Condition and Delivery of Premises. Tenant agrees that Tenant (or an affiliate thereof) is the former owner of the Premises; as a result, Tenant is familiar with the condition of the Premises, and Tenant hereby accepts the foregoing on a strictly “AS-IS,” “WHERE-IS” basis. Tenant acknowledges that neither Landlord nor Agent, nor any representative of Landlord, has made any representation as to the condition of the foregoing or the suitability of the foregoing for Tenant’s intended use. Tenant represents and warrants that Tenant has made its own inspection of the foregoing. At no time during the Term shall either Landlord or Agent be obligated to make any repairs, replacements or improvements (whether structural or otherwise) of any kind or nature to the foregoing in connection with, or in consideration of, this Lease, except to the extent any such repair, replacement or improvement shall be necessitated as the direct result of any gross negligence or willful misconduct of Landlord or Agent or any Indemnitee.
Condition and Delivery of Premises. Tenant agrees that Tenant (or an affiliate thereof) is the former owner of the Premises; as a result, Tenant is familiar with the condition of the Premises, and Tenant hereby accepts the foregoing on a strictly “AS-IS,” “WHERE-IS” basis. Tenant acknowledges that neither Landlord nor Agent, nor any representative of Landlord, has made any representation as to the condition of the foregoing or the suitability of the foregoing for Tenant’s intended use. Tenant represents and warrants that Tenant has made its own inspection of the foregoing. At no time during the Term shall either Landlord or Agent be obligated to make any repairs, replacements or improvements (whether structural or otherwise) of any kind or nature to the foregoing in connection with, or in consideration of, this Lease, except to the extent any such repair, replacement or improvement shall be necessitated as the direct result of any gross negligence or willful misconduct of Landlord or Agent or any Indemnitee. Tenant hereby waives all rights under the provisions of Sections 1941 and 1942 of the California Civil Code to (i) cause the Landlord to make any replacements or repairs or take other actions in relation to the Premises, (ii) make replacements or repairs or take other actions at Landlord’s expense, or (iii) vacate the Premises.
Condition and Delivery of Premises. Tenant agrees that Tenant (or an affiliate thereof) is the former owner of the Premises; as a result, Tenant is familiar with the condition of the Premises, and Tenant hereby accepts the foregoing on an “AS-IS,” “WHERE-IS” basis. Tenant acknowledges that neither Landlord nor Agent, nor any representative of Landlord, has made any representation as to the condition of the foregoing or the suitability of the foregoing for Tenant’s intended use. Tenant represents and warrants that Tenant has made its own inspection of the foregoing. Neither Landlord nor Agent shall be obligated to make any repairs, replacements or improvements (whether structural or otherwise) of any kind or nature to the foregoing in connection with, or in consideration of, this Lease.
Condition and Delivery of Premises. 5.1 Condition of Premises (i) Xxxxxx agrees that Xxxxxx is familiar with the condition of both the Premises and the Property, and Tenant hereby accepts the foregoing on an "AS IS," WHERE-IS" basis. Tenant acknowledges that neither Landlord, nor any representative of Landlord has made any representation as to the condition of the foregoing or the suitability of the foregoing for Xxxxxx's intended use. Tenant represents and warrants that Tenant has made its own inspection of the foregoing. Landlord shall not be obligated to make any repairs, replacements or improvements (whether structural or otherwise) of any kind or nature to the foregoing in connection with, or in consideration of, this Lease, except (a) as set forth in Section 13.2 and 18 and (b) with respect to all (if any) repairs and improvements expressly and specifically described in Exhibit B attached hereto ("Work Items"). Xxxxxxxx agrees to make reasonable effort to enforce, upon Xxxxxx's request, all manufacturer's or contractor's warranties, if any, issued in connection with any of the Work Items. (ii) Anything hereinabove contained to the contrary, it is expressly understood and agreed that the Landlord's construction obligation shall be limited to the Work Items hereinabove set forth in Section 5.1(i). In the event that any changes or additions are required to the work to be performed by Landlord (including any modification to the fire suppression system serving the Premises) by any governmental or quasi-governmental entity having jurisdiction over the Tenant or its use and occupancy of the Premises, any such changes or additions shall be performed by the Landlord at the Tenant's sole cost and expense. In addition, in the event that the performance of any such changes or additions shall delay the Commencement Date hereunder, the Commencement Date shall be established as of the date that the Premises would otherwise have been substantially completed by the Landlord, but for such additional requirements which are applicable to the Tenant. (iii) Landlord represents that it is the Owner of the fee simple interest in the Property. 5.2
