Condition of the Expansion Space. Subject to the provisions of Paragraphs 2.2 and 2.3 of the Sublease, each of which shall apply to the Expansion Space: (1) Lessee shall accept the Expansion Space in its condition as of the Term Commencement Date, subject to all Applicable Requirements; (2) Lessor shall have no obligation for any defects in the Expansion Space; and (3) Lessee’s taking possession of the Expansion Space shall be conclusive evidence that Lessee accepts the Expansion Space and that the Expansion Space was in good condition at the time possession was taken. Except as expressly provided herein, Lessee acknowledges that neither Lessor nor any agent of Lessor has made any representation or warranty with respect to the condition of the Expansion Space or any other portion of the Premises, or with respect to the suitability of the Expansion Space or the other portions of the Premises for the conduct of Lessee’s business. Except for Lessor’s obligations under Paragraph 2.3 of the Sublease with respect to compliance of the Expansion Space with Applicable Requirement on the Commencement Date (which provision expressly excludes any such obligation of the part of Lessor with respect to Lessee’s use of the Expansion Space or as to any Alterations, including tenant improvements, made by or for Lessee), Lessee shall be responsible for the Expansion Space’s compliance with Applicable Requirements, including, without limitation, compliance with ,the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto. Notwithstanding the foregoing, Lessor shall correct and/or repair the matters affecting the Expansion Space identified on the attached Exhibit B within six (6) months of the Commencement Date at Lessor’s sole cost and expense (not to be included in Common Area Operating Expenses or allocated towards the Tenant Improvement Allowance), subject to a maximum expenditure on Landlord’s part of $35,000 for such matters.
Condition of the Expansion Space. Tenant acknowledges that Landlord has no obligation to improve, or to otherwise fund any improvements to the Expansion Space, and Tenant accepts the Expansion Space in its present “AS-IS” condition. Tenant further acknowledges that except as expressly provided in this Amendment, neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Expansion Space, the improvements, refurbishments, or alterations therein, the Building or the Property, or with respect to the functionality thereof or the suitability of any of the foregoing for the conduct of Tenant’s business and that all representations and warranties of Landlord, if any, are as set forth in this Amendment.
Condition of the Expansion Space. Tenant currently occupies the Expansion Space under the MaPs Lease and agrees to accept the same for the Premises First Extension Term (as hereinafter defined) “as-is” and in all respects in the condition in which the Expansion Space are in as of the date of this Amendment, without any agreement, representation, understanding or obligation on the part of Landlord to prepare or construct the Expansion Space for Tenant’s occupancy, or to construct any additional work or improvements therein or in the Building, or, excepting only the Tenant Improvement Allowance, to provide any allowances or inducements. The foregoing shall in no way limit or detract from Landlord’s maintenance, repair and restoration obligations to the extent set forth in the Current Lease.
Condition of the Expansion Space. Tenant hereby agrees to accept the Expansion Space in its "as-is" condition and Tenant hereby acknowledges that Landlord shall not be obligated to provide or pay for any other work or services related to the improvement of the Expansion Space. Tenant also acknowledges that Landlord has made no representation or warranty regarding the condition of the Expansion Space.
