisfactory condition and repair. View More
Condition of Premises. Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of the Premises, the Building or the Project, Property, or with respect to the suitability of the Premises, the Building or the Project Property for the conduct of Tenant's business. Tenant acknowledges that (a) it is in possession of and is fully familiar with the condition of the Premises and agrees to take the same in its condition "as is" as of the Executi...on Date Term Commencement Date, and (b) Landlord shall have no obligation to alter, repair or otherwise prepare the Premises for Tenant's occupancy or to pay for or construct any improvements to the Premises, except with respect to payment of the TI Allowance. Premises. Tenant's taking of possession of the Premises shall, except as otherwise agreed to in writing by Landlord and Tenant, conclusively establish that the Premises, the Building and the Project Property were at such time in good, sanitary and satisfactory condition and repair. View More
Condition of Premises. Except as expressly set forth in the Work Letter attached hereto as Exhibit A (the "Work Letter"), Lessor shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises, and Lessee shall continue to accept the Premises in its presently existing, "as-is" condition. For purposes of Section 1938 of the California Civil Code, Lessor hereby discloses to Lessee, and Lessee hereby acknowledges, that the Premises have not undergone inspection by ...a Certified Access Specialist (CASp). As required by Section 1938(e) of the California Civil Code, Lessor hereby states as follows: "A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or Lessee from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of -2- the lessee or Lessee, if requested by the lessee or Lessee. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises." In furtherance of the foregoing, Lessor and Lessee hereby agree as follows: (a) any CASp inspection requested by Lessee shall be conducted, at Lessee's sole cost and expense, by a CASp approved in advance by Lessor; and (b) subject to Section 1 of the Work Letter, Lessee, at its cost, shall be responsible for making any repairs within the Premises to correct violations of construction-related accessibility standards as disclosed by the CASp inspection; and, if anything done by or for Lessee in its use or occupancy of the Premises shall require repairs to the Building (outside the Premises) to correct violations of construction-related accessibility standards as disclosed by the CASp inspection, then Lessee shall, at Lessor's option, either perform such repairs at Lessee's sole cost and expense or reimburse Lessor upon demand, for the cost to Lessor of performing such repairs.View More
Condition of Premises. Except Tenant acknowledges that Tenant has been occupying the Premises pursuant to the Sublease, and accordingly Tenant continues to accept the Premises in its presently existing, "as is" condition during the "Lease Term" (as defined in Section 4 below). Notwithstanding any contrary provision of the Sublease (or Master Lease, as expressly set forth in the Work Letter attached hereto as Exhibit A (the "Work Letter"), Lessor applicable), Landlord shall not be obligated to provide or pay for any im...provement work or services related to the improvement of the Premises, and Lessee shall continue to accept the Premises in its presently existing, "as-is" condition. under this Lease. For purposes of Section 1938 of the California Civil Code, Lessor Landlord hereby discloses to Lessee, Tenant, and Lessee Tenant hereby acknowledges, that the Property, Building and Premises have not undergone inspection by a Certified Access Specialist (CASp). As required by Section 1938(e) of the California Civil Code, Lessor Landlord hereby states as follows: follows; "A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or Lessee tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of -2- the lessee or Lessee, tenant, if requested by the lessee or Lessee. tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises." In furtherance of the foregoing, Lessor Landlord and Lessee Tenant hereby agree as follows: follows; (a) any CASp inspection requested by Lessee Tenant shall be conducted, at Lessee's Tenant's sole cost and expense, by a CASp approved in advance by Lessor; Landlord; and (b) subject to Section 1 of the Work Letter, Lessee, Tenant, at its cost, shall be is responsible for making any repairs within the Premises to correct violations of construction-related accessibility standards as disclosed by the CASp inspection; standards; and, if anything done by or for Lessee Tenant in its use or occupancy of the Premises shall require repairs to the Building (outside the Premises) to correct violations of construction-related accessibility standards as disclosed by the CASp inspection, standards, then Lessee Tenant shall, at Lessor's Landlord's option, either perform such repairs at Lessee's Tenant's sole cost and expense or reimburse Lessor Landlord upon demand, as Additional Rent, for the cost to Lessor Landlord of performing such repairs. View More
