Common use of Condition of the Premises Clause in Contracts

Condition of the Premises. The Premises are being leased in their condition AS IS WITHOUT REPRESENTATION OR WARRANTY by Landlord except as expressly provided herein. Any improvements or alterations necessary to prepare the Premises for Tenant’s occupancy will be performed by Tenant, and Landlord shall have no responsibility therefor. The “Delivery Date” is the date 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 Tenant in their “as is” condition and otherwise as herein provided. On the Delivery Date, the Building HVAC, plumbing and mechanical systems 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, 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 agreement and will have no obligation to remove the Furniture prior to the Delivery Date or do deliver possession of the Premises 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. The 9.1 Except as otherwise expressly provided in this Lease, Tenant acknowledges that Tenant is leasing the Premises on an “as is, where is” basis, and that Landlord shall deliver the Premises to Tenant, in accordance with the provisions of Article 3 of this Lease, in “as-is” and “where-is” condition; provided, however, that upon such delivery of possession to Tenant, the existing Building structural systems; roof systems; plumbing systems (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 floor and the ceiling grid and installed lighting shall all be free from latent and structural defects, in good and proper working order, and in full compliance with all Laws, including, without limitation, all building codes and ordinances governing the use and occupancy of office buildings where the Premises are being leased located as of the time the same were installed or constructed. Subject to Landlord’s express obligations contained in their condition AS IS WITHOUT REPRESENTATION OR WARRANTY by Landlord except as expressly provided herein. Any improvements or alterations necessary to prepare this Lease, Tenant’s taking possession of the Premises for Tenant’s occupancy will shall be performed by Tenantdeemed conclusive evidence that, as of the date of taking possession, the Premises were in good order and satisfactory condition, and in full compliance with such requirements. Subject to the foregoing, Landlord shall have no responsibility thereforobligation to perform any work in the Premises (including, without limitation, demolition of any improvements existing therein or construction no rights in of any tenant finish-work or other improvements therein). The “Delivery Date” is All additions, alterations or improvements to the date on which (i) 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 has been fully executed and delivered by Landlord and TenantExhibit E, and (ii) Exhibit E-1 attached hereto and made a part hereof. No promise of Landlord has tendered possession of to alter, remodel, repair, or improve the Premises to Tenant in their “as is” condition and otherwise as herein provided. On the Delivery DatePremises, the Building HVACor the Project, plumbing and mechanical systems and equipment serving 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, Tenant shall construct the Tenant Improvements in the Premises will be as described and defined in good working order Exhibit E 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, 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 agreement and will have no obligation to remove the Furniture prior to the Delivery Date or do deliver possession of the Premises 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.E-l.

Condition of the Premises. The Premises are being leased in their condition AS IS WITHOUT REPRESENTATION OR WARRANTY by Landlord except Except as expressly provided set forth herein. Any improvements or alterations necessary to prepare , Tenant shall accept the Premises for Tenant’s occupancy will be performed by Tenanton the Substantial Completion Date in its “AS-IS” condition, subject to all applicable laws, ordinances, regulations, covenants and restrictions, and Landlord shall have no responsibility thereforobligation to perform or pay for any repair or other work therein. Landlord has made no representation or warranty as to the suitability of the Premises for the conduct of Tenant’s business, 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 herein, in no event shall Landlord have any obligation for any defects in the Premises or any limitation on its use. The “Delivery Date” is the date on which (i) this Lease has been fully executed and delivered by Landlord and Tenant, and (ii) Landlord has tendered taking of possession of the Premises to shall be conclusive evidence that Tenant in their “as is” condition and otherwise as herein provided. On the Delivery Date, the Building HVAC, plumbing and mechanical systems 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, 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 agreement and will have no obligation to remove the Furniture prior to the Delivery Date or do deliver possession of the Premises 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 accepts the Premises and common areas of that the Building and has found Premises were in good condition at 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 4.2time possession was taken.

