Common use of Acceptance of Premises Clause in Contracts

Acceptance of Premises. By taking possession hereunder, Tenant acknowledges that it has examined the Premises and accepts the condition thereof. Tenant acknowledges and agrees that Landlord has no obligation to improve the Premises other than as set forth specifically in this Lease, if at all. In particular, Tenant acknowledges that any additional improvements or alterations needed to accommodate Tenant's intended use shall be made solely at Tenant's sole cost and expense, and strictly in accordance with the requirements of this Lease (including the requirement to obtain Landlord's consent thereto), unless such improvements and alterations are specifically required of Landlord. Landlord shall have no responsibility to do any work required under any building codes or other governmental requirements not in effect or applicable at the time the Premises were constructed, including without limitation any requirements related to sprinkler retrofitting, seismic structural requirements, accommodation of disabled persons, or hazardous materials. Landlord shall be under no obligation to provide utility, telephone or other service or access beyond that which exists at the Premises as of the date of this Lease, unless Landlord specifically agrees in writing to provide the same. If it is anticipated that Tenant will be doing any Alterations or installations prior to taking occupancy, any delays encountered by Tenant in accomplishing such work or obtaining any required permits therefor shall not delay the Commencement Date or the date that Tenant becomes liable to pay rent, or the date that Landlord may effectively deliver possession of the Premises to Tenant. By taking possession hereunder, Tenant acknowledges that it accepts the square footage of the Premises as delivered and as stated in this Lease. No discovery or alleged discovery after such acceptance of any variance in such square footage as set forth in this Lease (or in any proposal, advertisement or other description thereof) shall be grounds for any adjustment in any element of the rent payable hereunder, unless such adjustment is initiated by and implemented by Landlord in writing.

Appears in 3 contracts

Samples: Industrial Gross Lease (Inland Entertainment Corp), Industrial Net Lease (Avanir Pharmaceuticals), Industrial Gross Lease (Sequenom Inc)

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Acceptance of Premises. By taking possession hereunder, Tenant acknowledges that it has examined the Premises and accepts the condition thereof. Tenant acknowledges and agrees that Landlord has no obligation to improve the Premises other than as set forth specifically in this Lease, if at all. In particular, Tenant acknowledges that any additional improvements or alterations needed to accommodate Tenant's ’s intended use shall be made solely at Tenant's ’s sole cost and expense, and strictly in accordance with the requirements of this Lease (including the requirement to obtain Landlord's ’s consent thereto), unless such improvements and alterations are specifically required of Landlord. Landlord shall have no responsibility to do any work required under any building codes or other governmental requirements not in effect or applicable at the time the Premises were constructed, including without limitation any requirements related to sprinkler retrofitting, seismic structural requirements, accommodation of disabled persons, or hazardous materials. Landlord shall be under no obligation to provide utility, telephone or other service or access beyond that which exists at the Premises as of the date of this Lease, unless Landlord specifically agrees in writing to provide the same. If it is anticipated that Tenant will be doing any Alterations alterations or installations prior to taking occupancy, any delays encountered by Tenant in accomplishing such work or obtaining any required permits therefor shall not delay the Commencement Date or the date that Tenant becomes liable to pay rent, or the date that Landlord may effectively deliver possession of the Premises to Tenant. By taking possession hereunder, Tenant acknowledges that it accepts the square footage of the Premises as delivered and as stated in this Lease. No discovery or alleged discovery after such acceptance of any variance in such square footage as set forth in this Lease (or in any proposal, advertisement or other description thereof) shall be grounds for any adjustment in any element of the rent payable hereunder, unless such adjustment is initiated by and implemented by Landlord in writing.

Appears in 2 contracts

Samples: Standard Lease (Sophiris Bio Inc.), Standard Lease (Sophiris Bio Inc.)

Acceptance of Premises. By taking possession hereunder, Tenant acknowledges that it has examined the Premises and accepts the condition thereof. Tenant acknowledges and agrees that Landlord has no obligation to improve the Premises other than as set forth specifically in this Lease, if at all. In particular, Tenant acknowledges that any additional improvements or alterations needed to accommodate Tenant's ’s intended use shall be made solely at Tenant's ’s sole cost and expense, and strictly in accordance with the requirements of this Lease (including the requirement to obtain Landlord's ’s consent thereto), unless such improvements and alterations are specifically required of Landlord. Landlord shall have no responsibility to do any work required under any building codes or other governmental requirements not in effect or applicable at the time the Premises were constructed, including without limitation any requirements related to sprinkler retrofitting, seismic structural requirements, accommodation of disabled persons, or hazardous materials. Landlord shall be under no obligation to provide utility, telephone or other service or access beyond that which exists at the Premises as of the date of this Lease, unless Landlord specifically agrees in writing to provide the same. If it is anticipated that Tenant will be doing any Alterations or installations prior to taking occupancy, any delays encountered by Tenant in accomplishing such work or obtaining any required permits therefor shall not delay the Commencement Date or the date that Tenant becomes liable to pay rent, or the date that Landlord may effectively deliver possession of the Premises to Tenant. By taking possession hereunder, Tenant acknowledges that it accepts the square footage of the Premises as delivered and as stated in this Lease. No discovery or alleged discovery after such acceptance of any variance in such square footage as set forth in this Lease (or in any proposal, advertisement or other description thereof) shall be grounds for any adjustment in any element of the rent payable hereunder, unless such adjustment is initiated by and implemented by Landlord in writing.

Appears in 2 contracts

Samples: Industrial Net Lease (Halozyme Therapeutics Inc), Sublease Agreement (Tenby Pharma Inc)

Acceptance of Premises. By taking possession hereunder, Tenant acknowledges that it has examined the Premises and accepts the condition thereof. Tenant acknowledges and agrees that Landlord has no obligation to improve the Premises other than that, except as set forth specifically expressly provided in this Lease, if at allneither Landlord nor any representative of Landlord has made any representation or warranty with respect to the Premises or the Building or the suitability or fitness of either for any purpose, including, without limitation, any representations or warranties regarding zoning or other land use matters; and that neither Landlord nor any representative of Landlord has made any representations or warranties regarding (i) what other tenants or uses may be permitted or intended in the Building and the Project, or (ii) any exclusivity of use by Tenant with respect to its permitted use of the Premises as set forth in Item 3 of the Basic Lease Provisions. In particular, Tenant further acknowledges that neither Landlord nor any additional representative of Landlord has agreed to undertake any alterations or additions or construct any improvements to the Premises except as expressly provided in this Lease. The taking of possession or alterations needed to accommodate use of the Premises by Tenant for the conduct of Tenant's intended use shall be made solely at Tenant's sole cost and expense, and strictly business therein (but not for construction or early entry for fixturization in accordance with the requirements Work Letter) shall conclusively establish that the Premises and the Building were in satisfactory condition and in conformity with the provisions of this Lease in all respects, except for: (including the requirement i) those matters which Tenant brings to obtain Landlord's consent thereto)attention on a written punch list delivered to Landlord within thirty (30) days after the Term of this Lease commences with respect to the Premises , unless such improvements and alterations are (ii) Landlord's other obligations specifically required provided in this Lease, including, without limitation, the responsibilities contained in Section 2.4 hereof. Nothing contained in this Section shall affect the commencement of Landlordthe Term or the obligation of Tenant to pay rent. Landlord shall have no responsibility to do any work required under any building codes or other governmental requirements not in effect or applicable at the time the Premises were constructed, including without limitation any requirements related to sprinkler retrofitting, seismic structural requirements, accommodation diligently complete all punch list items of disabled persons, or hazardous materials. Landlord shall be under no obligation to provide utility, telephone or other service or access beyond that which exists at the Premises as of the date of this Lease, unless Landlord specifically agrees in writing to provide the same. If it is anticipated that Tenant will be doing any Alterations or installations prior to taking occupancy, any delays encountered by Tenant in accomplishing such work or obtaining any required permits therefor shall not delay the Commencement Date or the date that Tenant becomes liable to pay rent, or the date that Landlord may effectively deliver possession of the Premises to Tenant. By taking possession hereunder, Tenant acknowledges that it accepts the square footage of the Premises notified as delivered and as stated in this Lease. No discovery or alleged discovery after such acceptance of any variance in such square footage as set forth in this Lease (or in any proposal, advertisement or other description thereof) shall be grounds for any adjustment in any element of the rent payable hereunder, unless such adjustment is initiated by and implemented by Landlord in writingprovided above.