Condition of Premises. Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of the Premises, the Building or the Project, or with respect to the suitability of the Premises, the Building or the Project for the conduct of Tenant's business. Tenant acknowledges that (a) it is fully familiar with the condition of the Premises and agrees to take the same in its condition "as is" as of the Execution Date and (b) Landlord shall have no obli...gation to alter, repair or otherwise prepare the Premises for Tenant's occupancy or to pay for or construct any improvements to the Premises, except with respect to the Landlord Work, the TI Allowance and Landlord's Delivery Obligation (as defined below, but subject to the terms below). Tenant's taking of possession of the Premises shall, except as otherwise agreed to in writing by Landlord and Tenant, conclusively establish that the Premises, the Building and the Project were at such time in good, sanitary and satisfactory condition and repair (provided that Landlord shall remain obligated to complete any punch list items in connection with the Initial Landlord Work (provided that Landlord agrees that any such items are punch list items)). 5.1. Notwithstanding anything to the contrary in this Article, Landlord shall deliver the Premises to Tenant on the Term Commencement Date with the Building systems that Landlord is required to repair and maintain hereunder, including the heating, ventilating, air conditioning (but excluding any supplemental cooling system installed with respect to any server room in the Premises), electrical, plumbing and fire and life safety systems serving the Premises in good working order, condition and repair as of the Term Commencement Date ("Landlord's Delivery Obligation"). 5.2. In the event that Landlord fails to satisfy Landlord's Delivery Obligation, and Tenant delivers written notice to Landlord ("Repair Notice") on or before the date that is sixty (60) days after the Term Commencement Date (such date, the "Repair Notice Date") detailing the nature of such failure, then Landlord shall, at Landlord's sole cost and expense and as Tenant's sole and exclusive remedy for such failure, promptly make any repairs reasonably necessary to correct such failure. Landlord shall not have any obligations or liabilities in connection with a failure to satisfy Landlord's Delivery Obligation except to provide the express remedies set forth in the immediately preceding grammatical sentence in connection with a failure identified by Tenant in a Repair Notice delivered to Landlord on or before the Repair Notice Date. 5.3. For the sake of clarity, in no event shall anything in this Article 5 be construed to relieve Tenant of any costs or obligations related to the normal operation, repairs and maintenance of the relevant systems and equipment that are the subject of Landlord's Delivery Obligation. 6 6. Rentable Area. 6.1. The term "Rentable Area" shall reflect such areas as reasonably calculated by Landlord's architect, as the same may be reasonably adjusted from time to time by Landlord in consultation with Landlord's architect to reflect changes to the Premises, the Building or the Project, as applicable. 6.2. The Rentable Area of the Building is generally determined by making separate calculations of Rentable Area applicable to each floor within the Building and totaling the Rentable Area of all floors within the Building. The Rentable Area of a floor is computed by measuring to the outside finished surface of the permanent outer Building walls. The full area calculated as previously set forth is included as Rentable Area, without deduction for columns and projections or vertical penetrations, including stairs, elevator shafts, flues, pipe shafts, vertical ducts and the like, as well as such items' enclosing walls. 6.3. The term "Rentable Area," when applied to the Premises, is that area equal to the usable area of the Premises, plus an equitable allocation of Rentable Area within the Building that is not then utilized or expected to be utilized as usable area, including that portion of the Building devoted to corridors, equipment rooms, restrooms, elevator lobby, atrium and mailroom.View More
