Common use of Condition of the Expansion Space Clause in Contracts

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. Subject Tenant acknowledges that it has been given the opportunity to inspect the provisions of Paragraphs 2.2 and 2.3 condition of the SubleaseExpansion Space and the Storage Space. Tenant further acknowledges that except as otherwise expressly set forth herein, each of which Landlord shall apply not be obligated to the Expansion Space: (1) Lessee shall accept refurbish or improve the Expansion Space in its condition as of any manner whatsoever or to otherwise provide funds for 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 improvement of the Expansion Space shall be conclusive evidence that Lessee in conjunction with the Modified Term, and Tenant hereby accepts the Expansion Space and “AS-IS” subject to any Landlord’s obligations to maintain or repair the Premises set forth in the Lease. Tenant further acknowledges that the Expansion Space was in good condition at the time possession was taken. Except except as expressly provided hereinin the Lease and this Second Amendment, Lessee acknowledges that neither Lessor Landlord nor any agent of Lessor Landlord has made any representation or warranty with respect to regarding the condition of the Expansion Space Space, the improvements, refurbishments, or any other portion of alterations therein, or the Premises, Building or with respect to the functionality thereof or the suitability of the Expansion Space or the other portions any of the Premises foregoing for the conduct of LesseeTenant’s businessbusiness and that all representations and warranties of Landlord, if any, are as set forth in the Lease and this Second Amendment. Except for LessorTenant 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 obligations under Paragraph 2.3 of Work, as further described in the Sublease with respect to compliance of the Work Letter attached hereto as Exhibit B. For Expansion Space with Applicable Requirement on the Commencement Date A only, Landlord hereby grants to Tenant an allowance of up to $283,530.00 /s/JE (which provision expressly excludes any such obligation $26.00 per rentable square foot 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 LesseeA) (the “Allowance”), Lessee shall to be responsible for applied as provided in 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 theretoWork Letter. Notwithstanding the foregoing, Lessor Landlord shall correct and/or repair the matters affecting deliver the Expansion Space identified on to Tenant (i) in compliance with all applicable building, safety and other applicable laws, codes and regulations, including the attached Exhibit B within six ADA (6which may, if required by applicable governmental authority, include seismic retrofit above the ceiling, and any fire line safety requirements), (ii) months 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 remainder of Suite 180 leased to General Dynamics. Landlord shall identify for Tenant and Tenant’s contractor any existing cabling that shall not be removed from the Expansion Space. Subject to the foregoing, Tenant shall, at Tenant’s cost, be responsible for removal of existing cabling. Landlord, at Landlord’s cost and separate from the Allowance, shall be responsible for providing a code approved exit path, if required by applicable governmental authority, from the General Dynamics space that does not interfere with the use of the Expansion Space. Landlord, in addition to and separate from the Allowance, shall be responsible for any costs associated with (x) any work required by a governmental agency outside the Premises and in the Building common areas (including restrooms) in order to comply with any laws and codes prior to the Expansion Space Commencement Date Date, and (y) any latent defects in the Building systems. Landlord, at LessorLandlord’s sole cost and expense (not to be included cost, shall construct in Common Area Operating Expenses or allocated towards Expansion Space B an enclosure around the Tenant Improvement Allowance)existing conduit tray that will have secure access for Landlord when needed, subject to a maximum expenditure on Landlord’s part of $35,000 for such matters.24-hour prior notice to Tenant, and secure the existing door located in Expansion Space B.