Condition of Third Expansion Premises Sample Clauses

Condition of Third Expansion Premises. On the Third Expansion Effective Date, Landlord agrees to deliver the Third Expansion Premises to Tenant in vacant, professionally cleaned by the Building janitor condition with all fixtures and all Building systems located in the Third Expansion Premises (including, without limitation, electrical panels, HVAC units, if any, equipment, and plumbing (if any)) in good order and repair and otherwise in the condition and configuration existing on the date of this Third Amendment. Except as otherwise expressly provided herein, Tenant acknowledges that the Third Expansion Premises are being delivered “as is” and that Tenant has performed preliminary investigations and reviews and has concluded on its own judgment that the Third Expansion Premises are suitable for the purposes intended, without any representations or warranties of any kind (including, without limitation, any express or implied warranties of merchantability, fitness or habitability) from Landlord or any agent of Landlord. Landlord represents and warrants to Tenant that Landlord has not received any notice of violation with respect to failure of the Building or the Third Expansion Premises to comply with Legal Requirements (as defined in Section 311 of the Lease). Landlord shall have no obligation to alter or otherwise improve the Third Expansion Premises or the Premises. Notwithstanding the foregoing, Tenant’s acceptance of the Third Expansion Premises shall not be deemed a waiver of Tenant’s right to have defects in the foregoing delivery condition of the Third Expansion Premises repaired at no cost to Tenant. Tenant shall give notice to Landlord whenever any such defect becomes reasonably apparent, and Landlord shall repair such defect as soon as practicable at Landlord’s cost and expense and not as an Operating Expense. In no event shall Tenant be entitled to any improvement allowance with respect to the Third Expansion Premises, the Fourth Expansion Premises or the Fifth Expansion Premises. The terms and conditions in this Paragraph 4 shall similarly apply to Landlord’s delivery to Tenant of the Fourth Expansion Premises and the Fifth Expansion Premises described in this Third Amendment.
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Condition of Third Expansion Premises. Tenant hereby accepts the Third -------------------------------------- Expansion Premises in their existing "AS IS" condition, agrees that the Third Expansion Premises is in good and tenantable condition, and acknowledges that Landlord has no obligation to improve or alter the Third Expansion Premises. Any Alterations Tenant makes to the Third Expansion Premises shall be made only in accordance with the provisions of Section 6 of the Original Lease. Tenant shall contract with Commercial Interior Contractors ("CIC") to construct any Alterations desired by Tenant in the Third Expansion Premises. The sums charged by CIC for any such Alterations shall be competitive in the marketplace. Tenant acknowledges and agrees that CIC is an affiliate of Landlord. The cost of any Alterations shall be paid by Tenant to CIC.
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Condition of Third Expansion Premises. The Third Expansion Premises shall be delivered by Landlord and accepted by Tenant “as-is”, in its then (i.e., as of the Third Expansion Premises Commencement Date) state of construction, finish and decoration, without any obligation on the part of Landlord to prepare or construct the Third Expansion Premises for Tenant’s occupancy, or to provide any contribution to Tenant in respect of the Third Expansion Premises, except for any Third Expansion Improvement Allowance specified in Landlord’s Third Expansion Premises Rent Quotation.
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Condition of Third Expansion Premises. Subject to the terms of this Section 5, the Third Expansion Premises are being leased by Tenant in their condition as of the Third Expansion Premises Term Commencement Date, in their “As Is” condition as of the Effective Date, without representation or warranty by Landlord, except that the Third Expansion Premises shall be delivered to Tenant vacant (and all existing leases or occupancy agreements terminated), broom clean, with all furniture, fixtures and equipment removed, other than the furniture located on the Lower Level Expansion Premises, and in compliance with all applicable laws. Tenant acknowledges and agrees that Tenant inspected the Third Expansion Premises prior to the execution of this Amendment and is satisfied with the condition of the Third Expansion Premises. With respect to the furniture located on the Lower Level Expansion Premises, Landlord hereby conveys its interest in the same, if any, to Tenant without warranty, representation or recourse of any kind. There is no warranty relating to title, possession, quiet enjoyment, or the like in this disposition.
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Condition of Third Expansion Premises. Except as specifically set forth in the Tenant Work Letter attached to this Third Amendment as Exhibit B, Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Third Expansion Premises, and Tenant shall accept the Third Expansion Premises in its presently existing, "as-is" condition. Tenant shall accept all laboratory services, process utilities and emergency generator in their presently existing, as-is condition and Tenant shall be solely responsible for all costs related to their conditional use. Tenant shall construct the initial improvements in the Third Expansion Premises only pursuant to the terms of the Tenant Work Letter.
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Condition of Third Expansion Premises. Landlord shall deliver the Third Expansion Premises to Tenant in good, vacant, broom clean condition, in compliance with applicable laws (to the extent required to allow the legal occupancy of the Third Expansion Premises for the permitted use), fully decommissioned (including decontaminating the storage bunker, scrubber and related ductwork and equipment) and otherwise in substantially the same condition as of the date of this Third Amendment, with the roof water-tight and shall cause the plumbing, electrical systems, fire sprinkler system, lighting, and all other building systems serving the Third Expansion Premises to be in good operating condition and repair (other than the HVAC system which will be delivered as-is and repaired by Tenant pursuant to the terms of Section 2.1 below) (the “Delivery Condition”). In addition following delivery of the Third Expansion Premises and during Tenant’s performance of the Tenant Improvements and the HVAC work (i.e., the following shall not be a part of the Delivery Condition or Landlord’s delivery obligation with respect to the Third Expansion Premises), Landlord will (i) remove the scrubber and the related ductwork and equipment (provided that Landlord will not remove the storage bunker on the Pad, but will remove the ductwork attached to the storage bunker), (ii) remove any rust and corrosion on the exterior of the storage bunker and (iii) remove all equipment and debris from the Pad, including from within the storage bunker, other than the Emergency Generator, storage bunker and air compressor (the “Removal Work”). Landlord shall (a) perform the Removal Work in a good and workmanlike manner, in compliance with laws and in a manner so as to not unreasonably interfere with or delay Tenant’s completion of the Tenant Improvements, (b) coordinate with Removal Work with Tenant so as to not unreasonably interfere with or delay Tenant’s completion of the Tenant Improvements and (c) use commercially reasonable efforts to complete the Removal Work within sixty (60) days following its delivery of the Third Expansion Premises, but in any event shall complete such Removal Work on or before the Third Expansion Commencement Date. Tenant shall accept all laboratory services, process utilities and emergency generator in their presently existing, as-is condition and Tenant shall be solely responsible for all costs related to their conditional use. Further, Landlord at its sole cost shall be responsible to cause the exterior of Bui...
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Condition of Third Expansion Premises. Lessor shall deliver the Third Expansion Premises to Lessee in broom clean condition and represents to Lessee that the existing plumbing, lighting, electrical, heating, ventilating, air conditioning, fire sprinkler system (including fire hoses and hose cabinets), windows, skylights, roof, walls, foundation, loading doors, fencing, paving, landscaping, and irrigation systems, to the best of Lessor's knowledge, are in good operating condition as of February 1, 2000. Lessee hereby accepts the Third Expansion Premises in its condition existing on February 1, 2000, AS IS, without other representation or warranty of any kind from Lessor, and Lessee further acknowledges that, except as otherwise expressly provided herein, Lessor has no obligation to make any repairs, modifications or improvements of any kind or nature to the Third Expansion Premises.
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Related to Condition of Third Expansion Premises