Condition of Premises. Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of the Premises, the Building or the Project, or with respect to the suitability of the Premises, the Building or the Project for the conduct of Tenant's business. Tenant acknowledges that (a) it is fully familiar with the condition of the Premises and agrees to take the same Premises in its condition "as is" as of the Execution Date Term Commencement Date, su...bject to Landlord's obligations with respect to the condition of the Landlord's Work set forth in Section 4.1 hereof, and (b) Landlord shall have no obligation to alter, repair or otherwise prepare the Premises for Tenant's occupancy or to pay for or construct any improvements to the Premises, except for performance of the work described in Exhibit B-2 (the "Landlord's Work") and with respect to payment of the Landlord Work, the Base TI Allowance and Landlord's Delivery Obligation (as defined below, but subject to and, if used by Tenant, the terms below). Additional TI Allowance. Tenant's taking of possession of the Premises shall, except as otherwise agreed to in writing by Landlord and Tenant, conclusively establish that the Premises, the Building and the Project were at such time in good, sanitary and satisfactory condition and repair (provided that Landlord shall remain obligated to complete any punch list items in connection with the Initial Landlord Work (provided that Landlord agrees that any such items are punch list items)). 5.1. Notwithstanding anything to the contrary in this Article, Landlord shall deliver the Premises to Tenant on the Term Commencement Date with the Building systems that Landlord is required to repair and maintain hereunder, including the heating, ventilating, air conditioning (but excluding any supplemental cooling system installed with respect to any server room in the Premises), electrical, plumbing and fire and life safety systems serving the Premises in good working order, condition and repair as of the Term Commencement Date ("Landlord's Delivery Obligation"). 5.2. In the event that Landlord fails to satisfy Landlord's Delivery Obligation, and Tenant delivers written notice to Landlord ("Repair Notice") on or before the date that is sixty (60) days after the Term Commencement Date (such date, the "Repair Notice Date") detailing the nature of such failure, then Landlord shall, at Landlord's sole cost and expense and as Tenant's sole and exclusive remedy for such failure, promptly make any repairs reasonably necessary to correct such failure. Landlord shall not have any obligations or liabilities in connection with a failure to satisfy Landlord's Delivery Obligation except to provide the express remedies set forth in the immediately preceding grammatical sentence in connection with a failure identified by Tenant in a Repair Notice delivered to Landlord on or before the Repair Notice Date. 5.3. For the sake of clarity, in no event shall anything in this Article 5 be construed to relieve Tenant of any costs or obligations related to the normal operation, repairs and maintenance of the relevant systems and equipment that are the subject of Landlord's Delivery Obligation. 6 repair. 8 6. Rentable Area. 6.1. The term "Rentable Area" shall reflect such areas as reasonably calculated by Landlord's architect, as the same may be reasonably adjusted from time to time by Landlord in consultation with Landlord's architect to reflect changes to the expansion or contraction of the Premises, the Building or the Project, as applicable. applicable, but in any event not more than once during the initial Term of this Lease. 6.2. The Rentable Area of the Building is generally determined by making separate calculations of Rentable Area applicable to each floor within the Building and totaling the Rentable Area of all floors within the Building. The Rentable Area of a floor is computed by measuring to the outside finished surface of the permanent outer Building walls. The full area calculated as previously set forth is included as Rentable Area, without deduction for columns and projections or vertical penetrations, including stairs, elevator shafts, flues, pipe shafts, vertical ducts and the like, as well as such items' enclosing walls. 6.3. The term "Rentable Area," when applied to the Premises, is that area equal to the usable area of the Premises, plus an equitable allocation of Rentable Area within the Building that is not then utilized or expected to be utilized as usable area, including that portion of the Building devoted to corridors, equipment rooms, restrooms, elevator lobby, atrium and mailroom. 6.4. The Rentable Area of the Project is the total Rentable Area of all buildings within the Project. 6.5. Review of allocations of Rentable Areas as between tenants of the Building and the Project shall be made as and when Landlord deems appropriate, acting reasonably, and not more than once during the Lease Term, including in order to facilitate an equitable apportionment of Operating Expenses (as defined below). Such review shall be conducted by a licensed architect and certified by such licensed architect as being correct, in which event Tenant shall be bound by such certifications. View More
