Common use of Condition of Leased Premises Clause in Contracts

Condition of Leased Premises. Tenant has had an opportunity to thoroughly inspect the Leased premises prior to the date of the occupancy, therefore, except as specifically provided herein. Tenant hereby accepts the Lease Premises "AS IS" in its condition as existing as of the date of the occupancy, without any representation or warranty, express or implied, oral or written, concerning the condition, usability, or habitability of the Leased Premises subject to all applicable Zoning, municipal, county, state and Federal Laws, ordinances and regulations governing the regulating of the use of the Leased Premises, and Tenant hereby accepts this Lease subject thereto and all matters disclosed thereby and by any exhibits attached thereto, except that (i) heating, cooling and plumbing systems shall be in operable working condition and (ii) the exterior roof shall be water tight, as of the date of occupancy, and the Landlord shall provide Tenant with written confirmation that same has been inspected by duly qualified professional. Tenant acknowledges that neither Landlord nor Landlord's Agent has made any representations or warranty as to the suitability of the Leased Premises for the conduct of Tenant's business. Tenant's occupancy indicates his approval and it will be presumed that the Leased Premises are satisfactory and the Lease shall remain in full force and effect as if the Tenant had given Landlord notification that the Leased Premises are suitable for Tenant's business needs. Tenant hereby agrees to indemnify, defend, and hold harmless Landlord for its failure by reason of any breach of this covenant, including any and all costs, fees, penalties and any other liabilities incurred by Landlord resulting from such violation of this covenant. In addition to any other rights and remedies, Landlord may require Tenant to, immediately upon demand, xxxxx any release of hazardous materials using licensed contractors approved by Landlord, or Landlord may without notice cause the work to be performed on behalf of Tenant. Tenant shall pay all costs associated with abatement, remediation or government enforcement actions arising from Tenant's breach of the foregoing covenant. Tenant shall give Landlord immediate notice of the release of any hazardous materials in or about the Premises, and of Tenant's receipt of any notice or communication from any government authority or other person concerning compliance of the Premises with any law or regulation pertaining to health, safety or the environment ("Environmental Law"), or of the discovery of any condition which violates or may violate Environmental Law other shall be by certified or registered mail, return receipt requested.

Condition of Leased Premises. Tenant has had an opportunity Landlord shall construct the following improvements to thoroughly inspect the Leased premises prior Premises pursuant to Landlord’s plans and specifications (the “Work”): (a) install one (1) exterior emergency exit gate in the existing play yard within the Outside Area serving the Leased Premises (such area being referred to as the “Work Area”); and (b) perform any additional work to the date Project required under the Americans with Disabilities Act of 1990 to the extent such additional work is triggered solely as a result of Xxxxxxxx’s performance of the occupancywork described in clause (a) above. The Work will be conducted in the Work Area while Tenant is in occupancy thereof and paying Rent under the Amended Lease. Xxxxxx agrees to cooperate with Landlord and to make the Work Area reasonably available to Landlord and its contractors for the performance of the Work. Tenant acknowledges that some interruptions and/or interference with Xxxxxx's business may occur during the course of the Work, thereforebut agrees that no interruptions or inconveniences to Tenant or its business suffered as a result of the Work shall constitute an eviction of Tenant from the Work Area, whether constructive or otherwise, and Tenant shall in no event be excused from paying the Rent that it is scheduled to pay pursuant to the terms of the Amended Lease. Landlord may or may not perform the Work during normal business hours. If the Work is performed after Xxxxxx's business hours at Tenant's direction, Tenant shall pay to Landlord the additional costs, if any, to perform the Work after business hours. Landlord and Tenant shall cooperate and cause their respective employees, agents and contractors to cooperate with the other during said period to expedite completion of the Work as well as to minimize any interference with Xxxxxx's business operations in the Work Area. Such cooperation by Tenant shall include, without limitation, temporarily closing off the areas affected by Work and moving, packing, and/or other temporary relocation of furniture, fixtures and equipment at Tenant's expense. Tenant acknowledges that except for the Work, Landlord shall not be obligated to improve the Outside Area, the Leased Premises, the Building and the Project in any manner whatsoever or to otherwise provide funds for the improvement of the Leased Premises in conjunction with this Amendment and the Extended Term, and, subject only to Landlord’s ongoing maintenance and repair obligations as specifically provided herein. expressly set forth in the Lease, Tenant hereby accepts the Lease Premises "AS IS" in its condition as existing as of the date of the occupancyOutside Area, without any representation or warranty, express or implied, oral or written, concerning the condition, usability, or habitability of the Leased Premises subject to all applicable Zoning, municipal, county, state and Federal Laws, ordinances and regulations governing the regulating of the use of the Leased Premises, and Tenant hereby accepts this Lease subject thereto and all matters disclosed thereby and by any exhibits attached thereto, except that (i) heating, cooling and plumbing systems shall