Condition of the Expansion Space. Tenant acknowledges that it has been given the opportunity to inspect the condition of the Expansion Space and the Storage Space. Tenant further acknowledges that except as otherwise expressly set forth herein, Landlord shall not be obligated to refurbish or improve the Expansion Space in any manner whatsoever or to otherwise provide funds for the improvement of the Expansion Space in conjunction with the Modified Term, and Tenant hereby accepts the Expansion Space “AS-IS” subject to any Landlord’s obligations to maintain or repair the Premises set forth in the Lease. Tenant further acknowledges that except as expressly provided in the Lease and this Second Amendment, neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Expansion Space, the improvements, refurbishments, or alterations therein, or the Building or with respect to the functionality thereof or the suitability of any of the foregoing for the conduct of Tenant’s business and that all representations and warranties of Landlord, if any, are as set forth in the Lease and this Second Amendment. Tenant shall, using Building standard materials, finishes and specifications and/or materials, finishes and specifications that are comparable in quality to those located in the Current Premises, perform the Tenant’s Work, as further described in the Work Letter attached hereto as Exhibit B. For Expansion Space A only, Landlord hereby grants to Tenant an allowance of up to $283,530.00 /s/JE ($26.00 per rentable square foot of Expansion Space A) (the “Allowance”), to be applied as provided in the Work Letter. Notwithstanding the foregoing, Landlord shall deliver the Expansion Space to Tenant (i) in compliance with all applicable building, safety and other applicable laws, codes and regulations, including the ADA (which may, if required by applicable governmental authority, include seismic retrofit above the ceiling, and any fire line safety requirements), (ii) in broom clean condition, and (iii) with all the Building systems servicing the Expansion Space in good working order. Further, Landlord, at Landlord’s cost and separate from the Allowance, shall be responsible for (i) any work related to the existing raised floor in the Expansion Premises required to comply with applicable laws, code or regulation, and (ii) separating the electrical and HVAC systems servicing the Expansion Space from the existing electrical and HVAC systems servicing the remai...
Condition of the Expansion Space. Tenant hereby agrees to accept the Expansion Space from Landlord in its existing “AS-IS,” “WHERE-IS” and “WITH ALL FAULTS” condition, and Landlord shall have no obligation whatsoever to refurbish or otherwise improve the Expansion Space at any time during the Term of the Lease.
Condition of the Expansion Space. Tenant hereby agrees to accept the 7th Floor Expansion Space in their "as-is, where is" condition. Notwithstanding the foregoing, Landlord or its manager shall provide Tenant with a tenant improvement allowance in the amount of $40.000 per square foot totaling $1,007.920.00 for costs relating to the design and construction of interior improvements that will be permanently affixed to the 7th Floor Expansion Space (the “Improvements”) in accordance with the terms of Exhibit “B” attached hereto. Notwithstanding anything to the contrary contained in Exhibit B or the Lease, Tenant agrees that as a condition of the terms of Exhibit “B”, Tenant will restore the 7th Floor Expansion Space prior to termination or earlier expiration of the Extended Term per Exhibit “B” to a “warm lit shell” condition defined as consistent with the layout and standard of the lighting, ceiling, HVAC distribution, sprinklers, fire/life safety devices as the 6th Floor Expansion Space. Said restoration shall also apply to the space on the 6th Floor Expansion Space per Exhibit “A-1” as shown in the areas circled “Restored Said Space” more specifically the area constructed RADIO in the kitchen area as well as the Collaboration area/space. At the time it approves the Preliminary Plans, Landlord must advise Tenant in writing which, if any, of the Improvements must be removed upon the expiration or earlier termination of the Expansion Space Term.
Condition of the Expansion Space. Tenant agrees to accept the Expansion Space and all areas outside of the Expansion Space in "as is" condition as of the date that the Expansion Space is delivered by Landlord to Tenant, and Tenant acknowledges and agrees that Landlord has made no representation or warranty whatsoever to Tenant regarding the Expansion Space or the suitability of the Expansion Space, Common Areas and any of the facilities associated with the Expansion Space, for Tenant's stated or intended use. For purposes of applying Section 19 of the Lease to the surrender of the Expansion Space, the term "Commencement Date" as used therein shall mean the Expansion Space Commencement Date.
Condition of the Expansion Space. Except as specifically set forth in the Lease (and the Work Letter Agreement attached hereto), after Landlord substantially completes the Tenant Improvements and subject to Section 11.1 of the Lease, Tenant hereby agrees to accept the Expansion Space in its “as-is” condition and Tenant hereby acknowledges that Landlord, except as provided in the Work Letter Agreement attached hereto as Exhibit “B,” shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Expansion Space. Tenant also acknowledges that Landlord has made no representation or warranty regarding the condition of the Expansion Space.
Condition of the Expansion Space. Landlord shall deliver, and Tenant shall accept the Expansion Space in current “as is, where is” condition, with no obligation of Landlord to construct or pay for any improvements to the Expansion Space.