Condition of Premises. Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of the Premises, the Building or the Project, or with respect to the suitability of the Premises, the Building or the Project for the conduct of Tenant's business. Tenant acknowledges that (a) it is fully familiar with the condition of the Premises and agrees to take the same in its condition "as is" as of the Term Commencement Date, subject to Landlord's obli...gations under this Section 5, and (b) Landlord shall have no obligation to alter, repair or otherwise prepare the Premises for Tenant's occupancy or to pay for or construct any improvements to the Premises, except for performance of the Tenant Improvements and the Landlord Improvements (as defined below), in each case to be constructed in the Premises, and payment of the Base TI Allowance and, if properly requested by Tenant pursuant to the terms of the Lease, the Additional TI Allowance, and as otherwise expressly provided in this Section 5. Notwithstanding anything to the contrary in this Lease, Landlord shall deliver the Premises to Tenant in broom clean condition with the existing base building mechanical, elevator, fire, safety, heating, ventilating and air conditioning system ("HVAC") and the existing base building electrical, lighting and plumbing systems, in each case serving the Premises (the "Existing Building Systems") in good working condition; provided that, Landlord shall not be responsible for any repairs or replacements to any Building Systems that are otherwise needed as a result of any act or omission of Tenant's agents, employees or contractors (such obligation, "Landlord's Delivery Obligation"). Tenant's taking of possession of the Premises shall, except as otherwise agreed to in writing by Landlord and Tenant, conclusively establish that the Premises, the Building and the Project were at such time in good, sanitary and satisfactory condition and repair and that Landlord's Delivery Obligation was satisfied; provided that, if Landlord fails to satisfy Landlord's Delivery Obligation (a "Delivery Shortfall"), then Tenant may, as its sole and exclusive remedy, deliver notice of such failure to 8 Landlord detailing the nature of such failure (a "Shortfall Notice"); provided, further, that any Shortfall Notice must be received by Landlord no later than the date (the "Shortfall Notice Deadline") that is one hundred twenty (120) days after the Term Commencement Date. In the event that Landlord receives a Shortfall Notice regarding a valid Delivery Shortfall on or before the Shortfall Notice Deadline, Landlord shall, at Landlord's expense (and not as part of any Operating Expenses that may be charged to Tenant under this Lease), promptly remedy the Delivery Shortfall. Notwithstanding anything to the contrary in this Lease, Landlord shall not have any obligations or liabilities in connection with (y) a failure to satisfy Landlord's Delivery Obligation except to the extent such failure is identified by Tenant in a Shortfall Notice delivered to Landlord on or before the Shortfall Notice Deadline and/or (z) any failure of the Existing Building Systems to be in good working condition arising from or in connection with (i) the misuse, misconduct, damage, destruction, negligence and/or any other action or omission of Tenant, Tenant's contractors or subcontractors, or any of their respective employees, agents or invitees, (ii) Tenant's failure to properly repair or maintain the Premises as required by this Lease, (iii) any modifications, Alterations or improvements constructed by or on behalf of Tenant (excluding the initial Tenant Improvements) or (iv) without limiting Landlord's obligations under this Lease, any other event, circumstance or other factor arising or occurring after the Term Commencement Date and, in any such case, no Delivery Shortfall shall be deemed to have occurred as a result thereof.View More
Condition of Premises. Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of the Premises, the Building or the Project, or with respect to the suitability of the Premises, the Building or the Project for the conduct of Tenant's business. Tenant acknowledges that (a) it is fully familiar with the condition of the Premises and agrees to take the same in its condition "as is" as of the Term Commencement Execution Date, subject to Landl...ord's obligations under this Section 5, and (b) Landlord shall have no obligation to alter, repair or otherwise prepare the Premises for Tenant's occupancy or to pay for or construct any improvements to the Premises, except for performance of the Tenant Improvements and the Landlord Improvements (as defined below), in each case with respect to be constructed in the Premises, and payment of the Base TI Allowance and, if properly requested by Tenant pursuant to and the terms of Furniture Allowance. Notwithstanding the Lease, the Additional TI Allowance, and as otherwise expressly provided in this Section 5. Notwithstanding anything to the contrary in this Lease, foregoing, Landlord shall deliver possession of the Premises to Tenant (m) in broom clean condition and (n) with the existing base building mechanical, elevator, fire, safety, heating, ventilating and air conditioning system ("HVAC") and the existing base building electrical, lighting and plumbing systems, in each case serving the Premises (the (collectively, the "Existing Building Systems") in good working condition; provided that, Landlord shall not be responsible