Condition of the Premises. The Prior to the Commencement Date, Landlord will construct the tenant improvements in accordance with the terms of Exhibit “D”, Tenant Finish-Work, attached hereto. By occupying the Premises, Tenant shall be deemed to have accepted the Premises are being leased in their AS-IS condition AS IS WITHOUT REPRESENTATION OR WARRANTY by Landlord except as expressly provided herein. Any improvements or alterations necessary of the date of such occupancy, subject to prepare the Premises for Tenant’s occupancy will performance of punch-list items that remain to be performed by TenantLandlord, 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 (3) that Landlord has performed all of its obligations with respect to the Premises (except for punch-list items specified in such letter). Notwithstanding the foregoing, Landlord hereby warrants and represents to Tenant that the Premises, the Building and the common areas are in compliance with all laws, rules, regulations and ordinances, including, without limitation, all environmental laws and the Americans with Disabilities Act of 1990 (ADA) and that Landlord shall have no responsibility thereforbe responsible thereafter for any legal requirements applicable to the Building and all common areas. The “Delivery Date” is ASPEN GROWTH PROPERTIES – NET LEASE Subsequent to Tenant’s acceptance of the date on which Premises, Tenant shall be responsible for the cost of all work required to comply with the 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 Premises at the request of or by Tenant or by Tenant’s use of the Premises (i) this Lease other than retrofit work whose cost has been fully executed and delivered particularly identified as being payable by Landlord in an instrument signed by Landlord and Tenant, and (ii) Landlord has tendered possession of the Premises to Tenant in their “as is” condition and otherwise as herein provided. On the Delivery Date, the Building HVAC, plumbing and mechanical systems 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, Sapient Corporation (“Sapient”), regardless of whether such cost is incurred 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 agreement and will have no obligation to remove the Furniture prior to the Delivery Date or do deliver possession of the Premises free of the same. Landlord has no interest connection with retrofit work required 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 4.2Premises.

Condition of the Premises. The 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 are being leased 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 AS IS WITHOUT REPRESENTATION OR WARRANTY by Landlord except existing as expressly provided herein. Any improvements or alterations necessary of the Commencement Date, subject to prepare 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 TenantSub-Subtenant’s occupancy will be performed by Tenantpurposes. 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 Landlord 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 responsibility thereforobligation to repair any systems which are not in good working condition. The “Delivery 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” is , then provided that Sub-Subtenant notifies Sub-Sublandlord within thirty (30) days following the date on which (i) this Lease has been fully executed and delivered by Landlord and Tenant, and (ii) Landlord has tendered Sub-Sublandlord delivery of possession of the Premises to Tenant in their “as is” condition and otherwise as herein provided. On the Delivery Date, the Building HVAC, plumbing and mechanical Sub-Subtenant that such systems and equipment serving the Premises will be are not in good working order condition, Sub-Sublandlord shall perform such maintenance 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, 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 agreement and will have no obligation to remove the Furniture prior repair to the Delivery Date or do deliver possession of extent Sub-Sublandlord was so required under the Premises 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 4.2Master Sublease.

Condition of the Premises. The Premises are being leased in their condition AS IS WITHOUT REPRESENTATION OR WARRANTY by Landlord except Except as expressly provided herein. Any improvements or alterations necessary set forth above with respect to prepare Landlord’s Work, Tenant has accepted the Premises for Tenant’s occupancy will be performed by Tenantin its “AS-IS” condition, subject to all applicable Legal Requirements, and Landlord shall have no responsibility thereforobligation to perform or pay for any repair or other work therein. Except as expressly set forth above with respect to Landlord’s Work, Landlord has made no representation or warranty as to the suitability of the Premises for the conduct of Tenant’s business, 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 in this Lease, in no event shall Landlord have any obligation for any defects in the Premises or any limitation on its use. The “Delivery Date” is taking of possession of the date on which (i) this Lease has been fully executed Premises shall be conclusive evidence that Tenant accepts the Premises and delivered that the Premises were in good condition at the time possession was taken except for Landlord’s Work and Latent Defects discovered before the Latent Defect Deadline, items that are Landlord’s responsibility hereunder and any Punch List items agreed to in writing by Landlord and Tenant, and (ii) Landlord has tendered possession of the Premises to Tenant in their “as is” condition and otherwise as herein provided. On the Delivery Date, the Building HVAC, plumbing and mechanical systems 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, 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 agreement and will have no obligation to remove the Furniture prior to the Delivery Date or do deliver possession of the Premises 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 4.2.17.4

