Building Condition. Sublessor shall provide that all mechanical, electrical, HVAC and plumbing systems are in good working order and condition as of the Commencement Date. If such systems are not in good working order, Sublessee must notify Sublessor of any deficiency within ninety (90) days of Sublessor’s delivery of the Premises, and Sublessor shall, at Sublessor’s sole cost and expense and as Sublessee’s sole remedy therefor, either (i) to the extent such systems are Sublessor’s obligation to repair and maintain pursuant to the Master Lease, put such systems in good working order, or (ii) to the extent such systems are Lessor’s obligation to repair and maintain pursuant to the Master Lease, Sublessor shall notify Lessor of the need for any repairs or maintenance. Sublessee will have use of Sublessee’s Pro-Rata Share of all existing infrastructure, including HVAC, water, gas, power, emergency generators and other equipment unique to the Building which has been designed to support the Premises (“Building Systems”); provided that Sublessor’s share of the allocation of Building Systems will be adjusted as required to account for its vivarium. Sublessee, in addition to Operating Expenses and other Rent due hereunder, shall be responsible for Sublessee’s Pro Rata Share of the cost incurred by Sublessor for repair, maintenance and replacement of the Building Systems, including without limitation the deionized water system, but not including any costs related solely to Sublessor’s vivarium, which amounts will be billed to Sublessee by Sublessor directly to the extent Sublessor provides such repair, maintenance or replacement, in which case such amounts shall be payable by Sublessee as Additional Rent within thirty (30) days after its receipt of an invoice therefore. For any repair, maintenance or replacement of Building Systems performed by Lessor, Sublessee will pay Sublessee’s Pro Rata Share of such costs in the same manner as provided under the Master Lease. Sublessee agrees that Sublessor shall not be required to perform any of the covenants, agreements and/or obligations of Lessor under the Master Lease and, insofar as any of the covenants, agreements and obligations of Sublessor hereunder are required to be performed under the Master Lease by Lessor thereunder, Sublessee acknowledges and agrees that Sublessee will look solely to Lessor for such performance. Sublessor shall not be responsible for any failure or interruption, for any reason whatsoever, of the services, utiliti...
Building Condition. Subtenant shall accept the Premises in its “as-is” condition, except that Sublandlord shall deliver the Premises in a broom-clean condition and with HVAC, electrical, plumbing and lighting systems in the condition required pursuant to the Master Lease.
Building Condition. Provided in ‘as is, where is’ condition. The City will not undertake any capital or renewal works during the term, except at its sole discretion;
Building Condition. Except as expressly set forth below and elsewhere within the Lease with respect to repairs which are the obligation of Landlord, Tenant accepts the Premises in its existing condition, with no repairs, construction, conditioning or modification of the Premises being required of Landlord other than those items ("Landlord's Work") described on Exhibit D-1 attached hereto and made part hereof for all purposes. Landlord hereby covenants and agrees to complete Landlord's Work by the respective dates set forth on Exhibit D-1. If a delay in the completion of Landlord's Work beyond the applicable deadline(s) set forth in Exhibit D-1 results in a delay in Tenant's ability to commence its Work, then for each day Landlord delays in completing the Landlord's Work beyond the applicable deadline(s) set forth in Exhibit D-1, the Completion Deadline shall be extended one day. Landlord covenants and agrees that the Landlord's Work shall be completed in a good and workmanlike fashion substantially in accordance with the plans and specifications therefor which are described on Exhibit D-1 attached hereto. Notwithstanding the foregoing, Tenant acknowledges and agrees that the portion of the Landlord's Work with respect to renovation of the main lobby of the Building will not be complete on or prior to October 1, 1999 and that Tenant shall have no remedy as a consequence thereof. Office Lease Agreement - Heritage Park (OGAC, L.P.) - Page 45 EXHIBIT "D-1" LANDLORD'S WORK [Immediately to Follow] EXHIBIT "E"
Building Condition. Subtenant accepts the Subleased Premises "as is", except that Sublandlord shall cause the HVAC, electrical, plumbing and lighting serving the Subleased Premises to be in good working order on the date this Sublease commences.
Building Condition. Landlord, at Landlord’s sole cost, shall deliver the Premises to Tenant with the roof, electrical, lighting, fire sprinkler and plumbing systems serving the Premises (together, the “Systems”) in good working condition as of the Effective Date. Except as provided in this Section 1.1.4 below and Section 1 of Tenant Work Letter attached hereto as Exhibit B, the taking of possession of the Premises by Tenant shall conclusively establish that the Systems, the Premises and the Project were at such time in good and sanitary order, condition and repair; provided, however, if Tenant discovers during Tenant’s completion of the Tenant Improvements or during the first thirty (30) days after the Lease Commencement Date (the “Warranty Period”) that any portion of the Systems do not have a remaining useful life of at least the Lease Term (as reasonably determined by Tenant and independently verified by a third-party contractor selected by Landlord and reasonably approved by Tenant), and provided that Tenant gives Landlord written notice thereof during the Warranty Period, then Landlord shall be responsible for, at no cost to Tenant, replacing such portions of the Systems. Notwithstanding the foregoing, in no event shall Landlord be obligated to replace any portion of the Systems to the extent such need for replacement arises from the acts or omissions of Tenant or Tenant Parties.
Building Condition. RRCA and its agents make no representation or promise with respect to the building or rented premises except as expressly set forth in the AGREEMENT. The utilization of the rented premises by RENTER shall be conclusive evidence that RENTER accepts the premises “as is” and that said premises and or rented spaces were in good and satisfactory condition at the time such possession was so taken.
Building Condition. Sublessor shall, or shall ensure that Lessor shall, provide that the roof, existing HVAC systems, electrical, lighting, fire sprinkler and plumbing systems serving and within the Premises (collectively the “Building Systems”) are in good working condition (ordinary wear and tear excepted), have recently been operated and have been regularly serviced. Sublessee shall have no obligation to maintain or repair any Building Systems unless caused by Sublessee’s or its invitees’ misuse or damage of such Building Systems.
Building Condition. Lessor, at Lessor’s sole cost, shall complete the required repairs to the roof and skylights in Suite A as soon as commercially reasonable and shall provide that the roof, HVAC systems, electrical, lighting, fire sprinkler and plumbing systems serving and within Suite B are in good working order.
Building Condition. Landlord shall deliver the Premises and Tenant shall accept the Premises from Landlord in the condition required by Sections 6.2 and 6.3 of the Second Amendment. Notwithstanding the foregoing or any contrary provision of this Work Letter, to the extent "Code" (as such term is defined in Section 2.2.3 below) compliance changes with respect to the current condition of the 3721 Building serving the Premises are required by a building inspector from the City of San Diego and are not triggered by any non-general office improvements or alterations included in the Improvements (e.g., improvements in excess of those considered to be normal office improvements or alterations typical of an office user) in the Premises requested by Tenant, then Landlord shall cause such Code compliance changes with respect to the current condition of the 3721 Building to be performed, at Landlord's sole cost, concurrently with its performance of the Landlord Work; provided, however, in no event shall any such Code compliance work to be performed at Landlord's sole cost and expense pursuant to the foregoing include Code compliance work pertaining to the Improvements in the Premises.
