Common use of Condition of the Premises Clause in Contracts

Condition of the Premises. Sub-Subtenant acknowledges that as of the Commencement Date, Sub-Subtenant shall have inspected the Premises, and every part thereof, and by taking possession shall have acknowledged that the Premises is in good condition and without need of repair, and Sub-Subtenant accepts the Premises “as is”, Sub-Subtenant having made all investigations and tests it has deemed necessary or desirable in order to establish to its own complete satisfaction the condition of the Premises. Sub-Subtenant accepts the Premises in their condition existing as of the Commencement Date, subject to all applicable zoning, municipal, county and state laws, ordinances, and regulations governing and regulating the use of the Premises and any covenants or restrictions of record. Sub-Subtenant acknowledges that neither Sub-Sublandlord nor Master Landlord have made any representations or warranties as to the condition of the Premises or its present or future suitability for Sub-Subtenant’s purposes. Notwithstanding the foregoing, Sub-Sublandlord shall deliver the Premises to Sub-Subtenant with the 0000 Xxxxx Xxxxxxxx Xx. Xxxxxxx Xxxxxxxx, Xxx. Xxx Xxxxx, XX building systems servicing the Premises in good working condition, including, but not limited to, the HVAC, electrical, plumbing and lighting to the extent that Sub-Sublandlord is responsible to maintain such building systems under the Master Sublease and to the extent that the condition of such building systems is not Sub-Sublandlord’s obligation under the Master Sublease, Sub-Sublandlord shall have no obligation to repair any systems which are not in good working condition. In the event that maintenance and repair of such building system was Sub-Sublandlord’s obligation under the Master Sublease prior to the Effective Date, then provided that Sub-Subtenant notifies Sub-Sublandlord within thirty (30) days following the date Sub-Sublandlord delivery of possession of the Premises to Sub-Subtenant that such systems are not in good working condition, Sub-Sublandlord shall perform such maintenance and repair to the extent Sub-Sublandlord was so required under the Master Sublease.

Condition of the Premises. Sub-Subtenant acknowledges that Except as of the Commencement Dateexpressly set forth above with respect to Landlord’s Work, Sub-Subtenant shall have inspected the Premises, and every part thereof, and by taking possession shall have acknowledged that the Premises is in good condition and without need of repair, and Sub-Subtenant accepts the Premises “as is”, Sub-Subtenant having made all investigations and tests it Tenant has deemed necessary or desirable in order to establish to its own complete satisfaction the condition of the Premises. Sub-Subtenant accepts accepted the Premises in their condition existing as of the Commencement Dateits “AS-IS” condition, subject to all applicable zoning, municipal, county and state laws, ordinancesLegal Requirements, and regulations governing and regulating the use of the Premises and any covenants or restrictions of record. Sub-Subtenant acknowledges that neither Sub-Sublandlord nor Master Landlord have made any representations or warranties as to the condition of the Premises or its present or future suitability for Sub-Subtenant’s purposes. Notwithstanding the foregoing, Sub-Sublandlord shall deliver the Premises to Sub-Subtenant with the 0000 Xxxxx Xxxxxxxx Xx. Xxxxxxx Xxxxxxxx, Xxx. Xxx Xxxxx, XX building systems servicing the Premises in good working condition, including, but not limited to, the HVAC, electrical, plumbing and lighting to the extent that Sub-Sublandlord is responsible to maintain such building systems under the Master Sublease and to the extent that the condition of such building systems is not Sub-Sublandlord’s obligation under the Master Sublease, Sub-Sublandlord shall have no obligation to perform or pay for any repair any systems which are not in good working conditionor other work therein. In the event that maintenance and repair of such building system was Sub-SublandlordExcept as expressly set forth above with respect to Landlord’s obligation under the Master Sublease prior Work, Landlord has made no representation or warranty as to the Effective Datesuitability of the Premises for the conduct of Tenant’s business, then and Tenant waives any implied warranty that the Premises are suitable for Tenant’s intended purposes. TENANT ACKNOWLEDGES THAT, EXCEPT WITH RESPECT TO LANDLORD’S WORK AND UNLESS OTHERWISE EXPRESSLY SET FORTH HEREIN (1) IT HAS INSPECTED AND ACCEPTS THE PREMISES IN AN “AS IS, WHERE IS” CONDITION, (2) THE BUILDING AND IMPROVEMENTS COMPRISING THE SAME ARE SUITABLE FOR THE PURPOSE FOR WHICH THE PREMISES ARE LEASED AND LANDLORD HAS MADE NO WARRANTY, REPRESENTATION, COVENANT, OR AGREEMENT WITH RESPECT TO THE MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE PREMISES, (3) NO REPRESENTATIONS AS TO THE REPAIR OF THE PREMISES, NOR PROMISES TO ALTER, REMODEL OR IMPROVE THE PREMISES HAVE BEEN MADE BY LANDLORD AND (4) THERE ARE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED, IMPLIED OR STATUTORY, THAT EXTEND BEYOND THE DESCRIPTION OF THE PREMISES. Except as otherwise may