for any repairs or replacements to any Building Systems that are otherwise needed as a result of any act or omission of Tenant's agents, employees or contractors (such obligation, "Landlord's order ("Landlord's Delivery Obligation"). Tenant's taking of possession of the Premises shall, except as otherwise agreed to in writing by Landlord and Tenant, conclusively establish that the Premises, the Building and the Project were at such time in good, sanitary and satisfactory condition and repair and that Landlord's Delivery Obligation was satisfied; provided that, if Landlord fails to satisfy Landlord's Delivery Obligation (a "Delivery Shortfall"), then Tenant may, 7 as its sole and exclusive remedy, deliver notice of such failure to 8 Landlord detailing the nature of such failure (a "Shortfall Notice"); provided, further, that any Shortfall Notice must be received by Landlord no later than the date (the "Shortfall Notice Deadline") that is one hundred twenty (120) ninety (90) days after the Term Commencement Execution Date. In the event that Landlord receives a Shortfall Notice regarding a valid Delivery Shortfall on or before the Shortfall Notice Deadline, and provided that, (r) the Delivery Shortfall was not caused by (or did not arise from) (i) the misuse, misconduct, damage, destruction, negligence and/or any other action or omission of Tenant, Tenant's contractors or subcontractors, or any of their respective employees, agents or invitees, (ii) Tenant's failure to properly repair or maintain the Premises as required by this Lease, (iii) any modifications, Alterations or improvements constructed by or on behalf of Tenant (including the Tenant Improvements) or (iv) any other event, circumstance or other factor arising or occurring after the Term Commencement Date and (s) Landlord agrees that the Delivery Shortfall referenced in such Shortfall Notice exists, then Landlord shall, at Landlord's expense (and not as part of any an Operating Expenses that may be charged to Tenant under this Lease), Expense), promptly remedy the Delivery Shortfall. Notwithstanding anything to the contrary in this Lease, Landlord shall not have any obligations or liabilities in connection with (y) a failure to satisfy Landlord's Delivery Obligation Shortfall except to the extent such failure Delivery Shortfall is identified by Tenant in a Shortfall Notice delivered to Landlord on or before the Shortfall Notice Deadline and such Delivery Shortfall gives rise to an obligation of Landlord to remedy such Delivery Shortfall under the immediately preceding sentence and/or (z) any failure of the Existing Building Systems to be in good working condition order arising from or in connection with (i) the misuse, misconduct, damage, destruction, negligence and/or any other action or omission of Tenant, Tenant's contractors or subcontractors, or any of their respective employees, agents or invitees, (ii) Tenant's failure to properly repair or maintain the Premises as required by this Lease, (iii) any modifications, Alterations or improvements constructed by or on behalf of Tenant (excluding (including the initial Tenant Improvements) or (iv) without limiting Landlord's obligations under this Lease, any other event, circumstance or other factor arising or occurring after the Term Commencement Date and, Date, and in any such case, no Delivery Shortfall shall be deemed to have occurred as a result thereof. 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Condition of Premises. Sub-Subtenant agrees to accept the Sublease Premises in an "AS IS" and "WITH ALL FAULTS" condition except that Sub-Sublandlord shall deliver the Sublease Premises to Sub-Subtenant vacant and broom clean with all building systems in good working order, with all damage caused by its moving out repaired and otherwise in full compliance with the provisions of the Sublease and Lease. Without limiting the foregoing, Sub-Subtenant's rights in the Sublease Premises are subject to all local, state and fe...deral laws, regulations and ordinances governing and regulating the use and occupancy of the Sublease Premises and subject to all matters now or hereafter of record. Except as otherwise provided in this Sub-Sublease, Sub-Subtenant acknowledges that neither Sub-Sublandlord nor Sub-Sublandlord's agent has made any representation or warranty as to: (1) the present or future suitability of the Sublease Premises for the conduct of Sub-Subtenant's business; (2) the physical condition of the Sublease Premises; (3) the expenses of operation of the Sublease Premises; (4) the safety of the Sublease Premises; whether for the use of Sub-Subtenant or any other person, including Sub-Subtenant's employees, agents, invitees or customers; (5) the compliance of the Sublease Premises with any applicable laws, regulations or ordinances; or 11 (6) any other matter or thing affecting or related to the Sublease Premises. Sub-Subtenant acknowledges that no rights, easements or licenses are acquired by Sub-Subtenant by implication or