Condition of the Premises. The Landlord and Tenant agree that the construction of any “Tenant Work” with respect to the First Expansion Premises are being leased in their condition AS IS WITHOUT REPRESENTATION OR WARRANTY by Landlord except as expressly provided herein. Any improvements or alterations necessary to prepare the Premises for Tenant’s occupancy will shall be performed by TenantTenant 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 Tenant Work, and Landlord shall have no responsibility thereforobligations whatsoever to construct any improvements to the Original Premises or the First Expansion Premises and Tenant HAS ACCEPTED THE ORIGINAL PREMISES AND THE FIRST EXPANSION PREMISES “AS IS”, “WHERE IS” AND WITH ANY AND ALL FAULTS. The “Delivery Date” is LANDLORD NEITHER MAKES NOR HAS MADE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE QUALITY, SUITABILITY OR FITNESS THEREOF OF THE ORIGINAL PREMISES OR THE FIRST EXPANSION PREMISES, OR 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 IN A STATE AND CONDITION SATISFACTORY, ACCEPTABLE AND SUITABLE FOR THE TENANT’S USE PURSUANT TO THE LEASE. Notwithstanding the date on which (i) this Lease has been fully executed foregoing, Landlord shall deliver all structural elements and delivered by Landlord and Tenantsubsystems of the First Expansion Premises, including but not limited to the HVAC, mechanical, electrical, and (ii) Landlord has tendered possession of the Premises to Tenant in their “as is” condition and otherwise as herein provided. On the Delivery Date, the Building HVAC, plumbing and mechanical systems and equipment serving the Premises will be First Expansion Premises, in good working order condition 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 repair as of the Premises with the furniture Effective Date and furnishings (the “Furniture”) of the prior tenantLandlord will be responsible, Sapient Corporation (“Sapient”), in place, pursuant to a separate agreement between Tenant and Sapient by which Sapient is conveying the Furniture without cost to Tenant. Landlord is not a party , to such agreement repair any latent structural or design defects (as opposed to normal repairs, maintenance and will have no obligation to remove replacements) in the Furniture curtain wall, windows and window framing, interior structural framing, foundation, roof, HVAC systems, mechanical, electrical, and plumbing systems occurring or discovered prior to the Delivery Date or do deliver possession later of the Premises free 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 same. Landlord has no interest 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, without limitation, for meeting or assembly uses (as opposed to Tenant’s use of the First Expansion Premises for the Permitted Use in accordance with the Original Lease in a normal and customary manner) or (c) a change in the FurniturePermitted Use stated in Section 1.8, 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 regardless 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 whether Landlord of its express covenants set forth in this Section 4.2approves such change.