expressly be provided that Sub-Subtenant notifies Sub-Sublandlord within thirty (30) days following in this Lease, in no event shall Landlord have any obligation for any defects in the date Sub-Sublandlord delivery Premises or any limitation on its use. The taking of possession of the Premises to Sub-Subtenant shall be conclusive evidence that such systems are not Tenant accepts the Premises and that the Premises were in good working conditioncondition at the time possession was taken except for Landlord’s Work and Latent Defects discovered before the Latent Defect Deadline, Sub-Sublandlord shall perform such maintenance items that are Landlord’s responsibility hereunder and repair any Punch List items agreed to the extent Sub-Sublandlord was so required under the Master Sublease.in writing by Landlord and Tenant. 17.4

Condition of the Premises. Sub-Subtenant 9.1 Except as otherwise expressly provided in this Lease, Tenant acknowledges that as of the Commencement Date, Sub-Subtenant shall have inspected the Premises, and every part thereof, and by taking possession shall have acknowledged that Tenant is leasing the Premises is in good condition and without need of repair, and Sub-Subtenant accepts the Premises on an “as is”, Sub-Subtenant having made all investigations and tests it has deemed necessary or desirable in order to establish to its own complete satisfaction the condition of the Premises. Sub-Subtenant accepts the Premises in their condition existing as of the Commencement Date, subject to all applicable zoning, municipal, county and state laws, ordinanceswhere is” basis, and regulations governing and regulating the use of the Premises and any covenants or restrictions of record. Sub-Subtenant acknowledges that neither Sub-Sublandlord nor Master Landlord have made any representations or warranties as to the condition of the Premises or its present or future suitability for Sub-Subtenant’s purposes. Notwithstanding the foregoing, Sub-Sublandlord shall deliver the Premises to Sub-Subtenant Tenant, in accordance with the 0000 Xxxxx Xxxxxxxx Xx. Xxxxxxx Xxxxxxxxprovisions of Article 3 of this Lease, Xxx. Xxx Xxxxxin “as-is” and “where-is” condition; provided, XX building however, that upon such delivery of possession to Tenant, the existing Building structural systems; roof systems; plumbing systems servicing (including all existing connections and distribution of plumbing to existing internal appliances); window systems; window coverings; elevator systems; restrooms; base Building HVAC mechanical systems; base Building electrical systems; fire and life safety systems; and the Premises floor and the ceiling grid and installed lighting shall all be free from latent and structural defects, in good and proper working conditionorder, and in full compliance with all Laws, including, but not limited towithout limitation, all building codes and ordinances governing the use and occupancy of office buildings where the Premises are located as of the time the same were installed or constructed. Subject to Landlord’s express obligations contained in this Lease, Tenant’s taking possession of the Premises shall be deemed conclusive evidence that, as of the date of taking possession, the HVACPremises were in good order and satisfactory condition, electrical, plumbing and lighting in full compliance with such requirements. Subject to the extent that Sub-Sublandlord is responsible to maintain such building systems under the Master Sublease and to the extent that the condition of such building systems is not Sub-Sublandlord’s obligation under the Master Subleaseforegoing, Sub-Sublandlord Landlord shall have no obligation to repair perform any systems which are not work in good working conditionthe Premises (including, without limitation, demolition of any improvements existing therein or construction no rights in of any tenant finish-work or other improvements therein). In the event that maintenance and repair of such building system was Sub-Sublandlord’s obligation under the Master Sublease prior All additions, alterations or improvements to the Effective Premises required or desired to be made by Tenant shall be completed by Tenant in accordance with and subject to the terms of Article 11 of this Lease and Exhibit E, and Exhibit E-1 attached hereto and made a part hereof. No promise of Landlord to alter, remodel, repair, or improve the Premises, the Building or the Project, and no representation, express or implied, respecting any matter or thing relating to the Premises, the Building, the Project or this Lease (including, without limitation, the condition thereof) have been made to Tenant by Landlord or its broker or sales agent, other than as may be expressly contained in this Lease. Promptly following the Possession Date, then provided that Sub-Subtenant notifies Sub-Sublandlord within thirty (30) days following Tenant shall construct the date Sub-Sublandlord delivery of possession of Tenant Improvements in the Premises to Subas described and defined in Exhibit E and Exhibit E-Subtenant that such systems are not in good working condition, Sub-Sublandlord shall perform such maintenance and repair to the extent Sub-Sublandlord was so required under the Master Sublease.l.