otherwise except as expressly set forth herein. Sub-Subtenant will, prior to delivery of possession of the Sublease Premises, inspect the Sublease Premises and become thoroughly acquainted with its condition. Sub-Subtenant acknowledges that the taking of possession of the Sublease Premises by Sub-Subtenant will be conclusive evidence that the. Sublease Premises were in good and satisfactory condition at the time such possession was taken, Sub-Subtenant specifically agrees that, except as specifically provided by laws in force as of the date hereof, Sub-Sublandlord has no duty to make any disclosures concerning the condition of the Building and the Sublease Premises or the appropriateness of the Sublease Premises for Sub-Subtenant's intended use and Sub-Subtenant expressly waives any duty which Sub-Sublandlord might have to make any such disclosures. Sub-Subtenant will comply will all laws and regulations relating to the use or occupancy of the Sublease Premises, including without limitation, the Americans with Disabilities Act of 1990, 42 U.S.C, § 12101 et seq. (the "ADA").View More
Condition of Premises. Sub-Subtenant Subtenant agrees to accept the Sublease Premises in an "AS IS" and "WITH ALL FAULTS" condition except that Sub-Sublandlord Sublandlord shall deliver the Sublease Premises to Sub-Subtenant Subtenant vacant (or as otherwise set forth here in) and broom clean with all building systems in good working order, with all damage caused by its moving out repaired and otherwise in full compliance with the provisions of the Sublease and Lease. Without limiting the foregoing, Sub-Subtenant's Su...btenant's rights in the Sublease Premises are subject to all local, state and federal laws, regulations and ordinances governing and regulating the use and occupancy of the Sublease Premises and subject to all matters now or hereafter of record. Except as otherwise provided in this Sub-Sublease, Sub-Subtenant Sublease, Subtenant acknowledges that neither Sub-Sublandlord Sublandlord nor Sub-Sublandlord's Sublandlord's agent has made any representation or warranty as to: (1) the present or future suitability of the Sublease Premises for the conduct of Sub-Subtenant's Subtenant's business; (2) the physical condition of the Sublease Premises; (3) the expenses of operation of the Sublease Premises; (4) the safety of the Sublease Premises; Premises, whether for the use of Sub-Subtenant Subtenant or any other person, including Sub-Subtenant's Subtenant's employees, agents, invitees or customers; (5) the compliance of the Sublease Premises with any applicable laws, regulations or ordinances; or 11 (6) any other matter or thing affecting or related to the Sublease Premises. Sub-Subtenant Subtenant acknowledges that no rights, easements or licenses are acquired by Sub-Subtenant Subtenant by implication or otherwise except as expressly set forth herein. Sub-Subtenant Subtenant will, prior to delivery of possession of the Sublease Premises, inspect the Sublease Premises and become thoroughly acquainted with its condition. Sub-Subtenant Subtenant acknowledges that the taking of possession of the Sublease Premises by Sub-Subtenant Subtenant will be conclusive evidence that the. the Sublease Premises were in good and satisfactory condition at the time such possession was taken, Sub-Subtenant taken. Subtenant specifically agrees that, except as specifically provided by laws in force as of the date hereof, Sub-Sublandlord Sublandlord has no duty to make any disclosures concerning the condition of the Building and the Sublease Premises or the appropriateness of the Sublease Premises for Sub-Subtenant's Subtenant's intended use and Sub-Subtenant Subtenant expressly waives any duty which Sub-Sublandlord Sublandlord might have to make any such disclosures. Sub-Subtenant Subtenant will comply will all laws and regulations relating to the use or occupancy of the Sublease Premises, including without limitation, the Americans with Disabilities Act of 1990, 42 U.S.C, U.S.C. § 12101 et seq. (the "ADA"). View More
Condition of Premises. Tenant acknowledges that (a) it is in possession of and is fully familiar with the condition of the Premises and, notwithstanding anything contained in the Lease to the contrary, agrees to take the same in its condition "as is" as of the first day of the Extension Term, and (b) Landlord shall have no obligation to alter, repair or otherwise prepare the Premises for Tenant's continued occupancy for the Extension Term or to pay for any improvements to the Premises, except for the Extension Allowan...ce. Notwithstanding the previous, as of the Extension Term, Landlord, at its expense, will perform and bear all the costs of all necessary capital repairs and capital replacements involving the structural components of the base building and parking areas. Any capital costs incurred will be included in Operating Expenses, but only to the extent that (a) each such expenditure is amortized over the useful life thereof based on GAAP or (b) any capital