Common use of Sublease Premises Clause in Contracts

Sublease Premises. a. Sublessor leases to Sublessee and Sublessee hires from Sublessor the following described premises together with the appurtenances thereto, situated in the City of Atlanta, State of Georgia commonly known as River Ridge, ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, consisting of approximately 3,983 rentable square feet and located on the fourth floor and commonly known as Suite 470 (the "Sublease Premises"). The Sublease Premises are shown on the site plan attached hereto as Exhibit B. --------- b. Sublessee will be taking possession of the Sublease Premises "as is," in its condition existing on the date of delivery of the Sublease Premises to Sublessee. Sublessee acknowledges that Sublessee is leasing the Sublease Premises based on its own inspection of the Sublease Premises and those of its agents, and is not relying on any representations or warranties of the Sublessor regarding the physical condition of the Sublease Premises. Sublessee acknowledges that as of the date of delivery of the Sublease Premises to Sublessee, the Sublease Premises will contain wiring from Sublessee's security system (but not the software or hardware for such system) and a paging system (collectively, "Equipment"). Sublessor expressly does not warrant the working condition of the Equipment or its usefulness for Sublessee's purposes and Sublessor shall not be responsible for any damages incurred by Sublessee or any third party related to such Equipment. Sublessee's taking of possession of the Sublease Premises shall constitute conclusive evidence that the Sublease Premises were, as of that date, in good, clean and tenantable condition. Sublessee acknowledges that the square footage of the Sublease Premises as specified in Subparagraph 1.2 is an estimate and that Sublessor does not warrant the exact square footage of the Sublease Premises. By taking possession of the Sublease Premises, Sublessee accepts the square footage of the Sublease Premises as that specified in Subparagraph

Sublease Premises. a. Sublessor Sublandlord leases to Sublessee Subtenant and Sublessee Subtenant hires from Sublessor Sublandlord the following described sublease premises together with the appurtenances thereto, situated in the City of Atlanta, State of Georgia commonly known and described as River Ridge▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ being the entire second floor and the Cafeteria and associated warehouse and UPS room on the first floor (“Sublease Premises”). The Sublease Premises consists of approximately 42,901 rentable square feet in the Building commonly known as ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, consisting of approximately 3,983 rentable square feet and located on the fourth floor and commonly known as Suite 470 ▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ (the "Sublease Premises"“Building”). The Sublease Premises are is shown on the site plan attached hereto as Exhibit B. ---------The warehouse area is indicated with cross-hatch marks on the plan attached hereto as Exhibit B-1. b. Sublessee will Subject to the provisions of Section 3.e below, Sublandlord shall deliver possession of the Sublease Premises to Subtenant in the required condition on May 1, 2005. In the event Sublandlord is unable to deliver possession of the Sublease Premises to Subtenant in the required condition by May 1, 2005 for any reason, then Sublandlord shall not be liable for any damage caused thereby, nor shall this Sublease be void or voidable nor shall the term hereof be extended beyond the Sublease Expiration Date specified in the Basic Sublease Information, but the Rent Commencement Date for the Sublease Premises, shall be delayed one day for each day of delay until Sublandlord has delivered the Sublease Premises to Subtenant in the required condition. In the event the term of this Sublease commences after the Sublease Commencement Date specified in the Basic Sublease Information, the expiration date of this Sublease shall continue to be the Sublease Expiration Date specified in the Basic Sublease Information, and the term of the Sublease shall be adjusted accordingly. c. Except for the following items which are to be performed by Sublandlord as set forth in this Section 1.c below, Subtenant is taking possession of the Sublease Premises "in its “as is," in its condition existing on the date of delivery of the Sublease Premises to Sublessee. Sublessee acknowledges that Sublessee is leasing the Sublease Premises based on its own inspection of the Sublease Premises and those of its agents” condition, and is not relying on Sublandlord shall have no obligation hereunder to make, install, remodel or alter any representations tenant improvement for the benefit of Subtenant to enter into this Sublease or warranties of the Sublessor regarding the physical condition of the Sublease Premises. Sublessee acknowledges that as of the date of delivery of the Sublease Premises otherwise make or perform any repairs, renewals or replacements to Sublessee, the Sublease Premises will contain wiring from Sublessee's security system (but not the software or hardware for such system) and a paging system (collectively, "Equipment"). Sublessor expressly does not warrant the working condition of the Equipment or its usefulness for Sublessee's purposes and Sublessor shall not be responsible for any damages incurred by Sublessee or any third party related to such Equipment. Sublessee's taking of possession of the Sublease Premises shall constitute conclusive evidence that the Sublease Premises were, as of that date, in good, clean and tenantable condition. Sublessee acknowledges that the square footage of the Sublease Premises as specified in Subparagraph 1.2 is an estimate inducement to Subtenant to enter into this Sublease or as a condition precedent to the effectiveness of this Sublease: 1. Carpets cleaned; 2. Walls patched and that Sublessor does not warrant the exact square footage of the Sublease Premises. By taking possession of the Sublease Premises, Sublessee accepts the square footage of the Sublease Premises as that specified in Subparagraphpaint touched up; and