Condition of the Premises. Sub-Subtenant acknowledges that Notwithstanding anything in the Lease to the contrary, Tenant is currently in possession of the Current Premises and Tenant hereby accepts the Current Premises throughout the Term of the Lease, as extended by the Fourth Extension Term. Commencing on and as of the Commencement Suite 100 Expansion Date, Suband subject to Landlord’s delivery of the Suite 100 Expansion Premises to Tenant in the Suite 100 Delivery Condition, Tenant hereby accepts the Suite 100 Expansion Premises in its existing “AS-Subtenant shall have inspected the PremisesIS”, “WHERE-IS” and “WITH ALL FAULTS” condition, and every part thereof, and by taking possession shall have acknowledged that the Premises is in good condition and without need of repair, and Sub-Subtenant accepts the Premises “as is”, Sub-Subtenant having made all investigations and tests it has deemed necessary or desirable in order to establish to its own complete satisfaction the condition of the Premises. Sub-Subtenant accepts the Premises in their condition existing as of the Commencement Date, subject to all applicable zoning, municipal, county and state laws, ordinances, and regulations governing and regulating the use of the Premises and any covenants or restrictions of record. Sub-Subtenant acknowledges that neither Sub-Sublandlord nor Master Landlord have made any representations or warranties as to the condition of the Premises or its present or future suitability for Sub-Subtenant’s purposes. Notwithstanding the foregoing, Sub-Sublandlord shall deliver the Premises to Sub-Subtenant with the 0000 Xxxxx Xxxxxxxx Xx. Xxxxxxx Xxxxxxxx, Xxx. Xxx Xxxxx, XX building systems servicing the Premises in good working condition, including, but not limited to, the HVAC, electrical, plumbing and lighting to the extent that Sub-Sublandlord is responsible to maintain such building systems under the Master Sublease and to the extent that the condition of such building systems is not Sub-Sublandlord’s obligation under the Master Sublease, Sub-Sublandlord shall have no obligation whatsoever to repair any systems refurbish or otherwise improve the Suite 100 Expansion Premises throughout the Fourth Extension Term; provided, however, Landlord agrees to provide Tenant with an improvement allowance of up to Three Hundred Twenty-Eight Thousand Eight Hundred and No/100 Dollars ($328,800.00) ($25.00 per rentable square foot for 13,152 rsf) (the “Suite 100 Expansion Allowance”) to be applied to the cost of Tenant performing the Suite 100 Expansion Improvements (as said term is defined on Exhibit “B-1” attached hereto) in accordance with and subject to the terms of said Exhibit “B-1”. If Tenant timely delivers the Tenant’s Expansion Notice (defined below) to Landlord, then commencing on and as of the Suite 110 Expansion Date, and subject to Landlord’s delivery of the Suite 110 Expansion Premises to Tenant in the Suite 110 Delivery Condition, Tenant hereby accepts the Suite 110 Expansion Premises 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 Suite 110 Expansion Premises throughout the Suite 110 Expansion Term; provided, however, Landlord agrees to provide Tenant with an improvement allowance equal to the product of (i) Twenty-Five and No/100 Dollars ($25.00), multiplied by (ii) 16,015 rentable square feet (being the total number of square feet of space contained within the Suite 110 Expansion Premises, multiplied by (iii) a fraction, the numerator of which are not is the number of months (including partial months) remaining in good working conditionthe then-existing Fourth Extension Term and the denominator of which is 60 (being the total number of months in the Fourth Extension Term) (the “Suite 110 Expansion Allowance”) to be applied to the cost of Tenant performing the Suite 110 Expansion Improvements (as said term is defined on Exhibit “B-2” attached hereto) in accordance with and subject to the terms of said Exhibit “B-2”. In addition to the event that maintenance Suite 100 Expansion Allowance and repair of such building system was Sub-Sublandlordthe Suite 110 Expansion Allowance (if Tenant timely delivers the Tenant’s obligation under the Master Sublease prior Expansion Notice to Landlord), and as partial consideration for Tenant executing this Fifth Amendment, Landlord agrees to provide Tenant, within 30 days after the Effective Date, then provided that Subwith the sum of Three Hundred Seventy-Subtenant notifies Sub-Sublandlord within thirty Seven Thousand Eight Hundred and Eighty and No/100 Dollars (30) days following $377,880.00), payable in one lump sum as reimbursement for the date Sub-Sublandlord delivery cost of possession Tenant’s performance of the Premises to Sub-Subtenant that such systems are not in good working condition, Sub-Sublandlord shall perform such maintenance and repair previously completed tenant improvements to the extent Sub-Sublandlord was so required under Fourth Amendment Expansion Premises (as defined in the Master SubleaseFourth Amendment). Tenant acknowledges and agrees that any obligations of Landlord originally existing in the Lease to complete leasehold improvements and/or furnish allowance(s) with respect to the Current Premises have been completed and/or satisfied in their entirety, and any provisions in the Lease providing for such obligations are hereby null and void and of no further force or effect.