be in operable working condition and (ii) the exterior roof shall be water tight, as of the date of occupancy, Building and the Landlord shall provide Tenant with written confirmation that same has been inspected by duly qualified professional. Tenant acknowledges that neither Landlord nor Landlord's Agent has made any representations or warranty as to the suitability of the Leased Premises for the conduct of Tenant's business. Tenant's occupancy indicates his approval and it will be presumed that the Leased Premises are satisfactory and the Lease shall remain Project in full force and effect as if the Tenant had given Landlord notification that the Leased Premises are suitable for Tenant's business needs. Tenant hereby agrees to indemnify, defend, and hold harmless Landlord for its failure by reason of any breach of this covenant, including any and all costs, fees, penalties and any other liabilities incurred by Landlord resulting from such violation of this covenant. In addition to any other rights and remedies, Landlord may require Tenant to, immediately upon demand, xxxxx any release of hazardous materials using licensed contractors approved by Landlord, or Landlord may without notice cause the work to be performed on behalf of Tenant. Tenant shall pay all costs associated with abatement, remediation or government enforcement actions arising from Tenant's breach of the foregoing covenant. Tenant shall give Landlord immediate notice of the release of any hazardous materials in or about the Premises, and of Tenant's receipt of any notice or communication from any government authority or other person concerning compliance of the Premises with any law or regulation pertaining to health, safety or the environment (their current "Environmental Law"), or of the discovery of any condition which violates or may violate Environmental Law other shall be by certified or registered mail, return receipt requestedAS-IS" condition.

Condition of Leased Premises. Tenant hereby acknowledges that Tenant has had an opportunity to thoroughly inspect examined the Leased leased premises prior to the date signing of the occupancy, therefore, except as specifically provided herein. Tenant hereby accepts the Lease Premises "AS IS" in its condition as existing as of the date of the occupancy, without any representation or warranty, express or implied, oral or written, concerning the condition, usabilitythis Lease, or habitability of the Leased Premises subject to all applicable Zoning, municipal, county, state and Federal Laws, ordinances and regulations governing the regulating of the use of the Leased Premises, and Tenant hereby accepts this Lease subject thereto and all matters disclosed thereby and by any exhibits attached thereto, except that (i) heating, cooling and plumbing systems shall be in operable working condition and (ii) the exterior roof shall be water tight, as of the date of occupancy, and the Landlord shall provide Tenant with written confirmation that same has been inspected by duly qualified professionalknowingly waived said examination. Tenant acknowledges that neither Landlord nor Landlord's Agent Tenant has made not relied on any representations made by Landlord or warranty as Landlord’s agents regarding the condition of the leased premises and that Tenant takes premises in its AS-IS condition with no express or implied warranties or representations beyond those contained herein or required by applicable Oklahoma law. Tenant agrees not to damage the premises through any act or omission, and to be responsible for any damages sustained through the acts or omissions of Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests. If such damages are incurred, Tenant is required to pay for any resulting repairs at the same time and in addition to the suitability next month’s rent payment, with consequences for non-payment identical to those for non-payment of rent described herein. At the expiration or termination of the Leased Premises for Lease, Tenant shall return the conduct leased premises in as good condition as when taken by Tenant at the commencement of Tenant's business. Tenant's occupancy indicates his approval and it will be presumed that the Leased Premises are satisfactory and the Lease shall remain in full force and effect as if the Tenant had given Landlord notification that the Leased Premises are suitable for Tenant's business needs. Tenant hereby agrees to indemnifylease, defend, and hold harmless Landlord for its failure by reason of any breach of this covenant, including any and all costs, fees, penalties and any other liabilities incurred by Landlord resulting from such violation of this covenant. In addition to any other rights and remedies, Landlord may require Tenant to, immediately upon demand, xxxxx any release of hazardous materials using licensed contractors approved by Landlord, or Landlord may without notice cause the work to be performed on behalf of Tenantwith only normal wear-and-tear excepted. Tenant shall pay all costs associated with abatementhave the right to remove from the premises Tenant’s fixtures placed thereon by Tenant at his expense, remediation or government enforcement actions arising from provided, however, that Tenant in effecting removal, shall restore the leased premises to as good, safe, sound, orderly and sightly condition as before the addition of Tenant's breach of the foregoing covenant’s fixture. Failing this, Tenant shall give Landlord immediate notice of the release of any hazardous materials in or about the Premises, and of Tenant's receipt of any notice or communication from any government authority or other person concerning compliance of the Premises with any law or regulation pertaining be obligated to health, safety or the environment ("Environmental Law"), or of the discovery of any condition which violates or may violate Environmental Law other shall be by certified or registered mail, return receipt requestedpay for repairs as stated above.

