Condition and Delivery of Premises. Tenant agrees that Tenant (or an affiliate thereof) is the former owner of the Premises; as a result, Tenant is familiar with the condition of the Premises, and Tenant hereby accepts the foregoing on a strictly “AS-IS,” “WHERE-IS” basis. Tenant acknowledges that neither Landlord nor Agent, nor any representative of Landlord, has made any representation as to the condition of the foregoing or the suitability of the foregoing for Tenant’s intended use. Tenant represents and warrants that Tenant has made its own inspection of the foregoing. At no time during the Term shall either Landlord or Agent be obligated to make any repairs, replacements or improvements (whether structural or otherwise) of any kind or nature to the foregoing in connection with, or in consideration of, this Lease, except to the extent any such repair, replacement or improvement shall be necessitated as the direct result of any gross negligence or willful misconduct of Landlord or Agent or any Indemnitee. Tenant hereby waives all rights under the provisions of Sections 1941 and 1942 of the California Civil Code to (i) cause the Landlord to make any replacements or repairs or take other actions in relation to the Premises, (ii) make replacements or repairs or take other actions at Landlord’s expense, or (iii) vacate the Premises.
Condition and Delivery of Premises. Tenant agrees that Tenant (or an affiliate thereof) is the former owner of the Premises; as a result, Tenant is familiar with the condition of the Premises, and Tenant hereby accepts the foregoing on a strictly “AS-IS,” “WHERE-IS” basis. Tenant acknowledges that neither Landlord nor Agent, nor any representative of Landlord, has made any representation as to the condition of the foregoing or the suitability of the foregoing for Tenant’s intended use. Tenant represents and warrants that Tenant has made its own inspection of the foregoing. At no time during the Term shall either Landlord or Agent be obligated to make any repairs, replacements or improvements (whether structural or otherwise) of any kind or nature to the foregoing in connection with, or in consideration of, this Lease, except to the extent any such repair, replacement or improvement shall be necessitated as the direct result of any gross negligence or willful misconduct of Landlord or Agent or any Indemnitee.
Condition and Delivery of Premises. Tenant agrees that Tenant (or an affiliate thereof) is the former owner of the Premises; as a result, Tenant is familiar with the condition of the Premises, and Tenant hereby accepts the foregoing on an “AS-IS,” “WHERE-IS” basis. Tenant acknowledges that neither Landlord nor Agent, nor any representative of Landlord, has made any representation as to the condition of the foregoing or the suitability of the foregoing for Tenant’s intended use. Tenant represents and warrants that Tenant has made its own inspection of the foregoing. Neither Landlord nor Agent shall be obligated to make any repairs, replacements or improvements (whether structural or otherwise) of any kind or nature to the foregoing in connection with, or in consideration of, this Lease.
Condition and Delivery of Premises. The Premises are leased to Tenant in their existing "as is" condition without warranty or representations, except as otherwise specifically set forth in this Lease and except further that the Premises shall be vacant and in broom clean condition with all existing building systems, structure, exterior parking areas and walkways in good working order. Landlord shall deliver access to the Premises to Tenant no later than June 14, 1999, in order to support Tenant's ability to install its initial Tenant improvements prior to the Commencement Date, as more particularly set forth in Section 1.1 hereof. If the Premises are not available for Tenant's access for Tenant's fixturing and improvements pursuant to Section 4.2 in the condition required by this Section 3.1 by June 14, 1999, to support Tenant's construction of its initial improvements to the Premises (as described in Section 4.2 hereof) prior to the Commencement Date set forth in Section 1.1, then notwithstanding the Commencement Date, rent shall be abated on a day-for-day basis for the initial portion of the Term equal to such period of Landlord's delay. If access for Tenant's fixturing and improvements pursuant to Section 4.2 in such condition is not delivered to Tenant by December 14, 1999, Tenant shall have the right to terminate this Lease and Landlord shall return any payments made by Tenant to Landlord. In addition, if the cause for such delays results solely from Landlord's gross negligence or willful misconduct, Landlord shall be liable for any holdover rent incurred by Tenant arising from its inability to vacate its existing premises due to such unavailability. Notwithstanding the foregoing, to the extent MFS's obligations under the MFS Lease, Landlord shall use its best efforts to cause MFS to correct any existing building code violations on record with the City of Waltham as of the date of this Lease relating to the 15,250 square feet in the Building occupied by MFS, otherwise Landlord shall correct such building code violations, which code violations either prevent Tenant from completing Tenant Improvements or occupying the Premises.