  • Expansion Premises In addition to the Original Premises, commencing on the Expansion Premises Commencement Date (as defined below), Landlord leases to Tenant, and Tenant leases from Landlord, the Expansion Premises.

  • LANDLORD'S ACCESS TO PREMISES Landlord reserves and shall at any time upon reasonable notice and in compliance with Tenant’s reasonable security measures have the right to enter the Premises to inspect the same, to supply any service to be provided by Landlord to Tenant hereunder to service and repair HVAC units, water pipes and sprinkler mains, and electrical and telephone risers servicing other parts of the Building, to show said Premises to prospective purchasers or tenants, to alter or repair the Premises or any portion of the Building, and to place “for sale” or “for rent” signs on the Building, all without being deemed guilty of an eviction of Tenant and without abatement of Rent, provided that the business of Tenant shall be interfered with as little as is reasonably practicable. Tenant hereby waives any claim for damages or any inconvenience to or interference with Tenant’s business, any loss of quiet enjoyment of the Premises and any other loss occasioned thereby. For each of the aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock the main door to the Premises but not Tenant’s vaults and safes, and Landlord shall have the right to use any and all means which Landlord may deem proper to open said door in an emergency in order to obtain entry to the Premises, and any entry to the Premises obtained by Landlord by any of said means shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of the Premises, or any eviction of Tenant from the Premises or any portion thereof. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decoration except as otherwise expressly agreed to be performed by Landlord.