Condition of Leased Premises. Tenant Xxxxxx acknowledges that Xxxxxx has had an examined or been given the opportunity to thoroughly examine the Leased Premises prior to taking possession, knows the condition of the Leased Premises, and accepts the Leased Premises in its present condition. Within days following the commencement of the Term of this Lease, Tenant shall have the opportunity to inspect the Leased premises prior Premises and make a record of the present condition of the same (“Move-In Condition Report”). If the Move-In Condition Report is not returned to Broker within days following the commencement of the Term of this Lease, then the condition of the Leased Premises is deemed acceptable to Tenant. Failure to return the Move-In Condition Report could result in Tenant being held responsible for any unreported damages upon termination of this Lease. Xxxxxx agrees to return the Leased Premises, furnishings and appliances to Landlord upon the termination of this Lease in their present condition, normal wear and tear excepted. Landlord may offset any damages to the date Leased Premises incurred during the Term of this Lease with the occupancySecurity Deposit. If the Security Deposit does not cover repair of all damages to the Leased Premises, therefore, except as specifically provided hereinTenant shall be liable for any and all additional amounts. Tenant hereby accepts acknowledges that Tenant leases the Lease Leased Premises "AS IS" in its condition as existing as of IS and WITH ALL FAULTS, and that Landlord has not agreed to undertake any maintenance, alterations or repairs or to construct any improvements to the date of the occupancyLeased Premises, without nor has Landlord made any representation or warranty, express or implied, oral or written, concerning as to the condition, usability, or habitability condition of the Leased Premises subject to all applicable Zoning, municipal, county, state and Federal Laws, ordinances and regulations governing or the regulating of the use of the Leased Premises, and Tenant hereby accepts this Lease subject thereto and all matters disclosed thereby and by any exhibits attached thereto, except that (i) heating, cooling and plumbing systems shall be in operable working condition and (ii) the exterior roof shall be water tight, as of the date of occupancy, and the Landlord shall provide Tenant with written confirmation that same has been inspected by duly qualified professional. Tenant acknowledges that neither Landlord nor Landlord's Agent has made any representations fitness or warranty as to the suitability of the Leased Premises for any particular use or purpose. Landlord and Broker hereby disclaim, and Tenant hereby waives, all allowable representations and warranties, express or implied, of any kind, nature or type whatsoever with respect to the conduct leased premises, including but not limited to those of Tenant's businesscondition, tenantability, merchantability, suitability, fitness for a particular use or purpose, and compliance with any applicable laws, codes or regulations. Tenant's occupancy indicates his approval and it will be presumed Notwithstanding the foregoing, pursuant to C.R.S. § 00-00-000, Landlord warrants that the Leased Premises are satisfactory and the Lease shall remain in full force and effect as if the Tenant had given Landlord notification that the Leased Premises are suitable is fit for Tenant's business needs. Tenant hereby agrees to indemnify, defend, and hold harmless Landlord for its failure by reason of any breach of this covenant, including any and all costs, fees, penalties and any other liabilities incurred by Landlord resulting from such violation of this covenant. In addition to any other rights and remedies, Landlord may require Tenant to, immediately upon demand, xxxxx any release of hazardous materials using licensed contractors approved by Landlord, or Landlord may without notice cause the work to be performed on behalf of Tenant. Tenant shall pay all costs associated with abatement, remediation or government enforcement actions arising from Tenant's breach of the foregoing covenant. Tenant shall give Landlord immediate notice of the release of any hazardous materials in or about the Premises, and of Tenant's receipt of any notice or communication from any government authority or other person concerning compliance of the Premises with any law or regulation pertaining to health, safety or the environment ("Environmental Law"), or of the discovery of any condition which violates or may violate Environmental Law other shall be by certified or registered mail, return receipt requestedhuman habitation.