Appears in 2 contracts

Samples: Lease (Broadcom Corp), Lease (Broadcom Corp)

Acceptance of Premises. By taking possession hereunder, Tenant acknowledges that it It has examined the Premises and accepts the condition thereof, other than latent defects. Tenant acknowledges and agrees that Landlord has no obligation to improve the Premises other than as set forth specifically in In this Lease, if If at all. In particular, Tenant acknowledges that any additional improvements or alterations needed to accommodate Tenant's ’s intended use shall be made solely at Tenant's ’s sole cost and expense, and strictly in accordance with the requirements of this Lease (including the requirement to obtain Landlord's ’s consent thereto), unless such improvements and alterations are specifically required of Landlord including without limitation Landlord’s installation of the Tenant Improvements. Landlord shall have no responsibility to do any work within the Center required under any building codes or other governmental requirements not in effect or applicable at as of the time the Premises were constructed, including without limitation any requirements related to sprinkler retrofitting, seismic structural requirements, accommodation of disabled persons, or hazardous materials. Landlord shall be under no obligation to provide utility, telephone or other service or access beyond that which exists at the Premises as of the date of this Lease, unless Landlord specifically agrees in writing to provide the same. If it is anticipated that Tenant will be doing any Alterations or installations prior to taking occupancy, any delays encountered by Tenant in accomplishing such work or obtaining any required permits therefor shall not delay the Commencement Date or the date that Tenant becomes liable to pay rent, or the date that Landlord may effectively deliver possession of the Premises to Tenant. By taking possession hereunder, Tenant acknowledges that it accepts the square footage of the Premises as delivered and as stated in this Lease. No discovery or alleged discovery after such acceptance of any variance in such square footage as set forth in this Lease (or in any proposal, advertisement or other description thereof) shall be grounds for any adjustment in any element component of the rent payable hereunder, unless such adjustment is initiated by and implemented hereunder by Landlord in writingor Tenant.

Appears in 2 contracts

Samples: Mabvax Therapeutics Holdings, Inc., Mabvax Therapeutics Holdings, Inc.

Acceptance of Premises. By taking possession hereunder, Tenant acknowledges that it has ix xxx examined the Premises and accepts the condition thereof. Tenant acknowledges and agrees that agxxxx xhat Landlord has no obligation to improve xx xxxxove the Premises other than as set forth specifically in this Lease, if at all. In particular, Tenant acknowledges that any additional improvements or alterations Alterations needed to accommodate Tenant's intended use shall be made shalx xx xade solely at Tenant's sole cost and expense, and strictly in accordance with the requirements of this Lease (including the requirement to obtain Landlord's consent thereto), unless such improvements and alterations are specifically required of Landlord. Landlord shall have no responsibility to do any work required under any building codes or other governmental requirements not in effect or applicable at the time the Premises were constructed, including without limitation any requirements related to sprinkler retrofitting, seismic structural requirements, accommodation of disabled persons, or hazardous materials. Landlord shall be under no obligation to provide utility, telephone or other service or access beyond that which exists at the Premises as of the date of this Lease, unless Landlord specifically agrees in writing agrexx xx xxiting to provide the same. If it is anticipated that Tenant will be doing any Alterations or installations prior to taking occupancy, any delays encountered by Tenant in accomplishing such work or obtaining any required permits therefor shall not delay the Commencement Date or the date that Tenant becomes liable to pay rent, or the date that Landlord may effectively deliver possession of the Premises to Tenant. By taking possession hereunder, Tenant acknowledges that it accepts ix xxxxpts the square footage of the Premises as delivered and as stated in this Lease. No discovery or alleged discovery after such acceptance of any variance in such square footage as set forth in this Lease (or in any proposal, proposal advertisement or other description thereof) shall be grounds for any adjustment in any element of the rent payable hereunder, unless such adjustment is initiated by and implemented by Landlord in writing.

Appears in 1 contract

Samples: Sgi International

Acceptance of Premises. By taking possession hereunder, Tenant acknowledges that it has examined the Premises and accepts the condition thereof. Tenant acknowledges and agrees that Landlord has no obligation to improve the Premises other than as set forth specifically in this Lease, if at all. In particular, Tenant acknowledges that any additional improvements or alterations needed to accommodate Tenant's intended use shall be made solely at Tenant's sole cost and expense, and strictly in accordance with the requirements of this Lease (including the requirement to obtain Landlord's consent thereto), unless such improvements and alterations are specifically required of Landlord. Landlord shall have no responsibility obligation whatsoever to do any work required under any building codes construct leasehold improvements for Tenant or other governmental requirements not to repair or refurbish the Premises, except as specifically set forth in effect this Section 30. Landlord or applicable at Landlord’s agents have made no representations or promises with respect to the time Project, the Building, the Premises were constructedor this Lease except as expressly set forth herein. Subject to completion of minor “punch-list” items, including without limitation any requirements related to sprinkler retrofitting, seismic structural requirements, accommodation the taking of disabled persons, or hazardous materials. Landlord shall be under no obligation to provide utility, telephone or other service or access beyond that which exists at the Premises as of the date of this Lease, unless Landlord specifically agrees in writing to provide the same. If it is anticipated that Tenant will be doing any Alterations or installations prior to taking occupancy, any delays encountered by Tenant in accomplishing such work or obtaining any required permits therefor shall not delay the Commencement Date or the date that Tenant becomes liable to pay rent, or the date that Landlord may effectively deliver possession of the Premises to Tenant. By taking possession hereunder, by Tenant acknowledges shall be conclusive evidence that it Tenant accepts the square footage same “as is” and that the Premises, the Project and the Building are suited for the use intended by Tenant and were in good and satisfactory condition at the time such possession was taken. Nothing contained herein shall be construed as a waiver of claims by Tenant with respect to latent defects affecting the Premises, the Project or the Building. Tenant represents and warrants to Landlord that (a) its sole intended use of the Premises is for general office use which has no special requirements, including but not limited to, special security requirements, (b) it does not intend to use the Premises for any other purpose, and (c) prior to executing this Lease it has made such investigations as delivered it deems appropriate with respect to the suitability of the Premises for its intended use and as stated in this Leasehas determined that the Premises is suitable for such intended use. No discovery or alleged discovery after such Landlord shall use commercially reasonable efforts to cause the appropriate Landlord Parties to complete any remaining “punch-list” items promptly following Tenant’s acceptance of any variance in such square footage as set forth in this Lease (or in any proposal, advertisement or other description thereof) the Premises and Landlord agrees that it shall be grounds for any adjustment in any element withhold from its final payment to R.N. Field under the Construction Contract an appropriate amount of the rent payable hereunderretention thereunder, unless such adjustment is initiated as reasonably determined by and implemented by Landlord in writingLender, until the completion of all “punch-list” items.

