Common use of Condition; Construction Clause in Contracts

Condition; Construction. Except as set forth below: (i) Landlord shall deliver Expansion Space B to Tenant in its AS IS condition, without any express or implied representations or warranties of any kind by Landlord, its brokers, manager or agents, or the employees of any of them regarding Expansion Space B; and (ii) Landlord shall not have any obligation to construct or install any tenant improvements or alterations or to pay for any such construction or installation. Notwithstanding the foregoing, Tenant shall notify Landlord in writing within forty‑five (45) days after Tenant takes possession of Expansion Space B of any defects in the base Building electrical, heating, ventilation and air conditioning and plumbing systems located in or exclusively serving Expansion Space B (“Expansion Space B Defects”). Except for Expansion Space B Defects stated in such notice, Tenant shall be conclusively deemed to have accepted Expansion Space B “AS IS” in the condition existing on the date Tenant first takes possession, and to have waived all claims relating to the condition of Expansion Space B. Landlord shall proceed diligently to correct the Expansion Space B Defects stated in such notice unless Landlord disputes the existence of any such Expansion Space B Defects. In the event of any dispute as to the existence of any such defects, the reasonable decision of Landlord shall be final and binding on the parties. No agreement of Landlord to alter, remodel, decorate, clean or improve Expansion Space B or the real property and no representation regarding the condition of Expansion Space B or the real property has been made by or on behalf of Landlord to Tenant, except as may be specifically stated in this Amendment.

Condition; Construction. Except as set forth below: (i) Landlord shall deliver Expansion Space B A to Tenant in its AS IS condition, without any express or implied representations or warranties of any kind by Landlord, its brokers, manager or agents, or the employees of any of them regarding Expansion Space BA; and (ii) Landlord shall not have any obligation to construct or install any tenant improvements or alterations or to pay for any such construction or installation. Notwithstanding the foregoing, Tenant shall notify Landlord in writing within forty‑five (45) days after Tenant takes possession of Expansion Space B A of any defects in the base Building electrical, heating, ventilation and air conditioning and plumbing systems located in or exclusively serving Expansion Space B A (“Expansion Space B A Defects”). Except for the Expansion Space B A Defects stated in such notice, Tenant shall be conclusively deemed to have accepted Expansion Space B A “AS IS” in the condition existing on the date Tenant first takes possession, and to have waived all claims relating to the condition of Expansion Space B. A. Landlord shall proceed diligently to correct the Expansion Space B A Defects stated in such notice unless Landlord disputes the existence of any such Expansion Space B A Defects. In the event of any dispute as to the existence of any such defects, the reasonable decision of Landlord shall be final and binding on the parties. No agreement of Landlord to alter, remodel, decorate, clean or improve Expansion Space B A or the real property and no representation regarding the condition of Expansion Space B A or the real property has been made by or on behalf of Landlord to Tenant, except as may be specifically stated in this Amendment.

Condition; Construction. Except as set forth below: (i) Landlord shall deliver Expansion Space B C to Tenant in its AS IS condition, without any express or implied representations or warranties of any kind by Landlord, its brokers, manager or agents, or the employees of any of them regarding Expansion Space BC; and (ii) Landlord shall not have any obligation to construct or install any tenant improvements or alterations or to pay for any such construction or installation. Notwithstanding the foregoing, Tenant shall notify Landlord in writing within forty‑five (45) days after Tenant takes possession of Expansion Space B C of any defects in the base Building electrical, heating, ventilation and air conditioning and plumbing systems located in or exclusively serving Expansion Space B C (“Expansion Space B C Defects”). Except for Expansion Space B C Defects stated in such notice, Tenant shall be conclusively deemed to have accepted Expansion Space B C “AS IS” in the condition existing on the date Tenant first takes possession, and to have waived all claims relating to the condition of Expansion Space B. C. Landlord shall proceed diligently to correct the Expansion Space B C Defects stated in such notice unless Landlord disputes the existence of any such Expansion Space B C Defects. In the event of any dispute as to the existence of any such defects, the reasonable decision of Landlord shall be final and binding on the parties. No agreement of Landlord to alter, remodel, decorate, clean or improve Expansion Space B C or the real property and no representation regarding the condition of Expansion Space B C or the real property has been made by or on behalf of Landlord to Tenant, except as may be specifically stated in this Amendment.

Condition; Construction. Except as set forth below: (i) Landlord shall deliver Expansion Space B D to Tenant in its AS IS condition, without any express or implied representations or warranties of any kind by Landlord, its brokers, manager or agents, or the employees of any of them regarding Expansion Space BD; and (ii) Landlord shall not have any obligation to construct or install any tenant improvements or alterations or to pay for any such construction or installation. Notwithstanding the foregoing, Tenant shall notify Landlord in writing within forty‑five (45) days after Tenant takes possession of Expansion Space B D of any defects in the base Building electrical, heating, ventilation and air conditioning and plumbing systems located in or exclusively serving Expansion Space B D (“Expansion Space B D Defects”). Except for Expansion Space B D Defects stated in such notice, Tenant shall be conclusively deemed to have accepted Expansion Space B D “AS IS” in the condition existing on the date Tenant first takes possession, and to have waived all claims relating to the condition of Expansion Space B. D. Landlord shall proceed diligently to correct the Expansion Space B D Defects stated in such notice unless Landlord disputes the existence of any such Expansion Space B D Defects. In the event of any dispute as to the existence of any such defects, the reasonable decision of Landlord shall be final and binding on the parties. No agreement of Landlord to alter, remodel, decorate, clean or improve Expansion Space B D or the real property and no representation regarding the condition of Expansion Space B D or the real property has been made by or on behalf of Landlord to Tenant, except as may be specifically stated in this Amendment.