Condition of the Premises. Sub-Subtenant acknowledges Landlord and Tenant agree that the construction of any “Tenant Work” with respect to the First Expansion Premises shall be performed by Tenant in accordance with and as defined in Exhibit B-5. Subject to funding the Tenant Work Allowance (as defined in Exhibit B-5) for the construction of the Commencement DateTenant Work, Sub-Subtenant Landlord shall have inspected no obligations whatsoever to construct any improvements to the Premises, Original Premises or the First Expansion Premises and every part thereof, and by taking possession shall have acknowledged that the Premises is in good condition and without need of repair, and Sub-Subtenant accepts the Premises Tenant HAS ACCEPTED THE ORIGINAL PREMISES AND THE FIRST EXPANSION PREMISES “as isAS IS”, Sub-Subtenant having made all investigations and tests it has deemed necessary or desirable in order to establish to its own complete satisfaction the condition of the Premises“WHERE IS” AND WITH ANY AND ALL FAULTS. Sub-Subtenant accepts the Premises in their condition existing as of the Commencement DateLANDLORD NEITHER MAKES NOR HAS MADE ANY REPRESENTATIONS OR WARRANTIES, subject to all applicable zoningEXPRESS OR IMPLIED, municipalWITH RESPECT TO THE QUALITY, county and state lawsSUITABILITY OR FITNESS THEREOF OF THE ORIGINAL PREMISES OR THE FIRST EXPANSION PREMISES, ordinancesOR THE CONDITION OR REPAIR THEREOF. TENANT’S CONTINUED POSSESSION OF THE ORIGINAL PREMISES AND TAKING OF POSSESSION OF THE FIRST EXPANSION PREMISES IS CONCLUSIVE EVIDENCE FOR ALL PURPOSES OF TENANT’S ACCEPTANCE OF THE PREMISES IN GOOD ORDER AND SATISFACTORY CONDITION, and regulations governing and regulating the use of the Premises and any covenants or restrictions of record. Sub-Subtenant acknowledges that neither Sub-Sublandlord nor Master Landlord have made any representations or warranties as to the condition of the Premises or its present or future suitability for Sub-Subtenant’s purposesAND IN A STATE AND CONDITION SATISFACTORY, ACCEPTABLE AND SUITABLE FOR THE TENANT’S USE PURSUANT TO THE LEASE. Notwithstanding the foregoing, Sub-Sublandlord Landlord shall deliver all structural elements and subsystems of the Premises First Expansion Premises, including but not limited to Sub-Subtenant with the 0000 Xxxxx Xxxxxxxx Xx. Xxxxxxx XxxxxxxxHVAC, Xxx. Xxx Xxxxxmechanical, XX building electrical, and plumbing systems servicing serving the Premises First Expansion Premises, in good working conditioncondition and repair as of the Effective Date and Landlord will be responsible, without cost to Tenant, to repair any latent structural or design defects (as opposed to normal repairs, maintenance and replacements) in the curtain wall, windows and window framing, interior structural framing, foundation, roof, HVAC systems, mechanical, electrical, and plumbing systems occurring or discovered prior to the later of the date that is 12 months after the Effective Date and the date of expiration of any applicable warranty therefor; provided that Tenant delivers notice to Landlord thereof prior to the later of the date that is 12 months after the Effective Date and date of expiration of any applicable warranty therefor and such repairs shall not include work required in connection with (a) any of Tenant’s Alterations, Tenant Work or other improvements to the First Expansion Premises, (b) Tenant’s particular use of the First Expansion Premises, including, but not limited towithout limitation, the HVAC, electrical, plumbing and lighting for meeting or assembly uses (as opposed to the extent that Sub-Sublandlord is responsible to maintain such building systems under the Master Sublease and to the extent that the condition of such building systems is not Sub-SublandlordTenant’s obligation under the Master Sublease, Sub-Sublandlord shall have no obligation to repair any systems which are not in good working condition. In the event that maintenance and repair of such building system was Sub-Sublandlord’s obligation under the Master Sublease prior to the Effective Date, then provided that Sub-Subtenant notifies Sub-Sublandlord within thirty (30) days following the date Sub-Sublandlord delivery of possession use of the First Expansion Premises to Sub-Subtenant that for the Permitted Use in accordance with the Original Lease in a normal and customary manner) or (c) a change in the Permitted Use stated in Section 1.8, regardless of whether Landlord approves such systems are not in good working condition, Sub-Sublandlord shall perform such maintenance and repair to the extent Sub-Sublandlord was so required under the Master Subleasechange.