Condition of the Premises. The Notwithstanding anything in the Lease to the contrary, Tenant is currently in possession of the Current Premises are being leased 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 Suite 100 Expansion Date, and subject to Landlord’s delivery of the Suite 100 Expansion Premises to Tenant in their condition AS IS WITHOUT REPRESENTATION OR WARRANTY by Landlord except as expressly provided herein. Any improvements or alterations necessary to prepare the Suite 100 Delivery Condition, Tenant hereby accepts the Suite 100 Expansion Premises for Tenant’s occupancy will be performed by Tenantin its existing “AS-IS”, “WHERE-IS” and “WITH ALL FAULTS” condition, and Landlord shall have no responsibility thereforobligation whatsoever to 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”. The “Delivery If Tenant timely delivers the Tenant’s Expansion Notice (defined below) to Landlord, then commencing on and as of the Suite 110 Expansion Date” is the date on which (i) this Lease has been fully executed and delivered by Landlord and Tenant, and (ii) Landlord has tendered possession subject to Landlord’s delivery of the Suite 110 Expansion Premises to Tenant in their 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 is the number of months (including partial months) remaining in the 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 issaid term is defined on Exhibit “B-2” condition attached hereto) in accordance with and otherwise subject to the terms of said Exhibit “B-2”. In addition to the Suite 100 Expansion Allowance and the Suite 110 Expansion Allowance (if Tenant timely delivers the Tenant’s Expansion Notice to Landlord), and as herein provided. On partial consideration for Tenant executing this Fifth Amendment, Landlord agrees to provide Tenant, within 30 days after the Delivery Effective Date, with the Building HVACsum of Three Hundred Seventy-Seven Thousand Eight Hundred and Eighty and No/100 Dollars ($377,880.00), plumbing and mechanical systems and equipment serving payable in one lump sum as reimbursement for the cost of Tenant’s performance of previously completed tenant improvements to the Fourth Amendment Expansion Premises will be (as defined 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 __Fourth Amendment). Tenant acknowledges and agrees that it will accept possession any obligations of the Premises with the furniture and furnishings (the “Furniture”) of the prior tenant, 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 agreement and will have no obligation to remove the Furniture prior to the Delivery Date or do deliver possession of the Premises free of the same. Landlord has no interest originally existing in the Furniture, and expressly disclaims any obligation or liability Lease to complete leasehold improvements and/or furnish allowance(s) with respect to the sameCurrent Premises have been completed and/or satisfied in their entirety, including without limitation with respect to and any provisions in the condition Lease providing for such obligations are hereby null and void and of no further force 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 4.2effect.

Condition of the Premises. The Premises are being leased in their condition AS IS WITHOUT REPRESENTATION OR WARRANTY by (a) Tenant acknowledges that Landlord except as expressly provided herein. Any improvements or alterations necessary to prepare is delivering the Premises for Tenant’s occupancy will be performed to Tenant on the Delivery Date, and Tenant is accepting the Premises on the Delivery Date, in “as-is” condition without representation or warranty by TenantLandlord, and Landlord shall have no responsibility therefor. The “Delivery Date” is obligation to perform any work or construction to the date on which (i) this Lease has been fully executed and delivered by Landlord and TenantPremises, and (ii) Landlord has tendered possession of other than Landlord’s obligation to deliver the Premises to Tenant in their “as is” condition and otherwise as herein provided. On on the Delivery DateDate (i) free of all tenants, occupants and personal property (including, without limitation, free of Kaspersky’s occupancy), (ii) with the Premises fully demised and in compliance with Applicable Laws, (iii) with all Building HVAC, plumbing and mechanical systems and equipment Systems (as defined below) serving the Premises will be in good working order order, condition and condition. Landlord represents and warrants repair (including, without limitation, the so-called “variable air volume” boxes that are part of the HVAC (as defined below) system will on serving the delivery date meet Premises), and (iv) subject to an SNDA (as defined in Section 17.1 below) which has been executed by Landlord and the specifications set forth on Exhibit __. Tenant acknowledges that it will accept possession of the Premises with the furniture and furnishings current Holder (the “Furniture”as defined in Section 17.1 below) of the prior tenantMortgage (as defined in Section 17.1 below) encumbering the Building and delivered to Tenant (the satisfaction of clauses (i) through (iv) hereinabove, Sapient Corporation (the “SapientDelivery Condition”), 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 agreement and will have no obligation to remove the Furniture prior to the Delivery Date or do deliver possession of the Premises 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 Common Facilities of the Building and has found the same satisfactory subject to Landlord’s obligation to satisfy the Delivery Condition. 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 Premises from and after the Effective Date. Notwithstanding the foregoing, from and after the Term Commencement Date, Tenant shall pay for Tenant’s intended use, provided that this sentence shall not relieve Landlord of its express covenants electricity with respect to the Premises as set forth in this Section 4.210.2(b) hereof and other building services consumed and/or requested by Tenant during any such period, including without limitation, HVAC services for the Premises.