improvement undertaken to effect code compliance as required by laws which are enacted or amended to impose new or additional compliance after the Execution Date shall be amortized over its useful life. 4 7. Broker. Tenant represents and warrants that it has not dealt with any broker or agent in the negotiation for or the obtaining of this Amendment, other than Jones Lang LaSalle ("Broker"), and agrees to reimburse, indemnify, save, defend (at Landlord's option and with counsel reasonably acceptable to Landlord, at Tenant's sole cost and expense) and hold harmless the Landlord Indemnitees for, from and against any and all cost or liability for compensation claimed by any such broker or agent, other than Broker, employed or engaged by it or claiming to have been employed or engaged by it. Broker is entitled to a leasing commission in connection with the making of this Amendment, and Landlord shall pay such commission to Broker pursuant to a separate agreement between Landlord and Broker.View More
Condition of Premises. Tenant acknowledges that (a) it is in possession of and is fully familiar with the condition of the Additional Premises and, notwithstanding anything contained in the Lease to the contrary, agrees to take the same in its condition "as is" as of the first day of the Extension Term, Additional Premises Term Commencement Date, and (b) Landlord shall have no obligation to alter, repair or otherwise prepare the Additional Premises for Tenant's continued occupancy for the Extension Term or to pay for ...any improvements to the Additional Premises, except for as may be expressly provided in the Extension Allowance. Notwithstanding the previous, as of the Extension Term, Landlord, at its expense, will perform and bear all the costs of all necessary capital repairs and capital replacements involving the structural components of the base building and parking areas. Any capital costs incurred will be included in Operating Expenses, but only to the extent that (a) each such expenditure is amortized over the useful life thereof based on GAAP or (b) any capital improvement undertaken to effect code compliance as required by laws which are enacted or amended to impose new or additional compliance after the Execution Date shall be amortized over its useful life. 4 7. Lease. 2 8. Broker. Tenant represents and warrants that it has not dealt with any broker or agent in the negotiation for or the obtaining of this Amendment, other than Jones Lang LaSalle Transwestern RBJ, LLC ("Broker"), and agrees to reimburse, indemnify, save, defend (at Landlord's option and with counsel reasonably acceptable to Landlord, at Tenant's sole cost and expense) and hold harmless the Landlord Indemnitees (as defined in the Lease) for, from and against any and all cost or liability for compensation claimed by any such broker or agent, other than Broker, employed or engaged by it or claiming to have been employed or engaged by it. Broker is entitled to a leasing commission in connection with the making of this Amendment, and Landlord shall pay such commission to Broker pursuant to a separate agreement between Landlord and Broker. View More
Condition of Premises. Tenant acknowledges that (a) it is in possession of and is fully familiar with the condition of the Premises and, notwithstanding anything contained in the Lease to the contrary, agrees to take the same in its condition "as is" as of the first day of the Extension Term, and (b) Landlord shall have no obligation to alter, repair or otherwise prepare the Premises for Tenant's continued occupancy for the Extension Term or to pay for any improvements to the Premises, except with respect to the Exten...sion Term TI Allowance and as may be expressly provided in the Lease.View More
Condition of Premises. Tenant acknowledges that (a) it is in possession of and is fully familiar with the condition of the Premises and, notwithstanding anything contained in the Amended Lease to the contrary, agrees to take the same in its condition "as is" as of the first day of the Extension Term, and (b) Landlord shall have no obligation to alter, repair or otherwise prepare the Premises for Tenant's continued occupancy for the Extension Term or to pay for any improvements to the Premises, except with respect to t...he Extension Term TI Allowance and as may be expressly provided in the Lease. this Amendment. View More
Condition of Premises. Tenant acknowledges that (a) it is in possession of and is fully familiar with the condition of the Premises and, notwithstanding anything contained in the Lease to the contrary, agrees to take the same in its condition "as is" as of the first day of the Extension Term, and (b) Landlord shall have no obligation to alter, repair or otherwise prepare the Premises for Tenant's continued occupancy for the Extension Term or to pay for any improvements to the Premises, except with respect to the Exten...sion Term TI Allowance and (as defined below) or as may be expressly provided in the Lease. View More