Condition of the Premises. Sub-Subtenant acknowledges that Except as of the Commencement Dateexpressly set forth herein, Sub-Subtenant Tenant shall have inspected the Premises, and every part thereof, and by taking possession shall have acknowledged that accept the Premises is on the Substantial Completion Date in good condition and without need of repair, and Subits “AS-Subtenant accepts the Premises “as is”, Sub-Subtenant having made all investigations and tests it has deemed necessary or desirable in order to establish to its own complete satisfaction the condition of the Premises. Sub-Subtenant accepts the Premises in their condition existing as of the Commencement DateIS” condition, subject to all applicable zoning, municipal, county and state laws, ordinances, regulations, covenants and regulations governing restrictions, and regulating the use of the Premises and any covenants or restrictions of record. Sub-Subtenant acknowledges that neither Sub-Sublandlord nor Master Landlord have made any representations or warranties as to the condition of the Premises or its present or future suitability for Sub-Subtenant’s purposes. Notwithstanding the foregoing, Sub-Sublandlord shall deliver the Premises to Sub-Subtenant with the 0000 Xxxxx Xxxxxxxx Xx. Xxxxxxx Xxxxxxxx, Xxx. Xxx Xxxxx, XX building systems servicing the Premises in good working condition, including, but not limited to, the HVAC, electrical, plumbing and lighting to the extent that Sub-Sublandlord is responsible to maintain such building systems under the Master Sublease and to the extent that the condition of such building systems is not Sub-Sublandlord’s obligation under the Master Sublease, Sub-Sublandlord shall have no obligation to perform or pay for any repair any systems which are not in good working conditionor other work therein. In the event that maintenance and repair of such building system was Sub-Sublandlord’s obligation under the Master Sublease prior Landlord has made no representation or warranty as to the Effective Datesuitability of the Premises for the conduct of Tenant’s business, then and Tenant waives any implied warranty that the Premises are suitable for Tenant’s intended purposes. TENANT ACKNOWLEDGES THAT (1) IT HAS INSPECTED AND ACCEPTS THE PREMISES IN AN “AS IS, WHERE IS” CONDITION, (2) THE BUILDING AND IMPROVEMENTS COMPRISING THE SAME ARE SUITABLE FOR THE PURPOSE FOR WHICH THE PREMISES ARE LEASED AND LANDLORD HAS MADE NO WARRANTY, REPRESENTATION, COVENANT, OR AGREEMENT WITH RESPECT TO THE MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE PREMISES, (3) THE PREMISES ARE IN GOOD AND SATISFACTORY CONDITION, (4) NO REPRESENTATIONS AS TO THE REPAIR OF THE PREMISES, NOR PROMISES TO ALTER, REMODEL OR IMPROVE THE PREMISES HAVE BEEN MADE BY LANDLORD AND (5) THERE ARE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED, IMPLIED OR STATUTORY, THAT EXTEND BEYOND THE DESCRIPTION OF THE PREMISES. Except as otherwise may expressly be provided that Sub-Subtenant notifies Sub-Sublandlord within thirty (30) days following herein, in no event shall Landlord have any obligation for any defects in the date Sub-Sublandlord delivery Premises or any limitation on its use. The taking of possession of the Premises to Sub-Subtenant shall be conclusive evidence that such systems are not Tenant accepts the Premises and that the Premises were in good working condition, Sub-Sublandlord shall perform such maintenance and repair to condition at the extent Sub-Sublandlord time possession was so required under the Master Subleasetaken.

Condition of the Premises. Sub-Subtenant acknowledges that as of the Commencement Date, Sub-Subtenant shall have inspected the Premises, and every part thereof, and by taking possession shall have acknowledged that the The Premises is in good condition and without need of repair, and Sub-Subtenant accepts the Premises “as is”, Sub-Subtenant having made all investigations and tests it has deemed necessary or desirable in order to establish to its own complete satisfaction the condition of the Premises. Sub-Subtenant accepts the Premises are being leased in their condition existing AS IS WITHOUT REPRESENTATION OR WARRANTY by Landlord except as of expressly provided herein. Any improvements or alterations necessary to prepare the Commencement Date, subject to all applicable zoning, municipal, county and state laws, ordinancesPremises for Tenant’s occupancy will be performed by Tenant, and regulations governing and regulating the use of the Premises and any covenants or restrictions of record. Sub-Subtenant acknowledges that neither Sub-Sublandlord nor Master Landlord have made any representations or warranties as to the condition of the Premises or its present or future suitability for Sub-Subtenant’s purposes. Notwithstanding the foregoing, Sub-Sublandlord shall deliver the Premises to Sub-Subtenant with the 0000 Xxxxx Xxxxxxxx Xx. Xxxxxxx Xxxxxxxx, Xxx. Xxx Xxxxx, XX building systems servicing the Premises in good working condition, including, but not limited to, the HVAC, electrical, plumbing and lighting to the extent that Sub-Sublandlord is responsible to maintain such building systems under the Master Sublease and to the extent that the condition of such building systems is not Sub-Sublandlord’s obligation under the Master Sublease, Sub-Sublandlord shall have no obligation to repair any systems which are not in good working conditionresponsibility therefor. In the event that maintenance and repair of such building system was Sub-Sublandlord’s obligation under the Master Sublease prior to the Effective The “Delivery Date, then provided that Sub-Subtenant notifies Sub-Sublandlord within thirty (30) days following ” is the date Sub-Sublandlord delivery of on which (i) this Lease has been fully executed and delivered by Landlord and Tenant, and (ii) Landlord has tendered possession of the Premises to Sub-Subtenant that such Tenant in their “as is” condition and otherwise as herein provided. On the Delivery Date, the Building HVAC, plumbing and mechanical systems are not and equipment serving the Premises will be in good working order and condition. Landlord represents and warrants that the HVAC system will on the delivery date meet the specifications set forth on Exhibit __. Tenant acknowledges that it will accept possession of the Premises with the furniture and furnishings (the “Furniture”) of the prior tenant, Sub-Sublandlord shall perform Sapient Corporation (“Sapient”), in place, pursuant to a separate agreement between Tenant and Sapient by which Sapient is conveying the Furniture to Tenant. Landlord is not a party to such maintenance agreement and repair will have no obligation to remove the Furniture prior to the extent Sub-Sublandlord was so required under Delivery Date or do deliver possession of the Master SubleasePremises free of the same. Landlord has no interest in the Furniture, and expressly disclaims any obligation or liability with respect to the same, including without limitation with respect to the condition or suitability thereof or the state of title thereto. Tenant acknowledges that it has inspected the Premises and common areas of the Building and has found the same satisfactory for Tenant’s intended use, provided that this sentence shall not relieve Landlord of its express covenants set forth in this Section 4.2.