Condition and Delivery of Premises. 5.1 By taking possession of the Premises hereunder, Tenant shall be deemed to have accepted the Premises as being in good order, condition and repair, and otherwise in its then existing “as is” and “where is” condition as of the Commencement Date. Landlord shall not be obligated to perform any work whatsoever to prepare the Premises for Tenant, except that, prior to the Commencement Date, Landlord shall have substantially completed the work set forth on Exhibit B (“Landlord’s Work”) in a good and workmanlike manner, with Building standard materials and at Landlord’s cost. Except as may be expressly set forth in this Lease, Tenant acknowledges that neither Landlord, nor any employee, agent or contractor of Landlord has made any representation or warranty concerning the Land, Building, Common Areas or Premises, or the suitability of any for the conduct of Tenant’s business. Landlord reserves, for Landlord’s exclusive use, any of the following (other than as installed by Tenant for Tenant’s exclusive use) that may be located in the Premises: janitor closets, stairways and stairwells; fans, mechanical, electrical, telephone and similar rooms; and elevator, pipe and other vertical shafts, flues and ducts.
Condition and Delivery of Premises. Tenant hereby covenants and agrees that Tenant is familiar with the condition of the Property and the Premises and that Tenant is accepting the Premises on an “AS-IS,” “WHERE-IS” basis, and that Landlord is making absolutely no repairs, replacements or improvements of any kind or nature to the Premises or the Property in connection with, or in consideration of, this Lease. Landlord and Tenant acknowledge that, as of the Commencement Date, Tenant, or its affiliate, will have been occupying the Premises pursuant to a previous lease with Landlord, and therefore Tenant understands and agrees that Tenant shall continue to accept the Premises in the condition of the Premises existing as of the Commencement Date.
Condition and Delivery of Premises. The Premises are leased to Tenant in their existing condition without warranty or representations except as stated in this Lease. Landlord shall deliver possession on the Commencement Date. If Landlord is unable to do so because a prior tenant or occupant retains possession, Landlord shall incur no liability thereto nor shall such failure affect the validity of this Lease except that Annual Fixed Rent and all other amounts due from Tenant shall be abated pro rata as to the area not delivered until possession of the occupied space is delivered to Tenant. Landlord represents that the HVAC system(s) in the Premises will be in good working order at the commencement of the TERM. (This is not an implied warranty in any respect.) Tenant acknowledges that at the time of execution of this Lease, Tenant is in full possession of the portion of the Premises located at 00 Xxxxxx Xxxxxx. Upon the occurrence of the Commencement Date hereunder, Tenant's status as a tenant-at-will automatically terminated.
Condition and Delivery of Premises. Tenant hereby covenants and agrees that Tenant is familiar with the condition of the Property and the Premises and that Tenant is accepting the Premises on an “AS-IS,” “WHERE-IS” basis, and that Landlord is making absolutely no repairs, replacements or improvements of any kind or nature to the Premises or the Property in connection with, or in consideration of, this Lease, except for Landlord Work”, as set forth on Exhibit B-1. Landlord agrees to enforce, upon Tenant’s request, all manufacturer’s or contractor’s warranties given in connection with Landlord Work.
Condition and Delivery of Premises. The Premises are leased to Tenant in their existing condition without warranty or representations, except as stated in this Lease. Landlord shall deliver possession of the Commencement Date, as more particularly set forth in Section 1.1 hereof.
Condition and Delivery of Premises. Sub-sublandlord shall deliver the Premises on the Commencement Date vacant of all occupants and clean and free of debris.