Appears in 1 contract

Samples: Belvedere Place (Amarin Corp Plc\uk)

Acceptance of Premises. By taking possession hereunder, Tenant Txxxxx acknowledges that it has examined the Premises and accepts the condition thereof. Tenant Txxxxx acknowledges and agrees that Landlord Lxxxxxxx has no obligation to improve the Premises other than as set forth specifically in this Lease, if at all. In particular, Tenant acknowledges that any additional improvements or alterations needed to accommodate TenantTxxxxx's intended use shall be made solely at Tenant's sole cost and expense, and strictly in accordance with the requirements of this Lease (including the requirement to obtain Landlord's consent thereto), unless such improvements and alterations are specifically required of Landlord. Landlord shall have no responsibility to do any work required under any building codes or other governmental requirements not in effect or applicable at the time the Premises were constructed, including without limitation any requirements related to sprinkler retrofitting, seismic structural requirements, accommodation of disabled persons, or hazardous materials. Landlord shall be under no obligation to provide utility, telephone or other service or access beyond that which exists at the Premises as of the date of this Lease, unless Landlord Lxxxxxxx specifically agrees in writing to provide the same. If it is anticipated that Tenant will be doing any Alterations or installations prior to taking occupancy, any delays encountered by Tenant in accomplishing such work or obtaining any required permits therefor shall not delay the Commencement Date or the date that Tenant becomes liable to pay rent, or the date that Landlord may effectively deliver possession of the Premises to Tenant. By taking possession hereunder, Tenant Txxxxx acknowledges that it accepts the square footage of the Premises as delivered and as stated in this Lease. No discovery or alleged discovery after such acceptance of any variance in such square footage as set forth in this Lease (or in any proposal, advertisement or other description thereof) shall be grounds for any adjustment in any element component of the rent payable hereunder, unless such adjustment is initiated by and implemented by Landlord in writing.Landlord. 12.2

Appears in 1 contract

Samples: Aethlon Medical Inc

Acceptance of Premises. By taking possession hereunder, Tenant acknowledges that it has examined the Premises and accepts the condition thereof. Tenant acknowledges and agrees that Landlord has no obligation to improve the Premises other than as set forth specifically in this Lease, if at all. In particular, Tenant acknowledges that any additional improvements or alterations Alterations needed to accommodate Tenant's intended use shall be made solely at Tenant's sole cost and expense, and strictly in accordance with the requirements of this Lease (including the requirement to obtain Landlord's consent thereto), unless such improvements and alterations are specifically required of Landlord. Landlord shall have no responsibility to do any work required under any building codes or other governmental requirements not in effect or applicable at the time the Premises were constructed, including without limitation any requirements related to sprinkler retrofitting, seismic structural requirements, accommodation of disabled persons, or hazardous materials. Landlord shall be under no obligation to provide utility, telephone or other service or access beyond that which exists at the Premises as of the date of this Lease, unless Landlord specifically agrees in writing to provide the same. If it It is anticipated that Tenant will be doing any Alterations or installations prior to taking occupancy, any delays encountered by Tenant and not caused by Landlord or Landlord's agent or representative in accomplishing such work or obtaining any required permits therefor shall not delay the Commencement Date or the date that Tenant becomes liable to pay rent, or the date that Landlord may effectively deliver possession of the Premises to Tenant. By taking possession hereunder, Tenant acknowledges that it accepts the square footage of the Premises as delivered and as stated in this Lease. No discovery or alleged discovery after such acceptance of any variance in such square footage as set forth in this Lease (or in any proposal, advertisement or other description thereof) shall be grounds for any adjustment in any element of the rent payable hereunder, unless such adjustment is initiated by and implemented by Landlord in writing.

Appears in 1 contract

Samples: Industrial Net Lease (Mitokor)

Acceptance of Premises. By taking possession hereunder, Tenant acknowledges that it has examined the Premises and accepts the condition thereof. Tenant acknowledges and agrees that Landlord has no obligation to improve the Premises other than as set forth specifically in this Lease, if at all. In particular, Tenant acknowledges that any additional improvements or alterations needed to accommodate Tenant's intended use shall be made solely at Tenant's sole cost and expense, and strictly in accordance with the requirements of this Lease (including the requirement to obtain Landlord's consent thereto), unless such improvements and alterations are specifically required of Landlord. Landlord shall have no responsibility to do any work required under any building codes or other governmental requirements not in effect or applicable at the time the Premises were constructed, including without limitation any requirements related to sprinkler retrofitting, seismic structural requirements, accommodation of disabled persons, or hazardous materials. Landlord shall be under no obligation to provide utility, telephone or other service or access beyond that which exists at the Premises as of the date of this Lease, unless Landlord specifically agrees in writing to provide the same. If it is anticipated that Tenant will be doing any Alterations or installations prior to taking occupancy, any delays encountered by Tenant in accomplishing such work or obtaining any required permits therefor shall not delay the Commencement Date or the date that Tenant becomes liable to pay rent, or the date that Landlord may effectively deliver possession of the Premises to Tenant. By taking possession hereunder, Tenant acknowledges that it accepts the square footage of the Premises as delivered and as stated in this Lease. No discovery or alleged discovery after such acceptance of any variance in such square footage as set forth in this Lease (or in any proposal, advertisement or other description thereof) shall be grounds for any adjustment in any element of the rent payable hereunder, unless such adjustment is initiated by and implemented by Landlord in writing. Landlord has provided or will provide Tenant with Landlord’s measurement and calculation of the leased square footage prior to execution of the Lease.

Appears in 1 contract

Samples: Office Lease (NTN Buzztime Inc)

Acceptance of Premises. By taking possession hereunderof the Premises, Tenant shall be deemed to have accepted the Premises as being in good and sanitary order, condition and repair and to have accepted the Premises in their condition existing as of the date Tenant takes possession of the Premises, subject to all applicable laws, covenants, conditions, restrictions, easements and other matters of public record and the reasonable rules and regulations from time to time promulgated by Landlord (and non-discriminatorily applied) governing the use of any portion of the Project. Tenant acknowledges that it has examined neither Landlord nor Landlord's agents have made any representation or warranty as to the suitability of the Premises and accepts for the conduct of Tenant's business, the condition thereofof the Building or Premises, or the use or occupancy which may be made thereof and Tenant has independently investigated and is satisfied that the Premises are suitable for Tenant's intended use and that the Building and Premises meet all governmental requirements for such intended use. Tenant acknowledges and agrees that Landlord has no In addition, except for Landlord's obligation to improve perform the Premises other than ADA Work, Landlord makes no representation or warranty as set forth specifically to the compliance of the Building or the Project with the requirements of the ADA. Notwithstanding anything to the contrary contained in this Lease, if at all. In particular, Tenant acknowledges that any additional improvements or alterations needed to accommodate Tenant's intended use acceptance of the Premises or submission of a "punchlist" shall not be made solely at deemed a waiver of Tenant's sole right to have defects in the improvements constructed by Landlord pursuant to Paragraph 2.2 or the Premises repaired at no cost and expenseto Tenant. Tenant shall give notice to Landlord whenever any such defect becomes reasonably apparent, and strictly in accordance with Landlord shall repair the requirements of this Lease (including the requirement to obtain Landlord's consent thereto), unless such improvements and alterations are specifically required of Landlorddefect as soon as practicable. Landlord shall have no responsibility also hereby assigns to do any work required under any building codes or other governmental requirements not in effect or applicable at Tenant all warranties with respect to the time the Premises were constructedPremises, including without limitation any requirements related warranties that would reduce Tenant's maintenance obligations under this Lease, and shall cooperate with Tenant to sprinkler retrofittingenforce such warranties. Finally, seismic structural requirementsnotwithstanding anything to the contrary contained in this Lease, accommodation of disabled persons, or hazardous materials. Landlord shall be under no obligation to provide utility, telephone or other service or access beyond that which exists at the Premises as of the date of this LeaseCommencement Date, unless Landlord specifically agrees the roof (including roof screens and membrane), plumbing, electrical (including all outlets), heating and air conditioning systems in writing to provide the same. If it is anticipated that Tenant will be doing any Alterations or installations prior to taking occupancy, any delays encountered by Tenant in accomplishing such work or obtaining any required permits therefor shall not delay the Commencement Date or the date that Tenant becomes liable to pay rent, or the date that Landlord may effectively deliver possession of the Premises to Tenant. By taking possession hereunder, Tenant acknowledges that it accepts the square footage of the Premises as delivered and as stated in this Lease. No discovery or alleged discovery after such acceptance of any variance in such square footage as set forth in this Lease (or in any proposal, advertisement or other description thereof) shall be grounds for any adjustment in any element of the rent payable hereunder, unless such adjustment is initiated by good working order and implemented by Landlord in writingrepair.