Condition of the Premises. Sub-Subtenant Tenant expressly understands and agrees and acknowledges that as Landlord would not have entered this Lease or acquired the Demised Premises without the express provisions of this Paragraph 2.2. It is understood that the Commencement DateDemised Premises and all improvements and fixtures (including, Sub-Subtenant without limitation, the Building) shall have inspected be delivered "AS IS" in their present condition and with all faults, whether latent or patent, foreseeable or unforeseeable. Landlord shall not be liable for any latent or patent defects in the Demised Premises, and every part thereofexcept any defects created after the date hereof due solely to an act of Landlord, and by taking possession shall have acknowledged that the Premises is in good condition and without need of repairLandlord's employees, and Sub-Subtenant accepts the Premises “as is”, Sub-Subtenant having made all investigations and tests it has deemed necessary agents or desirable in order to establish to its own complete satisfaction the condition of the Premisescontractors. Sub-Subtenant accepts the Premises in their condition existing as of the Commencement Date, subject to all applicable zoning, municipal, county and state laws, ordinances, and regulations governing and regulating the use of the Premises and any covenants or restrictions of record. Sub-Subtenant Tenant acknowledges that neither Sub-Sublandlord Landlord nor Master Landlord have any of its representatives, employees, officers, directors, shareholders, trustees, members, partners, counsel or agents has made any representations or warranties as to the physical condition, state of repair, tenancy, income, expenses or operation of the Demised Premises. Tenant acknowledges that it has not relied on any representations, warranties or "broker set-ups" in its decision to lease the Demised Premises in accordance with the terms hereof and also acknowledges that Tenant is intimately familiar with the Demised Premises due to its previous ownership and occupancy of same. In particular, except as herein specifically set forth, Landlord is unwilling to make any representations or warranties in respect of (i) the physical condition of the Demised Premises (including, without limitation, in respect of the presence, non-presence or condition of hazardous, toxic or other environmentally sensitive materials or substances), (ii) the compliance or non-compliance of the Demised Premises with applicable laws (including, without limitation, those relating to the protection of the environment or the safety of employees or workers), (iii) the revenues, income or expenses of the Demised Premises, (iv) the adequacy or inadequacy of the utilities, if any, provided to the Demised Premises, (v) the zoning of the Demised Premises or (vi) any other matter concerning the Demised Premises. Tenant acknowledges the foregoing and warrants and represents that it (or its present principal officers if Tenant shall be an entity) has had sufficient time and opportunity to inspect the Demised Premises and other matters deemed important to Tenant, that it (or future suitability for Sub-Subtenant’s purposes. Notwithstanding its principal officers if Tenant shall be an entity) is experienced in owning real property similar to the foregoingDemised Premises, Sub-Sublandlord shall deliver the Premises to Sub-Subtenant that it is represented by advisors and counsel of its choosing and that Tenant is intimately familiar with the 0000 Xxxxx Xxxxxxxx Xx. Xxxxxxx Xxxxxxxx, Xxx. Xxx Xxxxx, XX building systems servicing the Demised Premises in good working condition, including, but not limited to, the HVAC, electrical, plumbing and lighting due to the extent that Sub-Sublandlord is responsible to maintain such building systems under the Master Sublease and to the extent that the condition its previous ownership of such building systems is not Sub-Sublandlord’s obligation under the Master Sublease, Sub-Sublandlord shall have no obligation to repair any systems which are not in good working condition. In the event that maintenance and repair of such building system was Sub-Sublandlord’s obligation under the Master Sublease prior to the Effective Date, then provided that Sub-Subtenant notifies Sub-Sublandlord within thirty (30) days following the date Sub-Sublandlord delivery of possession of the Premises to Sub-Subtenant that such systems are not in good working condition, Sub-Sublandlord shall perform such maintenance and repair to the extent Sub-Sublandlord was so required under the Master Subleasesame.