  • LESSOR'S ACCESS; SHOWING PREMISES; REPAIRS Lessor and Lessor's agents shall have the right to enter the Premises at any time, in the case of an emergency, and otherwise at reasonable times for the purpose of showing the same to prospective purchasers, lenders, or lessees, and making such alterations, repairs, improvements or additions to the Premises or to the Building, as Lessor may reasonably deem necessary. Lessor may at any time place on or about the Premises or Building any ordinary "For Sale" signs and Lessor may at any time during the last one hundred eighty (180) days of the term hereof place on or about the Premises any ordinary "For Lease" signs. All such activities of Lessor shall be without abatement of rent or liability to Lessee.

  • Condition of the Leased Property Lessee acknowledges receipt and delivery of possession of the Leased Property. Lessee has examined and otherwise has knowledge of the condition of the Leased Property and has found the same to be satisfactory for its purposes hereunder. Lessee is leasing the Leased Property “as is” in its present condition. Lessee waives any claim or action against Lessor in respect of the condition of the Leased Property. LESSOR MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, IN RESPECT OF THE LEASED PROPERTY, OR ANY PART THEREOF, EITHER AS TO ITS FITNESS FOR USE, DESIGN OR CONDITION FOR ANY PARTICULAR USE OR PURPOSE OR OTHERWISE, AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, LATENT OR PATENT, IT BEING AGREED THAT ALL SUCH RISKS ARE TO BE BORNE BY LESSEE. LESSEE ACKNOWLEDGES THAT THE LEASED PROPERTY HAS BEEN INSPECTED BY LESSEE AND IS SATISFACTORY TO IT. Provided, however, to the extent permitted by law, Lessor hereby assigns to Lessee all of Lessor’s rights to proceed against any predecessor in title (other than any Affiliate of Lessee, which conveyed the Property to Lessor) for breaches of warranties or representations or for latent defects in the Leased Property. Lessor shall fully cooperate with Lessee in the prosecution of any such claim, in Lessor’s or Lessee’s name, all at Lessee’s sole cost and expense. Lessee hereby agrees to indemnify, defend and hold harmless Lessor from and against any claims, obligations and liabilities against or incurred by Lessor in connection with such cooperation.

  • Expansion Space As used in this paragraph, the term “Expansion Space” means any space in the Building which, at any time during the Lease Term, is occupied by a Person other than Landlord under a written lease with Landlord, and the term “Tenant’s Expansion Space” means Expansion Space which Tenant has elected to lease as provided in this paragraph. Landlord agrees to notify Tenant promptly after Landlord learns that any Expansion Space is or will become available. Subject to the prior rights of other tenants to whom Landlord has granted substantially similar rights, Tenant has the option to lease any Expansion Space which Landlord notifies Tenant is or will become available. If Tenant gives Landlord notice of its exercise of this option within thirty (30) days after notification from Landlord of the availability of the Expansion Space and if no Event of Default exists when Tenant’s notice is given, this Lease will be deemed to be amended to include Tenant’s Expansion Space as part of the Premises for the remainder of the Lease Term upon all of the same terms contained in this Lease except that (i) the Rentable Area of the Premises will be amended to include Tenant’s Expansion Space; (ii) Tenant’s Share will be increased to include the rentable area of Tenant’s Expansion Space; (iii) the Term Commencement Date with respect to Tenant’s Expansion Space will be the earlier of sixty (60) days after the date on which Tenant’s Expansion Space becomes vacant and ready for occupancy (provided that date is at least sixty (60) days after Tenant exercises its option to lease the Expansion Space), or the date on which the Expansion Space is first occupied by Tenant; (iv) if Tenant’s Expansion Space contains a rentable area of 10,000 square feet or more, and if there are less than three (3) Lease Years remaining in the Lease Term, the Lease Term will be extended to include three (3) full years from the Term Commencement Date with respect to Tenant’s Expansion Space; and (v) subject to adjustment during each Fixed Rental Period as provided in Exhibit E, Basic Rent for each year of the remaining Lease Term (as it may be extended) will be the greater of (a) the Basic Rent last paid by the Person most recently occupying Tenant’s Expansion Space or (b) Market Rent determined as provided in the Rent Rider attached as Exhibit E. If Tenant exercises this option, Tenant’s Expansion Space will be leased to Tenant in its “as is” condition and Tenant will, at its expense and in compliance with the provisions of Section 7.06, design and construct all Improvements desired by Tenant for its use and occupancy. Landlord and Tenant agree to execute such amendments to this Lease and other instruments as either of them considers necessary or desirable to reflect Tenant’s exercise of this option.