Appears in 1 contract

Samples: Net Lease Agreement (Laserscope)

Acceptance of Premises. By taking possession hereunder, Tenant acknowledges that it has examined Landlord shall deliver the Premises and accepts the condition thereof. Tenant acknowledges and agrees that Landlord has no obligation to improve existing Building systems serving the Premises other than including the roof in water tight condition, mechanical, electrical, HVAC, sprinkler and plumbing systems (collectively, “Building Systems”) in good working condition and operable. Upon Substantial Completion of the Landlord Work as set forth specifically on the Work Letter attached hereto as Exhibit E, the Premises are accepted by Tenant in this Lease“AS IS” condition and configuration, if at all. In particular, Tenant acknowledges that any additional improvements or alterations needed subject to accommodate Tenant's intended use shall be made solely at Tenant's sole cost and expense, and strictly in accordance with the requirements terms of this Lease (including the requirement to obtain Landlord's consent thereto), unless such improvements Punch List Items) and alterations are specifically required of Landlord. provided Landlord shall have no responsibility to do any work required under any building codes or other governmental requirements not in effect or applicable at the time deliver the Premises were constructedvacant and in good order and in broom clean condition. Tenant agrees that neither Landlord nor Landlord’s agents has made any representations or warranties of any kind, including without limitation any requirements related to sprinkler retrofittingexpress or implied, seismic structural requirementsregarding the Premises, accommodation of disabled personsthe Building, or hazardous materials. Landlord shall be under no obligation to provide utility, telephone or other service or access beyond that which exists at the Premises as of the date of this Lease, unless Landlord specifically agrees in writing to provide the same. If it is anticipated that Tenant will be doing any Alterations or installations prior to taking occupancy, any delays encountered by Tenant in accomplishing such work or obtaining any required permits therefor shall not delay the Commencement Date Property or the date that Tenant becomes liable to pay rentProject, or the date that Landlord may effectively deliver possession of the Premises to Tenant. By taking possession hereunder, Tenant acknowledges that it accepts the square footage of the Premises except as delivered and as stated specifically set forth in this Lease. No discovery Except for the Landlord Work and as otherwise provided herein, Landlord shall not be obligated to make or alleged discovery after pay for any alterations or improvements to the Premises, the Building or the Project. If the Building Systems serving the Premises are not in good working condition during the 12-month period following the Commencement Date, then Landlord shall repair same at its cost, provided that Tenant shall have given written notice thereof to Landlord within said 12-month period setting forth with specificity the nature and extent of such acceptance non-compliance, and further provided that Tenant shall be responsible for the repair and maintenance of any variance in such square footage Building Systems caused or due to the willful or negligent acts of Tenant or any Tenant Parties and/or that arises out of any tenant improvements or alterations made by Tenant. The foregoing shall not be deemed to require Landlord to replace any Building Systems (as set forth in this Lease (or in any proposalopposed to repairing same), advertisement or other description thereof) shall be grounds for any adjustment in any element of except to the rent payable hereunder, unless such adjustment extent replacement is initiated by and implemented necessary as determined by Landlord in writingits commercially reasonable discretion.

Appears in 1 contract

Samples: Lease Agreement (SMART Global Holdings, Inc.)

Acceptance of Premises. By taking possession hereunder, Landlord and Tenant acknowledges hereby agree that it has examined the Premises and accepts the condition thereof. Tenant acknowledges and agrees that Landlord has no obligation to improve the Premises other than Landlord's Work as set forth specifically in this LeaseSection I of Exhibit C shall be constructed by Landlord's contractor, if at all. In particular, Tenant acknowledges that any additional improvements or alterations needed to accommodate Xxxxx Construction Inc. Tenant's intended use acceptance of the Premises shall be made solely at Tenantdeferred until Landlord informs Tenant of the substantial completion of Landlord's sole cost and expenseWork or Tenant occupies the Premises, and strictly whichever occurs first. Substantial completion shall mean the date certified by Landlord's architect when construction is sufficiently complete, in accordance with Section I of Exhibit C. If no Tenant Improvements are to be constructed by Landlord as set forth in Section I of Exhibit C, then Tenant shall accept the requirements Premises in its "as-is" condition upon the Effective Date. Within ten (10) days ("Inspection Period") after the date Landlord informs Tenant of this Lease (including such substantial completion, Tenant shall make such inspection of the requirement Premises as Tenant deems appropriate. Except as otherwise specified by Tenant in writing to obtain Landlord within the Inspection Period, Tenant shall be deemed to have accepted the Premises in its condition and except for latent defects, as of such date of substantial completion. If, as a result of such inspection, Tenant discovers items of Landlord's consent theretoWork of a nature commonly found on a "punch list" (as such term is commonly used in the construction industry), unless which it reasonably believes are not completed in accordance with Section I of Exhibit C, Tenant shall notify Landlord of such improvements and alterations are specifically required items prior to the expiration of Landlordthe Inspection Period. Landlord shall have no responsibility to do any work required under any building codes or other governmental requirements not promptly complete repair of all punch list items identified in effect or applicable at the time the Premises were constructedTenant's notice, including without limitation any requirements related to sprinkler retrofitting, seismic structural requirements, accommodation which it reasonably believes require repair. The existence of disabled persons, or hazardous materials. Landlord shall be under no obligation to provide utility, telephone or other service or access beyond that which exists at the Premises as of the date of this Lease, unless Landlord specifically agrees in writing to provide the same. If it is anticipated that Tenant will be doing any Alterations or installations prior to taking occupancy, any delays encountered by Tenant in accomplishing such work or obtaining any required permits therefor punch list items shall not delay postpone the Commencement Date or the date that obligation of Tenant becomes liable to pay rent, Base Rent or the date that Landlord may effectively deliver possession of the Premises to Tenant. By taking possession hereunder, Tenant acknowledges that it accepts the square footage of the Premises as delivered and as stated in this Lease. No discovery or alleged discovery after such acceptance of any variance in such square footage as set forth in this Lease (or in any proposal, advertisement or other description thereof) shall be grounds for any adjustment in any element of the rent payable hereunder, unless such adjustment is initiated by and implemented by Landlord in writingAdditional Rent.

Appears in 1 contract

Samples: Office Lease Agreement (Dwango North America Corp)