Condition and Delivery of Premises. Tenant hereby covenants and agrees that Tenant is familiar with the condition of the Property and the Premises and that Tenant is accepting the Premises on an “AS-IS,” “WHERE-IS” basis, and that Landlord is making absolutely no repairs, replacements or improvements of any kind or nature to the Premises or the Property in connection with, or in consideration of, this Lease, except for Landlord Work”, as set forth on Exhibit B-1. Landlord agrees to enforce, upon Tenant’s request, all manufacturer’s or contractor’s warranties given in connection with Landlord Work.
Condition and Delivery of Premises. The Premises are leased to Tenant in their existing condition without warranty or representations except as stated in this Lease. Landlord shall deliver possession on the Commencement Date. If Landlord is unable to do so because a prior tenant or occupant retains possession, Landlord shall incur no liability thereto nor shall such failure affect the validity of this Lease except that Annual Fixed Rent and all other amounts due from Tenant shall be abated pro rata as to the area not delivered until possession of the occupied space is delivered to Tenant. Landlord represents that the HVAC system(s) in the Premises will be in good working order at the commencement of the TERM. (This is not an implied warranty in any respect.) Tenant acknowledges that at the time of execution of this Lease, Tenant is in full possession of the portion of the Premises located at 00 Xxxxxx Xxxxxx. Upon the occurrence of the Commencement Date hereunder, Tenant's status as a tenant-at-will automatically terminated.
Condition and Delivery of Premises. Tenant hereby covenants and agrees that Tenant is familiar with the condition of the Project and the Premises and that, subject to the completion of the Landlord Work and the inspection and punch-list provisions set forth in Section 4(b) of Exhibit C, Tenant is accepting the Premises on an "AS-IS," "WHERE- IS" basis, and that Landlord is making absolutely no repairs, replacements or improvements of any kind or nature to the Premises or the Project in connection with, or in consideration of, this Lease, except as provided under this Lease, including those forming part of the Basic Costs, and that Landlord shall (i) deliver the Premises with the electrical, plumbing, fire, and mechanical systems in good working order for the intended use and purpose of the Premises as of the Commencement Date and continuing for the first six months of the Lease Term, and (ii) perform the "Landlord Work" pursuant to Exhibit C attached hereto. Landlord agrees to enforce, upon Tenant's request, all manufacturer's or contractor's warranties given in connection with Landlord Work. VII.
Condition and Delivery of Premises. Tenant hereby covenants and agrees that Tenant is familiar with the condition of the Property and the Premises and that Tenant is accepting the Premises on an “AS-IS,” “WHERE-IS” basis, and that Landlord is making absolutely no repairs, replacements or improvements of any kind or nature to the Premises or the Property in connection with, or in consideration of, this Lease. Landlord and Tenant acknowledge that, as of the Commencement Date, Tenant, or its affiliate, will have been occupying the Premises pursuant to a previous lease with Landlord, and therefore Tenant understands and agrees that Tenant shall continue to accept the Premises in the condition of the Premises existing as of the Commencement Date.
Condition and Delivery of Premises. The Premises are leased to Lessee in the condition existing on the date hereof and Lessor has made no representations regarding the same except as expressly set forth herein. Lessor shall deliver the Premises to Lessee on the date on which the Term begins. Lessee has inspected the Premises and accepts them " AS-IS ".
Condition and Delivery of Premises. 5.1 By taking possession of the Premises hereunder, Tenant shall be deemed to have accepted the Premises as being in good order, condition and repair, and otherwise in its then existing “as is” and “where is” condition as of the Commencement Date. Landlord shall not be obligated to perform any work whatsoever to prepare the Premises for Tenant, except that, prior to the Commencement Date, Landlord shall have substantially completed the work set forth on Exhibit B (“Landlord’s Work”) in a good and workmanlike manner, with Building standard materials and at Landlord’s cost. Except as may be expressly set forth in this Lease, Tenant acknowledges that neither Landlord, nor any employee, agent or contractor of Landlord has made any representation or warranty concerning the Land, Building, Common Areas or Premises, or the suitability of any for the conduct of Tenant’s business. Landlord reserves, for Landlord’s exclusive use, any of the following (other than as installed by Tenant for Tenant’s exclusive use) that may be located in the Premises: janitor closets, stairways and stairwells; fans, mechanical, electrical, telephone and similar rooms; and elevator, pipe and other vertical shafts, flues and ducts.