Sublease Premises. a. 1.1 Sublessor leases to Sublessee and Sublessee hires leases from Sublessor the following described premises together with the appurtenances thereto, situated in the City of Atlanta, State of Georgia commonly known as River Ridge, real property located at ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇ , ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ consisting of the entire freestanding building consisting of approximately 3,983 rentable 53,713 square feet and located on the fourth floor and commonly known as Suite 470 (the "Sublease Building") and more particularly described in Exhibit A to the Lease, together with the grounds thereon, subject however, to any and all existing encumbrances, easements, conditions, covenants, and restriction, rights-of-way, any other matters of record, and such matters as may be disclosed by inspection or survey (hereinafter referred to as "Premises"). 1.2 Sublessee accepts the Premises as being in good and sanitary order, condition and repair and accepts all other improvements included in the Premises in their present condition, "AS IS," and without representation or warranty by Sublessor as to the condition of the Premises or as to the use or occupancy which may be made thereof. The Sublease Premises are shown on Notwithstanding the site plan attached hereto as Exhibit B. --------- b. Sublessee will be taking foregoing, Sublessor shall deliver possession of the Sublease Premises "as is," in its condition existing on the date of delivery of the Sublease Premises to Sublessee as follows: (i) The Premises shall be in good working order and repair. (ii) The Premises shall have been professionally cleaned. (iii) Sublessor shall leave in place: the existing Rolm phone switch, although Sublessee acknowledges that there are no handsets available; and the existing CAT-5 and CAT-3 wiring uncut and in place for Sublessee's use, including all network racks and patch panels. (iv) Sublessor represents and warrants to Sublessee that the power that is distributed throughout the Building is at least 400 amps, 277/480 volts. Sublessee will have a period of thirty (30) days from the Commencement Date to report any inoperable Building systems to Sublessor and Sublessor will be responsible for repairing such inoperable Building system at Sublessor's sole cost and expense. Sublessor shall promptly commence to repair such inoperable Building system and shall diligently pursue such repair to completion. If however Sublessee, its agents, contractors, or guests cause any damage to any Building systems or have caused any Building system to become inoperable, Sublessor will have no responsibility or obligation to repair. 1.3 Upon the expiration or sooner termination of this Sublease, Sublessee shall surrender the Premises, together with all Alterations (as defined in the Lease), to Sublessor in the same condition as when received or installed, ordinary wear and tear excepted, and clean and free of debris and free of any liens created or suffered to be created by Sublessee. Sublessee acknowledges that shall not, however, be required to remove any tenant improvements to the Premises installed or constructed by, on behalf of or for the benefit of Sublessor, nor shall Sublessor require Sublessee is leasing to remove any tenant improvements to the Sublease Premises based on its own inspection of the Sublease Premises and those of its agents, and is not relying on any representations installed or warranties of the Sublessor regarding the physical condition of the Sublease Premises. Sublessee acknowledges that as of the date of delivery of the Sublease Premises to Sublessee, the Sublease Premises will contain wiring from Sublessee's security system (but not the software or hardware for such system) and a paging system (collectively, "Equipment"). Sublessor expressly does not warrant the working condition of the Equipment or its usefulness for Sublessee's purposes and Sublessor shall not be responsible for any damages incurred constructed by Sublessee or pursuant to the Tenant Improvements Agreement except to the extent Landlord requires the removal of any third party related tenant improvements installed by Sublessee. 1.4 Sublessee shall be entitled to such Equipment. Sublessee's taking of possession of use the Sublease Premises shall constitute conclusive evidence that for general office use, sales, R&D, assembly and any other use permitted under the Sublease Premises were, as of that date, in good, clean and tenantable condition. Sublessee acknowledges that the square footage of the Sublease Premises as specified in Subparagraph 1.2 is an estimate and that Sublessor does not warrant the exact square footage of the Sublease Premises. By taking possession of the Sublease Premises, Sublessee accepts the square footage of the Sublease Premises as that specified in SubparagraphLease.

Sublease Premises. a. Sublessor leases to Sublessee and Sublessee hires from Sublessor the following described premises together with the appurtenances thereto, situated in the City of Atlanta, State of Georgia Georgia, commonly known as River Ridge, ▇▇▇▇ 9040 ▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇ ▇, ▇▇▇▇▇▇▇, consisting ▇▇nsisting of approximately 3,983 rentable square feet and located on the fourth floor and commonly known as Suite 470 (the "Sublease Premises"). The Sublease Premises are shown on the site plan attached hereto as Exhibit B. ---------B. b. Sublessee will be taking possession of the Sublease Premises "as is," in its condition existing on the date of delivery of the Sublease Premises to Sublessee. Sublessee acknowledges that Sublessee is leasing the Sublease Premises based on its own inspection of the Sublease Premises and those of its agents, and is not relying on any representations or warranties of the Sublessor regarding the physical condition of the Sublease Premises. Sublessee acknowledges that as of the date of delivery of the Sublease Premises to Sublessee, the Sublease Premises will contain wiring from Sublessee's security system (but not the software or hardware for such system) and a paging system (collectively, "Equipment"). Sublessor expressly does not warrant the working condition of the Equipment or its usefulness for Sublessee's purposes and Sublessor shall not be responsible for any damages incurred by Sublessee or any third party related to such Equipment. Sublessee's taking of possession of the Sublease Premises shall constitute conclusive evidence that the Sublease Premises were, as of that date, in good, clean and tenantable condition. Sublessee acknowledges that the square footage of the Sublease Premises as specified in Subparagraph 1.2 l.a is an estimate and that Sublessor does not warrant the exact square footage of the Sublease Premises. By taking possession of the Sublease Premises, Sublessee accepts the square footage of the Sublease Premises as that specified in SubparagraphSubparagraph l.a above. Sublessee shall not be entitled to any tenant improvement allowance for the Sublease Premises.