Acceptance of Premises. By taking possession hereunder, Tenant acknowledges that it Tenant has examined the Premises inspected and accepts the condition thereofPremises in their present condition, “AS IS” (WITH ALL FAULTS), and as suitable for the Permitted Use and for Tenant’s intended operations in the Premises. Tenant further acknowledges and agrees that Landlord has no obligation representations as to the condition or repair of the Premises nor promises to alter, remodel or improve the Premises other than have been made by Landlord or any agents of Landlord except as expressly set forth specifically in this Lease. Notwithstanding anything to the contrary set forth herein, if at all. In particularexcept to the extent caused by Tenant or any Tenant Party (as defined in Section 4.2), Tenant acknowledges that any additional improvements or alterations needed to accommodate Tenant's intended use the base Building electrical, heating, ventilation and air conditioning, mechanical and plumbing systems servicing the Premises shall be made solely at Tenant's sole cost in good and expense, and strictly in accordance with the requirements of this Lease (including the requirement to obtain Landlord's consent thereto), unless such improvements and alterations are specifically required of Landlord. Landlord shall have no responsibility to do any work required under any building codes or other governmental requirements not in effect or applicable at the time the Premises were constructed, including without limitation any requirements related to sprinkler retrofitting, seismic structural requirements, accommodation of disabled persons, or hazardous materials. Landlord shall be under no obligation to provide utility, telephone or other service or access beyond that which exists at the Premises working order as of the date of this Lease, unless Landlord specifically agrees in writing to provide the same. If it is anticipated that Tenant will be doing any Alterations or installations prior to taking occupancy, any delays encountered by Tenant in accomplishing such work or obtaining any required permits therefor shall not delay the Commencement Date or the date that Tenant becomes liable to pay rent, or the date that Landlord may effectively deliver delivers possession of the Premises to Tenant. By taking If the foregoing are not in good and working order as provided above, Landlord shall be responsible for repairing or restoring same at its cost and expense promptly, provided that Tenant has delivered written notice thereof to Landlord not later than 60 days following the date Landlord delivers possession hereunder, Tenant acknowledges that it accepts the square footage of the Premises as delivered to Tenant. Notwithstanding the foregoing, Tenant, and as stated in this Lease. No discovery or alleged discovery after such acceptance not Landlord, shall be responsible, at its cost, for any repairs and for the correction of any variance in such square footage as set forth in this Lease (defects that arise out of or in connection with the specific nature of Tenant’s business, the acts or omissions of Tenant or any proposalTenant Party, advertisement any repairs, alterations, additions or other description thereof) shall be grounds for improvements performed by or on behalf of Tenant, including the Initial Alterations described in Exhibit C, and any adjustment in any element design or configuration of the rent payable hereunder, unless Premises created by or for Tenant which specifically results in the need for such adjustment is initiated by and implemented by Landlord in writingrepair to the base Building systems servicing the Premises.

Appears in 1 contract

Samples: Office Lease (Cepheid)

Acceptance of Premises. By taking possession hereunder, Tenant acknowledges that it Tenant has examined fully inspected the Premises and Property. Tenant hereby accepts the Property and the buildings and improvements situated thereon, as suitable for the purpose for which the same are leased, in their present condition thereof. (including all latent or environmental defects or risks), with such changes therein as may be caused by reasonable deterioration between the date hereof and the Commencement Date; provided that Tenant acknowledges shall not be responsible for remedying any such latent or environmental defects or risks unless it becomes necessary to remedy such defects or risks because of alterations, additions or improvements to the Property made by Tenant, and agrees that Landlord has no obligation agrees to improve (a) repair promptly any presently installed plumbing, plumbing fixtures, electrical wiring, lighting fixtures, air conditioning or heating equipment or doors that are not in good working condition on the Premises other than as set forth specifically in this Lease, if at all. In particular, Commencement Date of which Tenant acknowledges that delivers written notice to Landlord within thirty days after the Commencement Date; and (b) make any additional improvements or repairs and alterations needed necessary for Tenant to accommodate obtain a Certificate of Occupancy from the municipality in which the Property is located, except for those repairs and alterations required solely because of the nature of Tenant's intended use shall be made solely at Tenant's sole cost business. Landlord expressly disclaims and expense, Tenant waives any and strictly in accordance with the requirements of this Lease all warranties (including the requirement to obtain warranty of suitability), representations and obligations of Landlord or Landlord's consent thereto), unless such improvements and alterations agents that are specifically required of Landlordnot expressly stated herein. Landlord shall and Tenant acknowledge that Principal Realtor and cooperating Realtor have no expertise in the detection or correction of environmentally hazardous or undesirable items. Expert inspections are necessary. Current or future laws may require clean up by past, current and/or future owners and/or tenants of the Property. It is the responsibility of Landlord and Tenant to do any work required under any building codes or other governmental requirements not in effect or applicable at the time the Premises were constructed, including without limitation any requirements related retain qualified experts to sprinkler retrofitting, seismic structural requirements, accommodation of disabled persons, or hazardous materialsdetect and correct such matters. Landlord and Tenant acknowledge that neither Principal Realtor, nor Cooperating Realtor, have made an independent investigation or determination with respect to the existence of hazardous substances and environmental conditions in, on or about the Property. Any such investigation or determination shall be under no obligation to provide utilitythe responsibility of Landlord and Tenant. The Principal Realtor or Cooperating Realtor shall not be responsible for such an investigation. Landlord and Tenant shall, telephone jointly and severally, defend, indemnify and hold harmless Principal Realtor and Cooperating Realtor from and against all claims, costs, expenses, actions, losses, damages and liabilities of any kind whatsoever (including reasonable attorney's fees) directly or other service or access beyond that which exists at the Premises as indirectly arising out of the date existence of hazardous substances and/or environmental conditions in, on or about the Property. This indemnification shall survive the termination of this Lease, unless Landlord specifically agrees in writing to provide the same. If it is anticipated that Tenant will be doing any Alterations or installations prior to taking occupancy, any delays encountered by Tenant in accomplishing such work or obtaining any required permits therefor shall not delay the Commencement Date or the date that Tenant becomes liable to pay rent, or the date that Landlord may effectively deliver possession of the Premises to Tenant. By taking possession hereunder, Tenant acknowledges that it accepts the square footage of the Premises as delivered and as stated in this Lease. No discovery or alleged discovery after such acceptance of any variance in such square footage as set forth in this Lease (or in any proposal, advertisement or other description thereof) shall be grounds for any adjustment in any element of the rent payable hereunder, unless such adjustment is initiated by and implemented by Landlord in writing.

Appears in 1 contract

Samples: Intellisys Group Inc

Acceptance of Premises. By taking possession hereunder, Tenant acknowledges that it has examined the Premises and accepts the Premises in its current, “as-is” condition. Landlord makes no representations or warranties regarding the condition thereofor state of the Premises upon Tenant taking possession of the space. By taking possession of the Premises, Tenant shall be deemed to have fully accepted the state and condition of the Premises in accordance with this Section. Tenant acknowledges and agrees that there are no agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs, or improvements. Landlord has no obligation to improve the Premises other than as set forth specifically in this Lease, if at all. In particular, Tenant acknowledges that any additional improvements or alterations Alterations needed to accommodate Tenant's ’s intended use shall be made solely at Tenant's ’s sole cost and expense, and strictly in accordance with the requirements of this Lease (including the requirement to obtain Landlord's ’s consent thereto), unless such improvements and alterations are specifically required of Landlord. Landlord shall have no responsibility to do any work required under any building codes or other governmental requirements not in effect or applicable at the time the Premises were constructed, including without limitation any requirements related to sprinkler retrofitting, seismic structural requirements, accommodation of disabled persons, or hazardous materials. Landlord shall be under no obligation to provide utility, telephone or other service or access beyond that which exists at the Premises as of the date of this Lease, unless Landlord specifically agrees in writing to provide the same. If it is anticipated that Tenant will be doing any Alterations or installations prior to taking occupancy, any delays encountered by Tenant in accomplishing such work or obtaining any required permits therefor therefore shall not delay the Commencement Date or the date that Tenant becomes liable to pay rent, or the date that Landlord may effectively deliver possession of the Premises to Tenant. By taking possession hereunder, Tenant acknowledges that it accepts the square footage of the Premises as delivered and as stated in this Lease. , No discovery or alleged discovery after such acceptance of any variance in such square footage as set forth in this Lease (or in any proposal, advertisement or other description thereof) shall be grounds for any adjustment in any element of the rent payable hereunder, unless such adjustment is initiated by and implemented by Landlord in writing.