  • Additional Premises Landlord shall use commercially reasonable efforts to expand the Premises to include an additional fifteen thousand four hundred ten (15,410) square feet of Rentable Area located on the first (1st) floor, as shown on Exhibit A attached hereto (the “Additional Premises”) on July 1, 2012 (the “Additional Premises Delivery Date”). In the event Landlord determines the Additional Premises will be ready for delivery to Tenant in the Required Condition on the Additional Premises Delivery Date, within ten (10) business days prior to the Additional Premises Delivery Date, Landlord and Tenant shall enter into a written amendment to the Lease, which amendment shall provide, unless otherwise agreed in writing, (a) that the commencement date of the Additional Premises shall be the Additional Premises Delivery Date (the “Additional Premises Commencement Date”), (b) that, as of the Additional Premises Commencement Date, the Premises under the Lease shall be increased to include the Additional Premises for a total of sixty-one thousand four hundred forty-four (61,444) square feet of Rentable Area (together, the Premises and the Additional Premises shall be referred to hereinafter as the “Total Premises”), (c) the new Basic Annual Rent applicable to the Total Premises, which shall commence on the Additional Premises Commencement Date and shall be as further described in Section 4.2 of this Amendment, (d) Tenant’s new Pro Rata Share of Operating Expenses as of the Additional Premises Commencement Date, which Pro Rata Share shall equal one hundred percent (100%) of the Building and thirty-three and 51/100 percent (33.51%) of the Project and (e) that, in addition to the parking which Tenant is entitled to under the terms of the Lease with respect to the original Premises, Tenant, for so long as Tenant leases the Additional Premises, shall have a non-exclusive license to use the parking facilities serving the Building in common on an unreserved basis with other tenants of the Building and the Project at a ratio of 3.3 parking spaces per 1,000 rentable square feet of Additional Premises, which amounts to fifty-one (51) additional parking spaces, which number shall include three (3) additional Reserved Spaces. In the event the Additional Premises is not ready for delivery to Tenant in the Required Condition on the Additional Premises Delivery Date, then (x) this Amendment and the Lease shall not be void or voidable, (y) Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and (z) the new Basic Annual Rent applicable to the Premises shall be as further described in Section 4.3 of this Amendment.

  • Construction In First Offer Space Tenant shall take the First Offer Space in its “as is” condition, subject to any improvement allowance granted as a component of the Fair Rental Value, and the construction of improvements in the First Offer Space shall comply with the terms of Article 8 of this Lease.

  • Condition of the Premises Tenant acknowledges that, except as expressly set forth in this Lease, neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of the Premises, the Building or the Property, or with respect to the suitability of the Premises, the Building or the Property for the conduct of Tenant’s business. Tenant acknowledges that Landlord shall have no obligation to alter, repair or otherwise prepare the Premises for Tenant’s occupancy or to pay for or construct any improvements to the Premises except as otherwise expressly set forth in this Lease or in the Work Letter attached hereto as Exhibit 3.1. Notwithstanding anything to the contrary contained herein, Landlord represents and warrants to Tenant that (a) upon the Commencement Date, the Building and the Premises will be in material compliance with all Applicable Laws (in each case, without regard for any of the Finish Work, Tenant’s particular use (as opposed to the Permitted Use, generally), or the obligations of any other tenants in the Building with respect to their tenant improvements); (b) Landlord has full power and authority to enter into this Lease and has obtained all consents and taken all actions necessary in connection therewith other than to the extent provided in Section 14.6, below; and (c) upon the Commencement Date, the Building systems provided by Landlord and serving the Premises including electrical, HVAC, plumbing and other utility systems shall be in good working order and condition. Subject to the foregoing and Landlord’s obligation to repair latent defects in the Base Building Work as expressly provided in Section 1.1 of Exhibit 3.1, Tenant’s execution of this Lease and taking of possession of the Premises shall conclusively establish that the Premises, the Building and the Property were at such time in good, sanitary and satisfactory condition and repair; provided, nothing in this sentence relieves Landlord of its obligations pursuant to Section 8.1, below.

  • Condition of Expansion Space Tenant has inspected the Expansion Space and agrees to accept the same “as is” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements, except as may be expressly provided otherwise in this Amendment.

  • Base Building “Base Building” means the Building Structure and Mechanical Systems, collectively, defined as follows:

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