Common use of Operational Condition Clause in Contracts

Operational Condition. Notwithstanding the foregoing provisions respecting the “as is” condition of the Systems Furniture, Walls/Partitions, Personal Property, and Supplemental HVAC, Sub-Sublandlord will agree to repair any Systems Furniture, Walls/Partitions, Personal Property or Supplemental HVAC that are not operational or improperly functioning in a material manner on and as of the Sub-Sublease Commencement Date, subject to and in accordance with the provisions hereof, as part of Sub-Sublandlord’s initial delivery requirement. On or about the Sub-Sublease Commencement Date, but in any event prior to Sub-Subtenant’s occupancy or move-in to the Sub-Subleased Premises, a representative of each of Sub-Sublandlord and Sub-Subtenant shall jointly inspect the Sub-Subleased Premises to identify material, malfunctioning Systems Furniture, Walls/Partitions, Personal Property or Supplmental HVAC units or any of the foregoing that were not removed or reconfigured as required herein, and shall, each acting in good faith, jointly prepare a list of such items (the “Punch List”). In no event shall items be added to the Punch List after Sub-Subtenant’s move-in or beneficial occupancy of the Sub-Subleased Premises. It is expressly understood and agreed that with respect to non-functioning items, the Punch List shall be limited to only those matters that result in the item in general being unusable for its intended purpose, as opposed to aesthetic imperfections or non-material items of repair (e.g., sticky drawers). Sub-Sublandlord shall repair or cause to be repaired Punch List items at Sub-Sublandlord’s sole cost and expense, except to the extent set forth to the contrary in Section 3(b), below. Except as may be expressly set forth to the contrary in Subsections 2(a) through (e), and except for the Punch List items, each of the Sub-Subleased Premises, Systems Furniture, Walls/Partitions, Personal Property and Supplemental HVAC shall be delivered by Sub-Sublandlord and accepted by Sub-Subtenant in its “as is, where is” condition.

Operational Condition. Notwithstanding the foregoing provisions respecting the “as is” condition of the Expansion Area Systems Furniture, Expansion Area Modular Walls/Partitions, Expansion Area Personal Property, and Expansion Area Supplemental HVAC, Sub-Sublandlord Sublessor will agree to repair any Expansion Area Systems Furniture, Expansion Area Modular Walls/Partitions, Expansion Area Personal Property or Supplemental Expansion Area Sublessor’s HVAC that are not operational or improperly functioning in a material manner on and as of the Sub-Sublease Commencement Expansion Date, subject to and in accordance with the provisions hereof, as part of Sub-Sublandlord’s initial delivery requirement. On or about the Sub-Sublease Commencement Expansion Date, but in any event prior to Sub-Subtenant’s occupancy or move-in to the Sub-Subleased PremisesExpansion Area, a representative of each of Sub-Sublandlord Sublessor and Sub-Subtenant shall jointly inspect the Sub-Subleased Premises Expansion Area to identify material, malfunctioning Expansion Area Systems Furniture, Expansion Area Modular Walls/Partitions, Expansion Area Personal Property or Supplmental Expansion Area Sublessor’s HVAC units or any of the foregoing that were not removed or reconfigured as required hereinunits, and shall, each acting in good faith, jointly prepare a list of such items (the “Punch List”). In no event shall items be added to the Punch List after Sub-Subtenant’s move-in or beneficial occupancy of the Sub-Subleased PremisesExpansion Area. It is expressly understood and agreed that with respect to non-functioning items, the Punch List shall be limited to only those matters that result in the item in general being unusable for its intended purpose, as opposed to aesthetic imperfections or non-material items of repair (e.g., sticky drawers). Sub-Sublandlord Sublessor shall repair or cause to be repaired Punch List items at Sub-SublandlordSublessor’s sole cost and expense, except to the extent set forth to the contrary in Section 3(b), below. Except as may be expressly set forth to the contrary in Subsections 2(a) 5 A. through (e)D., and except for the Punch List items, each of the Sub-Subleased PremisesExpansion Area, Expansion Area Systems Furniture, Expansion Area Modular Walls/Partitions, Expansion Area Personal Property and Supplemental Expansion Area Sublessor’s HVAC shall be delivered by Sub-Sublandlord Sublessor and accepted by Sub-Subtenant in its “as is, where is” condition.