Appears in 1 contract

Samples: Industrial Lease (Brooks Automation Inc)

Acceptance of Premises. By taking possession hereunderTenant has inspected the premises, Tenant acknowledges that it has examined the Premises and accepts the condition thereof. Tenant acknowledges and agrees that Landlord has no obligation to improve the Premises other than as set forth specifically in this Lease, if at all. In particular, Tenant acknowledges that any additional improvements or alterations needed to accommodate Tenant's intended use shall be made solely at Tenant's sole cost and expensefurnishings, and strictly equipment and has found them to be satisfactory. All plumbing, heating and electrical systems are operative and deemed satisfactory. Care, Cleaning and Maintenance: Tenants agree to: (1) keep the premises and furniture, clean and sanitary and in accordance with good repair, and upon termination of the requirements tenancy, to return the premises to Landlord in a condition identical to that which existed when Tenant took occupancy, except for ordinary wear and tear; (2) immediately notify Landlord of this Lease any defects or dangerous conditions in and about the premises of which they become aware; and (including 3) reimburse Landlord, on demand by Landlord, for the requirement cost of any repairs to obtain the premises or furniture damaged by Tenant or their guests or invitees through misuse or neglect. This includes misuse that can lead to plumbing issues, broken or damaged furniture or windows. Landlord's consent thereto)’s Access for inspection and Emergency: Landlord (i.e. the property owner/manager or _____________________ {Landlord’s name} staff) may enter the premises in the event of an emergency, unless such improvements and alterations are specifically required of Landlordto make repairs or improvements. Landlord shall have no responsibility give Tenants reasonable notice of intent to do enter. Tenant’s non-compliance with the Landlord’s lawful request for entry is material breach of this Agreement that may be cause for immediate termination as provided herein and by the law. Prohibition of Assignment and Subletting: Tenants shall not sublet any work required under any building codes or other governmental requirements not in effect or applicable at the time the Premises were constructed, including without limitation any requirements related to sprinkler retrofitting, seismic structural requirements, accommodation of disabled persons, or hazardous materials. Landlord shall be under no obligation to provide utility, telephone or other service or access beyond that which exists at the Premises as portion of the date of premises or assign this Lease, unless Landlord specifically agrees in writing to provide Agreement without the same. If it is anticipated that Tenant will be doing any Alterations or installations prior to taking occupancy, any delays encountered by Tenant in accomplishing such work or obtaining any required permits therefor shall not delay the Commencement Date or the date that Tenant becomes liable to pay rent, or the date that Landlord may effectively deliver possession written consent of the Premises Landlord. Tenant agrees to Tenantuse the said premises solely for the purposes listed in section 3. By taking possession hereunderTenant agrees to make no unlawful, Tenant acknowledges that it accepts the square footage improper or offensive use of the Premises as delivered and as stated in this Lease. No discovery or alleged discovery after such acceptance of any variance in such square footage as set forth in this Lease (or in any proposal, advertisement or other description thereof) shall be grounds for any adjustment in any element of the rent payable hereunder, unless such adjustment is initiated by and implemented by Landlord in writingpremises.

Appears in 1 contract

Samples: Agreement of Lease

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Acceptance of Premises. By taking possession hereunder, Tenant Xxxxxx acknowledges that it has examined the Premises and accepts the condition thereof. Tenant Xxxxxx acknowledges and agrees that Landlord has no obligation to improve the Premises other than as set forth specifically in this Lease, if at all. In particular, Tenant acknowledges that any additional improvements or alterations needed to accommodate Tenant's ’s intended use shall be made solely at Tenant's ’s sole cost and expense, and strictly in accordance with the requirements of this Lease (including the requirement to obtain Landlord's ’s consent thereto), unless such improvements and alterations are specifically required of Landlord. Except to the extent set forth in Section 11.2 hereof, Landlord shall have no responsibility to do any work required under any building codes or other governmental requirements not in effect or applicable at the time the Premises were constructed, including without limitation any requirements related to sprinkler retrofitting, seismic structural requirements, accommodation of disabled persons, or hazardous materials. Landlord shall be under no obligation to provide utility, telephone or other service or access beyond that which exists at the Premises as of the date of this Lease, unless Landlord Xxxxxxxx specifically agrees in writing to provide the same. If it is anticipated that Tenant will be doing any Alterations or installations prior to taking occupancy, any delays encountered by Tenant in accomplishing such work or obtaining any required permits therefor shall not delay the Commencement Date or the date that Tenant becomes liable to pay rent, or the date that Landlord may effectively deliver possession of the Premises to Tenant. By taking possession hereunder, Tenant Xxxxxx acknowledges that it accepts the square footage of the Premises as delivered and as stated in this Lease. No discovery or alleged discovery after such acceptance of any variance in such square footage as set forth in this Lease (or in any proposal, advertisement or other description thereof) shall be grounds for any adjustment in any element component of the rent payable hereunder, unless such adjustment is initiated by and implemented by Landlord in writingLandlord.

Appears in 1 contract

Samples: CardioVascular BioTherapeutics, Inc.

Acceptance of Premises. By taking possession hereunder, Tenant acknowledges that it has examined the Premises and accepts the condition thereof. Tenant acknowledges and agrees that Landlord has no obligation to improve the Premises other than as set forth specifically in this Lease, if at all. In particular, Tenant acknowledges that any additional improvements or alterations needed to accommodate Tenant's ’s intended use shall be made solely at Tenant's ’s sole cost and expense, and strictly in accordance with the requirements of this Lease (including the requirement to obtain Landlord's ’s consent thereto), unless such improvements and alterations are specifically required of Landlord. Landlord shall have no responsibility to do any work required under any building codes or other governmental requirements not in effect or applicable at the time the Premises were constructed, including without limitation any requirements related to sprinkler retrofitting, seismic structural requirements, accommodation of disabled persons, or hazardous materials. Landlord shall be under no obligation to provide utility, telephone or other service or access beyond that which exists at the Premises as of the date of this Lease, unless Landlord specifically agrees in writing to provide the same. If it is anticipated that Tenant will be doing any Alterations or installations prior to taking occupancy, any delays encountered by Tenant in accomplishing such work or obtaining any required permits therefor shall not delay the Commencement Date or the date that Tenant becomes liable to pay rent, or the date that Landlord may effectively deliver possession of the Premises to Tenant. By taking possession hereunder, Tenant acknowledges that it accepts the square footage of the Premises as delivered and as stated in this Lease. No discovery or alleged discovery after such acceptance of any variance in such square footage as set forth in this Lease (or in any proposal, advertisement or other description thereof) shall be grounds for any adjustment in any element of the rent payable hereunder, unless such adjustment is initiated by and implemented by Landlord in writing. Landlord has provided or will provide Tenant with Landlord’s measurement and calculation of the leased square footage prior to execution of the Lease.

Appears in 1 contract

Samples: Office Lease (Evoke Pharma Inc)

Acceptance of Premises. By taking possession hereunder, Tenant Xxxxxx acknowledges that it has examined the Premises and accepts the condition thereof. Tenant Xxxxxx acknowledges and agrees that Landlord Xxxxxxxx has no obligation to improve the Premises other than as set forth specifically in this Lease, if at all. In particular, Tenant acknowledges that any additional improvements or alterations needed to accommodate TenantXxxxxx's intended use shall be made solely at Tenant's sole cost and expense, and strictly in accordance with the requirements of this Lease (including the requirement to obtain Landlord's consent thereto), unless such improvements and alterations are specifically required of Landlord. Landlord shall have no responsibility to do any work required under any building codes or other governmental requirements not in effect or applicable at the time the Premises were constructed, including without limitation any requirements related to sprinkler retrofitting, seismic structural requirements, accommodation of disabled persons, or hazardous materials. Landlord shall be under no obligation to provide utility, telephone or other service or access beyond that which exists at the Premises as of the date of this Lease, unless Landlord Xxxxxxxx specifically agrees in writing to provide the same. If it is anticipated that Tenant will be doing any Alterations or installations prior to taking occupancy, any delays encountered by Tenant in accomplishing such work or obtaining any required permits therefor shall not delay the Commencement Date or the date that Tenant becomes liable to pay rent, or the date that Landlord may effectively deliver possession of the Premises to Tenant. By taking possession hereunder, Tenant Xxxxxx acknowledges that it accepts the square footage of the Premises as delivered and as stated in this Lease. No discovery or alleged discovery after such acceptance of any variance in such square footage as set forth in this Lease (or in any proposal, advertisement or other description thereof) shall be grounds for any adjustment in any element of the rent payable hereunder, unless such adjustment is initiated by and implemented by Landlord in writing.