Condition of the Premises. The Landlord shall not be obligated to provide any improvement work or services related to the Expansion Premises are being leased and Tenant shall accept the Expansion Premises in their condition AS IS WITHOUT REPRESENTATION OR WARRANTY by presently existing, "as is" condition. Notwithstanding the foregoing, as of the commencement of Tenant's lease of each of the Suites contained in the Expansion Premises, Landlord except as expressly provided herein. Any hereby agrees to grant to Tenant an improvement allowance (the "Tenant Improvement Allowance") for the construction of improvements or alterations necessary to prepare the in such Expansion Premises for Tenant’s occupancy will be performed by Tenant, and Landlord shall have no responsibility therefor. The “Delivery Date” is in the date on which following amounts: (i) this Lease has been fully executed with respect to Suite 110 and delivered by Landlord and Tenant120, $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 has tendered possession of shall disburse the Premises Tenant Improvement Allowance to Tenant in their “accordance with Landlord's disbursement procedure, which procedure includes the requirement that Tenant deliver to Landlord, within thirty (30) days after completion of the applicable improvements, (a) invoices and full and final lien releases, as is” condition applicable, from any contractors or sub-contractors requesting payment, (b) a copy of applicable building permits and otherwise as herein provided. On certificates of occupancy or its legal equivalent allowing occupancy of the Delivery Dateapplicable space, and (c) "as-built" drawings showing the improvements constructed (collectively, the Building HVAC"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, plumbing and mechanical systems and equipment serving or to disburse any portion of the Premises will be Tenant Improvement Allowance for any purpose other than the construction of improvements 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 __Expansion Premises. Tenant acknowledges that it will accept possession shall construct any improvements in the Expansion Premises in accordance with the terms of Article 8 of the Premises with the furniture and furnishings (the “Furniture”) of the prior tenant, 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 agreement and will have no obligation to remove the Furniture prior to the Delivery Date or do deliver possession of the Premises 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 4.2Office Lease.

Condition of the Premises. The Tenant expressly understands and agrees and acknowledges that Landlord would not have entered this Lease or acquired the Demised Premises are being leased without the express provisions of this Paragraph 2.2. It is understood that the Demised Premises and all improvements and fixtures (including, without limitation, the Building) shall be delivered "AS IS" in their present condition AS IS WITHOUT REPRESENTATION OR WARRANTY by Landlord except as expressly provided hereinand with all faults, whether latent or patent, foreseeable or unforeseeable. Any improvements or alterations necessary to prepare the Premises for Tenant’s occupancy will be performed by Tenant, and Landlord shall have no responsibility therefor. The “Delivery Date” is not be liable for any latent or patent defects in the Demised Premises, except any defects created after the date on which (i) this Lease has been fully executed and delivered by Landlord and Tenanthereof due solely to an act of Landlord, and (ii) Landlord has tendered possession of the Premises to Tenant in their “as is” condition and otherwise as herein provided. On the Delivery DateLandlord's employees, the Building HVAC, plumbing and mechanical systems 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 __agents or contractors. Tenant acknowledges that it will accept possession neither Landlord nor 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 Premises with the furniture and furnishings (the “Furniture”) of the prior tenant, 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 agreement and will have no obligation to remove the Furniture prior to the Delivery Date or do deliver possession of the Premises 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 theretoDemised Premises. Tenant acknowledges that it has inspected 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 principal officers if Tenant shall be an entity) has had sufficient time and opportunity to inspect the Demised Premises and common areas of other matters deemed important to Tenant, that it (or its principal officers if Tenant shall be an entity) is experienced in owning real property similar to the Building Demised Premises, that it is represented by advisors and has found the same satisfactory for Tenant’s intended use, provided that this sentence shall not relieve Landlord counsel of its express covenants set forth in this Section 4.2choosing and that Tenant is intimately familiar with the Demised Premises due to its previous ownership of same.