Condition of the Premises. Sub-Subtenant acknowledges that as of Landlord shall not be obligated to provide any improvement work or services related to the Commencement Date, Sub-Subtenant Expansion Premises and Tenant shall have inspected accept the Premises, and every part thereof, and by taking possession shall have acknowledged that the Premises is in good condition and without need of repair, and Sub-Subtenant accepts the Premises “as is”, Sub-Subtenant having made all investigations and tests it has deemed necessary or desirable in order to establish to its own complete satisfaction the condition of the Premises. Sub-Subtenant accepts the Expansion Premises in their condition existing presently existing, "as of the Commencement Date, subject to all applicable zoning, municipal, county and state laws, ordinances, and regulations governing and regulating the use of the Premises and any covenants or restrictions of record. Sub-Subtenant acknowledges that neither Sub-Sublandlord nor Master Landlord have made any representations or warranties as to the condition of the Premises or its present or future suitability for Sub-Subtenant’s purposesis" condition. Notwithstanding the foregoing, Sub-Sublandlord as of the commencement of Tenant's lease of each of the Suites contained in the Expansion Premises, Landlord hereby agrees to grant to Tenant an improvement allowance (the "Tenant Improvement Allowance") for the construction of improvements in such Expansion Premises by Tenant, in the following amounts: (i) with respect to Suite 110 and 120, $4.00 per usable square foot contained in such Suites, and (ii) with respect to Suite 100 and 190, $2.50 per usable square foot contained in such Suites. Landlord shall disburse the Tenant Improvement Allowance to Tenant in accordance with Landlord's disbursement procedure, which procedure includes the requirement that Tenant deliver the Premises to Sub-Subtenant with the 0000 Xxxxx Xxxxxxxx Xx. Xxxxxxx XxxxxxxxLandlord, Xxx. Xxx Xxxxx, XX building systems servicing the Premises in good working condition, including, but not limited to, the HVAC, electrical, plumbing and lighting to the extent that Sub-Sublandlord is responsible to maintain such building systems under the Master Sublease and to the extent that the condition of such building systems is not Sub-Sublandlord’s obligation under the Master Sublease, Sub-Sublandlord shall have no obligation to repair any systems which are not in good working condition. In the event that maintenance and repair of such building system was Sub-Sublandlord’s obligation under the Master Sublease prior to the Effective Date, then provided that Sub-Subtenant notifies Sub-Sublandlord within thirty (30) days following the date Sub-Sublandlord delivery of possession after completion of the applicable improvements, (a) invoices and full and final lien releases, as applicable, from any contractors or sub-contractors requesting payment, (b) a copy of applicable building permits and certificates of occupancy or its legal equivalent allowing occupancy of the applicable space, and (c) "as-built" drawings showing the improvements constructed (collectively, the "Disbursement Procedure"). In no event shall Landlord have any obligation to disburse any amounts in excess of the Tenant Improvement Allowance in connection with any improvements in the Expansion Premises, or to disburse any portion of the Tenant Improvement Allowance for any purpose other than the construction of improvements in the Expansion Premises. Tenant shall construct any improvements in the Expansion Premises to Sub-Subtenant that such systems are not in good working condition, Sub-Sublandlord shall perform such maintenance and repair to accordance with the extent Sub-Sublandlord was so required under terms of Article 8 of the Master SubleaseOffice Lease.

Condition of the Premises. Sub-Subtenant (a) Tenant acknowledges that as of Landlord is delivering the Commencement Premises to Tenant on the Delivery Date, Suband Tenant is accepting the Premises on the Delivery Date, in “as-Subtenant is” condition without representation or warranty by Landlord, and Landlord shall have inspected no obligation to perform any work or construction to the Premises, and every part thereof, and by taking possession shall have acknowledged that other than Landlord’s obligation to deliver the Premises is in good condition to Tenant on the Delivery Date (i) free of all tenants, occupants and personal property (including, without need limitation, free of repairKaspersky’s occupancy), and Sub-Subtenant accepts (ii) with the Premises “fully demised and in compliance with Applicable Laws, (iii) with all Building Systems (as is”, Sub-Subtenant having made all investigations and tests it has deemed necessary or desirable in order to establish to its own complete satisfaction the condition of the Premises. Sub-Subtenant accepts defined below) serving the Premises in their good working order, condition existing as and repair (including, without limitation, the so-called “variable air volume” boxes that are part of the Commencement DateHVAC (as defined below) system serving the Premises), and (iv) subject to all applicable zoningan SNDA (as defined in Section 17.1 below) which has been executed by Landlord and the current Holder (as defined in Section 17.1 below) of the Mortgage (as defined in Section 17.1 below) encumbering the Building and delivered to Tenant (the satisfaction of clauses (i) through (iv) hereinabove, municipal, county and state laws, ordinances, and regulations governing and regulating the use of “Delivery Condition”). Tenant acknowledges that it has inspected the Premises and any covenants or restrictions Common Facilities of recordthe Building and has found the same satisfactory subject to Landlord’s obligation to satisfy the Delivery