Appears in 1 contract

Samples: Industrial Gross Lease (Scripps Financial Corp)

Acceptance of Premises. By taking possession hereunder, Tenant acknowledges that it has examined the Premises and accepts the condition thereof. Tenant acknowledges and agrees that Landlord has no obligation to improve the Premises other than as set forth specifically in this Lease, if at all. In particular, Tenant acknowledges that any additional improvements or alterations needed to accommodate Tenant's intended use shall be made solely at Tenant's sole cost and expense, and strictly in accordance with the requirements of this Lease (including the requirement to obtain Landlord's consent thereto), unless such improvements and alterations are specifically required of Landlord. Except for installing fire sprinklers in the Premises in accordance with the Construction Addendum, and except for the construction of improvements to the exterior access, parking lots and other exterior portions of the Premises that are required for the accommodation of disabled persons (and not related to changes in the path of travel necessitated by Tenant's Alterations), Landlord shall have no responsibility to do any work required under any building codes or other governmental requirements not in effect or applicable at the time the Premises were constructed, including without limitation any requirements related to future sprinkler retrofitting, seismic structural requirements, accommodation of disabled persons, or hazardous materials. Landlord shall be under no obligation to provide utility, telephone or other service or access beyond that which exists at the Premises as of the date of this Lease, unless Landlord specifically agrees in writing to provide the same. If it is anticipated that Tenant will be doing any Alterations or installations prior to taking occupancy, any delays encountered by Tenant in accomplishing such work or obtaining any required permits therefor shall not delay the Commencement Date or the date that Tenant becomes liable to pay rent, or the date that Landlord may effectively deliver possession of the Premises to Tenant. By taking possession hereunder, Tenant acknowledges that it accepts the square footage of the Premises as delivered and as stated in this Lease. No discovery or alleged discovery after such acceptance of any variance in such square footage as set forth in this Lease (or in any proposal, advertisement or other description thereof) shall be grounds for any adjustment in any element component of the rent payable hereunder, unless such adjustment is initiated by and implemented by Landlord in writingLandlord.

Appears in 1 contract

Samples: Jmar Technologies Inc

Acceptance of Premises. By taking possession hereunder, Tenant acknowledges that it has examined the Premises and accepts the condition thereof. Tenant acknowledges and agrees that Landlord has no obligation to improve the Premises other than as set forth specifically in this Lease, if at all. In particular, Tenant acknowledges that any additional improvements or alterations Alterations needed to accommodate Tenant's intended use shall be made solely at Tenant's sole cost and expense, and strictly in accordance with the requirements of this Lease (including the requirement to obtain Landlord's consent thereto), unless such improvements and alterations are specifically required of Landlord. Landlord shall have no responsibility to do any work required under any building codes or other governmental requirements not in effect or applicable at the time the Premises were constructed, including without limitation any requirements related to sprinkler retrofitting, seismic structural requirements, accommodation of disabled persons, or hazardous materials. Landlord shall be under no obligation to provide utility, telephone or other service or access beyond that which exists at the Premises as of the date of this Lease, unless Landlord specifically agrees in writing to provide the same. If it is anticipated that Tenant will be doing any Alterations or installations prior to taking occupancy, any delays encountered by Tenant in accomplishing such work or obtaining any required permits therefor shall not delay the Commencement Date or the date that Tenant becomes liable to pay rent, or the date that Landlord may effectively deliver possession of the Premises to Tenant. By taking possession hereunder, Tenant acknowledges that it accepts the square footage of the Premises as delivered and as stated in this Lease. No discovery or alleged discovery after such acceptance of any variance in such square footage as set forth in this Lease (or in any proposal, advertisement or other description thereof) shall be grounds for any adjustment in any element of the rent payable hereunder, unless such adjustment is initiated by and implemented by Landlord in writing.

Appears in 1 contract

Samples: Industrial Net Lease (Avanir Pharmaceuticals)

Acceptance of Premises. By taking possession hereunder, Tenant acknowledges that it has examined the Premises and accepts the condition thereof. Tenant acknowledges and agrees that Landlord has no obligation to improve the Premises other than as set forth specifically in this Lease, if at all. In particular, Tenant acknowledges that any additional improvements or alterations needed to accommodate Tenant's ’s intended use shall be made solely at Tenant's ’s sole cost and expense, and strictly in accordance with the requirements of this Lease (including the requirement to obtain Landlord's ’s consent thereto), unless such improvements and alterations are specifically required of Landlord. In the event that Tenant pursues modification to the Premises that requires a Permit to be issued, Landlord shall have no responsibility to do any work required under any building codes or other governmental requirements not in effect or applicable at the time the Premises were constructed, including without limitation any requirements related to sprinkler retrofitting, seismic structural requirements, accommodation of disabled persons, or hazardous materials. Landlord shall be under no obligation to provide utility, telephone or other service or access beyond that which exists at the Premises as of the date of this Lease, unless Landlord specifically agrees in writing to provide the same. If it is anticipated that Tenant will be doing any Alterations or installations prior to taking occupancy, any delays encountered by Tenant in accomplishing such work or obtaining any required permits therefor shall not delay the Commencement Date or the date that Tenant becomes liable to pay rent, or the date that Landlord may effectively deliver possession of the Premises to Tenant. By taking possession hereunder, Tenant acknowledges that it accepts the square footage of the Premises as delivered and as stated in this Lease. No discovery or alleged discovery after such acceptance of any variance in such square footage as set forth in this Lease (or in any proposal, advertisement or other description thereof) shall be grounds for any adjustment in any element component of the rent payable hereunder, unless such adjustment is initiated by and implemented by Landlord in writingLandlord.

Appears in 1 contract

Samples: Lease (Locust Walk Acquisition Corp.)

Acceptance of Premises. By taking possession hereunder“AS-IS”. Other than Sublandlord’s obligation to deliver the FF&E and make the repairs (if any) described in the last sentence of this Section 9, Tenant acknowledges that it has examined the Premises shall be delivered to Subtenant in “AS-IS” and accepts the “WITH ALL FAULTS” condition thereofwithout any representations and warranties with respect thereto by Sublandlord, its agents, officers, directors, employees, consultants or attorneys. Tenant Subtenant acknowledges and agrees that Landlord Sublandlord and its agents, officers, directors, employees, consultants and attorneys have made no representations, warranties or promises of any nature whatsoever with respect to the Premises or any improvements located therein except as expressly set forth in this Sublease. The taking of possession of any Premises Component by Subtenant shall be conclusive evidence that Subtenant accepts the same “AS-IS” and “WITH ALL FAULTS” and that the Premises are suited for the use intended by Subtenant and are in good and satisfactory condition at the time such possession was taken. Subtenant represents and warrants to Sublandlord that (i) its sole intended use of the Premises is for general office use and related uses to the extent permitted in accordance with the Master Lease (the “Permitted Use”) and (ii) prior to executing this Sublease it has made such investigations as it deems appropriate with respect to the suitability of the Premises for its intended use and has determined that the Premises are suitable for such intended use. Sublandlord shall have no obligation whatsoever to improve construct any improvements for Subtenant or to repair or refurbish the Premises other than as set forth specifically in this Leaseany repairs necessary to repair any material damage caused by Sublandlord’s vacation of any Premises Component other than ordinary wear and tear. Prior to the actual delivery of any Premises Component, if at all. In particular, Tenant acknowledges that any additional improvements or alterations needed to accommodate Tenant's intended use shall be made solely at Tenant's sole cost and expense, and strictly in accordance with the requirements within thirty (30) days following Sublandlord’s receipt of this Lease (including the requirement to obtain Landlord's consent thereto), unless such improvements and alterations are specifically required of Landlord. Landlord shall have no responsibility a written request by Subtenant to do so, Sublandlord and Subtenant shall conduct a joint walk-through of such Premises Component to determine if Sublandlord is required to perform any work required under any building codes or other governmental requirements not in effect or applicable at the time the Premises were constructed, including without limitation any requirements related to sprinkler retrofitting, seismic structural requirements, accommodation of disabled persons, or hazardous materials. Landlord shall be under no obligation to provide utility, telephone or other service or access beyond that which exists at the Premises as of the date of this Lease, unless Landlord specifically agrees in writing to provide the same. If it is anticipated that Tenant will be doing any Alterations or installations repairs prior to taking occupancy, any delays encountered by Tenant in accomplishing delivering such work or obtaining any required permits therefor shall not delay the Commencement Date or the date that Tenant becomes liable Premises Component to pay rent, or the date that Landlord may effectively deliver possession of the Premises to Tenant. By taking possession hereunder, Tenant acknowledges that it accepts the square footage of the Premises as delivered and as stated in this Lease. No discovery or alleged discovery after such acceptance of any variance in such square footage as set forth in this Lease (or in any proposal, advertisement or other description thereof) shall be grounds for any adjustment in any element of the rent payable hereunder, unless such adjustment is initiated by and implemented by Landlord in writingSubtenant.

