Common use of Condition of Additional Premises Clause in Contracts

Condition of Additional Premises. Landlord shall construct within the Additional Premises the work described on Exhibit “B” attached hereto (“Landlord’s Additional Premises Work”). Other than Landlord’s Additional Premises Work, Tenant has inspected the Additional Premises, is familiar with the condition thereof, and with the exception of Landlord’s Additional Premises Work, accepts the Additional Premises in its “AS-IS” condition, without any representation or warranty by Landlord, express or implied. Other than Landlord’s Additional Premises Work, Tenant acknowledges that Landlord shall have no obligation to construct any improvements or alterations, or to extend or provide any services (including, without limitation, utility services) on or to the Additional Premises or to or for the benefit of Tenant, or to make any repairs or replacements to the Additional Premises, and Landlord makes no warranty concerning the Additional Premises, including without limitation any warranties of merchantability, habitability, fitness or any other condition thereof for any particular purpose. Notwithstanding anything to the contrary contained in the Lease, Landlord shall not be liable in any manner to Tenant for damages or any other claim resulting from failure to deliver the Additional Premises and Tenant hereby waives all such liability.

Condition of Additional Premises. Landlord shall construct within Tenant acknowledges that (a) it is fully familiar with the condition of the Additional Premises and, notwithstanding anything to the work described on Exhibit contrary in the Lease, agrees to take the same in its condition “Bas is” attached hereto (“Landlord’s as of the Additional Premises Work”). Other than Landlord’s Additional Premises WorkCommencement Date, Tenant (b) neither Landlord nor any agent of Landlord has inspected made (and neither Landlord nor any agent of Landlord hereby makes) any representation or warranty of any kind whatsoever, express or implied, regarding the Additional Premises, is familiar with the condition thereof, and with the exception of Landlord’s Additional Premises Work, accepts the Additional Premises in its “AS-IS” condition, including (without limitation) any representation or warranty by Landlord, express or implied. Other than Landlord’s with respect to the condition of the Additional Premises Work, Tenant acknowledges that or with respect to the suitability of the Additional Premises for the conduct of Tenant’s business and (c) Landlord shall have no obligation to construct any improvements alter, repair or alterations, or to extend or provide any services (including, without limitation, utility services) on or to otherwise prepare the Additional Premises for Tenant’s occupancy or to or pay for the benefit of Tenant, or to make any repairs or replacements improvements to the Additional Premises, except for performance of the Additional Premises Tenant Improvements (as defined below). Tenant’s taking of possession of the Additional Premises shall, except as otherwise agreed to in writing by Landlord and Landlord makes no warranty concerning Tenant, conclusively establish that the Additional Premises were at such time in good, sanitary and satisfactory condition and repair. The terms, conditions and provisions of Article 4 and Article 5 of the Original Lease shall not apply to the Additional Premises; provided, including without limitation any warranties however, that the definitions of merchantability, habitability, fitness or any “Force Majeure” and “ADA” set forth therein shall apply to other condition thereof for any particular purpose. Notwithstanding anything uses of those defined terms within the Lease applicable to the contrary contained in the Lease, Landlord shall not be liable in any manner to Tenant for damages or any other claim resulting from failure to deliver the Additional Premises and Tenant hereby waives all such liabilityPremises.