Condition. Sub-Subtenant acknowledges that neither Sub-Sublandlord nor Master Landlord have made any representations or warranties as All terms and conditions of this Lease, other than the obligation to pay Rent (which shall commence on the Rent Commencement Date), shall be applicable to the condition of Premises from and after the Premises or its present or future suitability for Sub-Subtenant’s purposesEffective Date. Notwithstanding the foregoing, Sub-Sublandlord from and after the Term Commencement Date, Tenant shall deliver pay for electricity with respect to the Premises to Sub-Subtenant with as set forth in Section 10.2(b) hereof and other building services consumed and/or requested by Tenant during any such period, including without limitation, HVAC services for the 0000 Xxxxx Xxxxxxxx Xx. Xxxxxxx Xxxxxxxx, Xxx. Xxx Xxxxx, XX building systems servicing the Premises in good working condition, including, but not limited to, the HVAC, electrical, plumbing and lighting to the extent that Sub-Sublandlord is responsible to maintain such building systems under the Master Sublease and to the extent that the condition of such building systems is not Sub-Sublandlord’s obligation under the Master Sublease, Sub-Sublandlord shall have no obligation to repair any systems which are not in good working condition. In the event that maintenance and repair of such building system was Sub-Sublandlord’s obligation under the Master Sublease prior to the Effective Date, then provided that Sub-Subtenant notifies Sub-Sublandlord within thirty (30) days following the date Sub-Sublandlord delivery of possession of the Premises to Sub-Subtenant that such systems are not in good working condition, Sub-Sublandlord shall perform such maintenance and repair to the extent Sub-Sublandlord was so required under the Master SubleasePremises.

Condition of the Premises. Sub-Subtenant acknowledges that as of Prior to the Commencement Date, SubLandlord will construct the tenant improvements in accordance with the terms of Exhibit “D”, Tenant Finish-Subtenant Work, attached hereto. By occupying the Premises, Tenant shall be deemed to have inspected accepted the Premises in their AS-IS condition as of the date of such occupancy, subject to the performance of punch-list items that remain to be performed by Landlord, if any. Tenant shall execute and deliver to Landlord, either before the end of any Landlord and Tenant inspection of the Premises on the Commencement Date, or if not done at that time within ten days after Landlord has requested same, a letter on Landlord’s standard form confirming (1) the Commencement Date, (2) that Tenant has accepted the Premises, and every part thereof, and by taking possession shall have acknowledged (3) that Landlord has performed all of its obligations with respect to the Premises is (except for punch-list items specified in good condition and without need of repair, and Sub-Subtenant accepts the Premises “as is”, Sub-Subtenant having made all investigations and tests it has deemed necessary or desirable in order to establish to its own complete satisfaction the condition of the Premises. Sub-Subtenant accepts the Premises in their condition existing as of the Commencement Date, subject to all applicable zoning, municipal, county and state laws, ordinances, and regulations governing and regulating the use of the Premises and any covenants or restrictions of record. Sub-Subtenant acknowledges that neither Sub-Sublandlord nor Master Landlord have made any representations or warranties as to the condition of the Premises or its present or future suitability for Sub-Subtenant’s purposessuch letter). Notwithstanding the foregoing, Sub-Sublandlord shall deliver Landlord hereby warrants and represents to Tenant that the Premises to Sub-Subtenant Premises, the Building and the common areas are in compliance with the 0000 Xxxxx Xxxxxxxx Xx. Xxxxxxx Xxxxxxxxall laws, Xxx. Xxx Xxxxxrules, XX building systems servicing the Premises in good working conditionregulations and ordinances, including, but not limited towithout limitation, all environmental laws and the HVAC, electrical, plumbing Americans with Disabilities Act of 1990 (ADA) and lighting that Landlord shall be responsible thereafter for any legal requirements applicable to the extent that Sub-Sublandlord is Building and all common areas. ASPEN GROWTH PROPERTIES – NET LEASE Subsequent to Tenant’s acceptance of the Premises, Tenant shall be responsible for the cost of all work required to maintain such building systems under comply with the Master Sublease retrofit requirements of the Americans with Disabilities Act of 1990, and all rules, regulations, and guidelines promulgated thereunder, as the same may be amended from time to time, necessitated by any installations, additions, or alterations made in or to the extent that Premises at the condition request of such building systems is not Sub-Sublandlordor by Tenant or by Tenant’s obligation under the Master Sublease, Sub-Sublandlord shall have no obligation to repair any systems which are not in good working condition. In the event that maintenance and repair of such building system was Sub-Sublandlord’s obligation under the Master Sublease prior to the Effective Date, then provided that Sub-Subtenant notifies Sub-Sublandlord within thirty (30) days following the date Sub-Sublandlord delivery of possession use of the Premises to Sub-Subtenant that (other than retrofit work whose cost has been particularly identified as being payable by Landlord in an instrument signed by Landlord and Tenant), regardless of whether such systems are not cost is incurred in good working condition, Sub-Sublandlord shall perform such maintenance and repair to connection with retrofit work required in the extent Sub-Sublandlord was so required under the Master SubleasePremises.