Appears in 1 contract

Samples: Service Agreement (Twilio Inc)

Acceptance of Premises. By taking possession hereunderExcept as expressly set forth in this Lease, Tenant acknowledges that it neither Landlord nor any representative of Landlord has examined made any representation or warranty with respect to the Premises and accepts or the condition thereof. Tenant acknowledges and agrees that Landlord has no obligation to improve Building or the Premises other than as set forth specifically in this Lease, if at all. In particular, Tenant acknowledges that suitability or fitness of either for any additional improvements or alterations needed to accommodate Tenant's intended use shall be made solely at Tenant's sole cost and expense, and strictly in accordance with the requirements of this Lease (including the requirement to obtain Landlord's consent thereto), unless such improvements and alterations are specifically required of Landlord. Landlord shall have no responsibility to do any work required under any building codes or other governmental requirements not in effect or applicable at the time the Premises were constructedpurpose, including without limitation any requirements related to sprinkler retrofittingrepresentations or warranties regarding zoning or other land use matters, seismic structural requirements, accommodation and that neither Landlord nor any representative of disabled personsLandlord has made any representations or warranties regarding (i) what other tenants or uses may be permitted or intended in the Building and the Project, or hazardous materials. Landlord shall be under no obligation to provide utility, telephone or other service or access beyond that which exists at the Premises as (ii) any exclusivity of the date of this Lease, unless Landlord specifically agrees in writing to provide the same. If it is anticipated that Tenant will be doing any Alterations or installations prior to taking occupancy, any delays encountered use by Tenant in accomplishing such work or obtaining any required permits therefor shall not delay the Commencement Date or the date that Tenant becomes liable with respect to pay rent, or the date that Landlord may effectively deliver possession of the Premises to Tenant. By taking possession hereunder, Tenant acknowledges that it accepts the square footage its permitted use of the Premises as delivered and set forth in Item 3 of the Basic Lease Provisions. Tenant further acknowledges that neither Landlord nor any representative of Landlord has agreed to undertake any alterations or additions or construct any improvements to the Premises except as stated expressly provided in this Lease. No discovery The taking of possession or alleged discovery use of the Premises by Tenant for any purpose other than construction shall conclusively establish that the Premises and the Building were in satisfactory condition and in conformity with the provisions of this Lease in all respects, except for latent defects in the construction of the Building and the Premises (as distinguished from wear and tear of building components requiring replacement thereof) and those matters which Tenant shall have brought to Landlord's attention on a written punch list. The list shall be limited to any items required to be accomplished by Landlord under the Work Letter attached as EXHIBIT X, and shall be delivered to Landlord within thirty (30) days after such acceptance the term ("Term") of any variance this Lease commences as provided in such square footage as set forth Article III below. Nothing contained in this Lease (or in any proposal, advertisement or other description thereof) Section shall be grounds for any adjustment in any element affect the commencement of the rent payable hereunder, unless such adjustment Term or the obligation of Tenant to pay rent. Landlord shall diligently complete all punch list items of which it is initiated by and implemented by Landlord in writingnotified as provided above.

Appears in 1 contract

Samples: Industrial Lease (Scoop Inc/De)

Acceptance of Premises. By taking possession hereunder, Tenant acknowledges that it has examined the Premises and accepts the condition thereof. Tenant acknowledges and agrees that Landlord has no obligation to improve the Premises other than as set forth specifically in this Lease, if at all. In particular, Tenant acknowledges that any additional improvements or alterations Alterations needed to accommodate Tenant's intended use shall be made solely at Tenant's sole cost and expense, and strictly in accordance with the requirements of this Lease (including the requirement to obtain Landlord's consent thereto), unless such improvements and alterations are specifically required of Landlord. Landlord shall have no responsibility to do any work required under any building codes or other governmental requirements not in effect or applicable at the time the Premises were constructed, including without limitation any requirements related to sprinkler retrofitting, seismic structural requirements, accommodation of disabled persons, or hazardous materials. Landlord shall be under no obligation to provide utility, telephone or other service or access beyond that which exists at the Premises as of the date of this Lease, unless Landlord specifically agrees in writing to provide the same. If it is anticipated that Tenant will be doing any Alterations or installations prior to taking occupancy, any delays encountered by Tenant and not caused by Landlord or Landlord's agent or representative in accomplishing such work or obtaining any required permits therefor shall not delay the Commencement Date or the date that Tenant becomes liable to pay rent, or the date that Landlord may effectively deliver possession of the Premises to Tenant. By taking possession hereunder, Tenant acknowledges that it accepts the square footage of the Premises as delivered and as stated in this Lease. No discovery or alleged discovery after such acceptance of any variance in such square footage as set forth in this Lease (or in any proposal, advertisement or other description thereof) shall be grounds for any adjustment in any element of the rent payable hereunder, unless such adjustment is initiated by and implemented by Landlord in writing.

Appears in 1 contract

Samples: Industrial Net Lease (Mitokor)

Acceptance of Premises. By taking possession hereunder, Tenant acknowledges that it has examined the Premises and accepts the condition thereof, subject to the provisions of Section 25.8 below. Tenant acknowledges and agrees that that, subject to the provisions of Section 25.8 below, Landlord has no obligation to improve the Premises other than as set forth specifically in this Lease, if at all. In particular, Tenant acknowledges that any additional improvements or alterations needed to accommodate Tenant's intended use shall be made solely at Tenant's sole cost and expense, and strictly in accordance with the requirements of this Lease (including the requirement to obtain Landlord's consent thereto), unless such improvements and alterations are specifically required of Landlord. Landlord shall have no responsibility to do any work required under any building codes or other governmental requirements not in effect or applicable at the time the Premises were constructed, including without limitation any requirements related to sprinkler retrofitting, seismic structural requirements, accommodation of disabled persons, or hazardous materials. Notwithstanding anything to the contrary contained herein, Landlord hereby represents that it shall deliver the Premises and the Center to Tenant, in good condition and repair with all building systems in good working order. Landlord shall be under no obligation to provide utility, telephone or other service or access beyond that which exists at the Premises as of the date of this Lease, unless Landlord specifically agrees in writing to provide the same. If it is anticipated that Tenant will be doing any Alterations or installations prior to taking occupancy, any delays encountered by Tenant in accomplishing such work or obtaining any required permits therefor shall not delay the Commencement Date or the date that Tenant becomes liable to pay rent, or the date that Landlord may effectively deliver possession of the Premises to Tenant. By taking possession hereunder, Tenant acknowledges that it accepts the square footage of the Premises as delivered and as stated in this Lease. No discovery or alleged discovery after such acceptance of any variance in such square footage as set forth in this Lease (or in any proposal, advertisement or other description thereof) shall be grounds for any adjustment in any element component of the rent payable hereunder, unless such adjustment is initiated by and implemented by Landlord in writing.

Appears in 1 contract

Samples: Genetronics Biomedical Corp

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