Condition of Leased Premises. Tenant hereby acknowledges that Tenant has had an opportunity to thoroughly inspect examined the Leased leased premises prior to the date signing of the occupancy, therefore, except as specifically provided herein. Tenant hereby accepts the Lease Premises "AS IS" in its condition as existing as of the date of the occupancy, without any representation or warranty, express or implied, oral or written, concerning the condition, usabilitythis Lease, or habitability of the Leased Premises subject to all applicable Zoning, municipal, county, state and Federal Laws, ordinances and regulations governing the regulating of the use of the Leased Premises, and Tenant hereby accepts this Lease subject thereto and all matters disclosed thereby and by any exhibits attached thereto, except that (i) heating, cooling and plumbing systems shall be in operable working condition and (ii) the exterior roof shall be water tight, as of the date of occupancy, and the Landlord shall provide Tenant with written confirmation that same has been inspected by duly qualified professionalknowingly waived said examination. Tenant acknowledges that neither Landlord nor Landlord's Agent Tenant has made not relied on any representations made by Landlord or warranty as Landlord’s agents regarding the condition of the leased premises and that Tenant takes premises in its AS-IS condition with no express or implied warranties or representations beyond those contained herein or required by applicable Georgia law. Tenant agrees not to damage the premises through any act or omission, and to be responsible for any damages sustained through the acts or omissions of Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests. If such damages are incurred, Tenant is required to pay for any resulting repairs at the same time and in addition to the suitability next month’s rent payment, with consequences for non-payment identical to those for non- payment of rent described herein. At the expiration or termination of the Leased Premises for Lease, Tenant shall return the conduct leased premises in as good condition as when taken by Tenant at the commencement of Tenant's businessthe lease, with only normal wear-and-tear excepted. Tenant's occupancy indicates his approval and it will Alterations Tenant shall make no alterations, decorations, additions, or improvements to the leased premises without first obtaining the express written consent of Landlord. Any of the above- described work shall become part of the dwelling No Illegal Use Tenant shall not perpetrate, allow or suffer any acts or omissions contrary to law or ordinance to be presumed that carried out upon the Leased Premises are satisfactory and the Lease shall remain leased premises or in full force and effect as if the Tenant had given Landlord notification that the Leased Premises are suitable for Tenant's business needsany common area. Tenant hereby agrees to indemnify, defend, shall bear responsibility for any and hold harmless Landlord for its failure by reason of any all illegal acts or omissions upon the leased premises and shall be considered in breach of this covenant, including Lease upon conviction of Tenant or any and all costs, fees, penalties and any other liabilities incurred by Landlord resulting from such violation of this covenant. In addition to any other rights and remedies, Landlord may require Tenant to, immediately upon demand, xxxxx any release of hazardous materials using licensed contractors approved by Landlord, or Landlord may without notice cause the work to be performed on behalf of Tenant. Tenant shall pay all costs associated with abatement’s family or invitees, remediation licensees, and/or guests for any illegal act or government enforcement actions arising from omission upon the leased premises- whether known or unknown to Tenant's breach of the foregoing covenant. Tenant shall give Landlord immediate notice of the release of any hazardous materials in or about the Premises, and of Tenant's receipt of any notice or communication from any government authority or other person concerning compliance of the Premises with any law or regulation pertaining to health, safety or the environment ("Environmental Law"), or of the discovery of any condition which violates or may violate Environmental Law other shall be by certified or registered mail, return receipt requested.

Condition of Leased Premises. Tenant has had an opportunity to thoroughly inspect examined the Leased premises prior Premises. Subject to the date of the occupancyLandlord’s obligations under Section 7, therefore, except as specifically provided herein. Tenant hereby accepts the Lease Premises "AS IS" in its condition as existing as of the date of the occupancy, without any representation or warranty, express or implied, oral or written, concerning the condition, usability, or habitability of the Leased Premises subject in its AS-IS, WHERE-IS CONDITION, WITH ALL FAULTS. Landlord has not agreed to all applicable Zoningpay for or make any tenant or leasehold improvements as consideration for Tenant’s execution and delivery of this Lease. Except as expressly set forth in this Lease, municipalLandlord and Landlord’s agents have made no warranties, countyrepresentations, state statements or promises with respect to (a) the rentable or usable square footage of the Leased Premises or the Building, or (b) the suitability of the Leased Premises for any particular use or purpose. No rights, easements or licenses are acquired by Tenant under this Lease except as expressly set forth herein or to the extent such rights, easements or licenses have been or will be acquired by Landlord through ownership of the Leased Premises and Federal Laws, ordinances and regulations governing the regulating of relate to the use of the Leased Premises, and in which event Tenant hereby accepts this Lease subject thereto and all matters disclosed thereby and by any exhibits attached thereto, except that (i) heating, cooling and plumbing systems shall be entitled to the nonexclusive exercise of the Landlord’s rights thereunder in operable working condition its possession and (ii) use of the exterior roof shall be water tightLeased Premises. Notwithstanding any of the foregoing, in the event the Leased Premises or any portion thereof, as of the date of occupancyhereof, and do not comply in all material respects with Legal Requirements, and/or the Landlord shall provide Tenant with written confirmation that same has been inspected by duly qualified professional. Tenant acknowledges that neither Landlord nor Landlord's Agent has made any representations or warranty as to current zoning for the suitability Leased Premises does not permit the use of the Leased Premises for general office use, and Tenant deems it necessary to obtain another location for its operations, then Tenant may terminate this Lease by delivery of written notice to Landlord without liability therefor. Upon such termination, this Lease shall terminate and neither Landlord nor Tenant shall have any further liability to each other hereunder, except for such obligations that are expressly stated to survive the conduct of Tenant's businesstermination hereof. Tenant's occupancy indicates his approval and it will be presumed The parties acknowledge that Tenant requires the Leased Premises are satisfactory and the Lease Landlord’s Office Space to be separated and sealed off with interior walls or lockable doors. Such separation shall remain in full force and effect as if the Tenant had given Landlord notification that the Leased Premises are suitable for Tenant's business needs. Tenant hereby agrees to indemnify, defend, and hold harmless Landlord for its failure by reason of any breach of this covenant, including any and all costs, fees, penalties and any other liabilities incurred by Landlord resulting from such violation of this covenant. In addition to any other rights and remedies, Landlord may require Tenant to, immediately upon demand, xxxxx any release of hazardous materials using licensed contractors approved by Landlord, or Landlord may without notice cause the work to be performed on behalf or before the earlier to occur of (i) ninety (90) days from the Commencement Date or (ii) the reorganization of Tenant. The parties shall cooperate in the completion of the work, and the parties shall share the cost thereof. Upon payment by Landlord of the cost of the work, Landlord shall invoice Tenant for seventy-five percent (75%) of the cost, and Tenant shall pay all costs associated with abatement, remediation or government enforcement actions arising from Tenant's breach its share of the foregoing covenantcost within fifteen (15) days after receipt of the invoice therefor. This obligation of Tenant shall give Landlord immediate notice survive the expiration or earlier termination of the release of any hazardous materials in or about the Premises, and of Tenant's receipt of any notice or communication from any government authority or other person concerning compliance of the Premises with any law or regulation pertaining to health, safety or the environment ("Environmental Law"), or of the discovery of any condition which violates or may violate Environmental Law other shall be by certified or registered mail, return receipt requestedthis Lease.

Condition of Leased Premises. Tenant hereby acknowledges that Tenant has had an opportunity to thoroughly inspect examined the Leased leased premises prior to the date signing of the occupancy, therefore, except as specifically provided herein. Tenant hereby accepts the Lease Premises "AS IS" in its condition as existing as of the date of the occupancy, without any representation or warranty, express or implied, oral or written, concerning the condition, usabilitythis Lease, or habitability of the Leased Premises subject to all applicable Zoning, municipal, county, state and Federal Laws, ordinances and regulations governing the regulating of the use of the Leased Premises, and Tenant hereby accepts this Lease subject thereto and all matters disclosed thereby and by any exhibits attached thereto, except that (i) heating, cooling and plumbing systems shall be in operable working condition and (ii) the exterior roof shall be water tight, as of the date of occupancy, and the Landlord shall provide Tenant with written confirmation that same has been inspected by duly qualified professionalknowingly waived said examination. Tenant acknowledges that neither Landlord nor Landlord's Agent Tenant has made not relied on any representations made by Landlord or warranty as Landlord’s agents regarding the condition of the leased premises and that Tenant takes premises in its AS-IS condition with no express or implied warranties or representations beyond those contained herein or required by applicable Massachusetts law. Tenant agrees not to damage the premises through any act or omission, and to be responsible for any damages sustained through the acts or omissions of Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests. If such damages are incurred, Tenant is required to pay for any resulting repairs at the same time and in addition to the suitability next month’s rent payment, with consequences for non-payment identical to those for non- payment of rent described herein. At the expiration or termination of the Leased Premises for Lease, Tenant shall return the conduct leased premises in as good condition as when taken by Tenant at the commencement of Tenant's business. Tenant's occupancy indicates his approval and it will be presumed that the Leased Premises are satisfactory and the Lease shall remain in full force and effect as if the Tenant had given Landlord notification that the Leased Premises are suitable for Tenant's business needs. Tenant hereby agrees to indemnifylease, defend, and hold harmless Landlord for its failure by reason of any breach of this covenant, including any and all costs, fees, penalties and any other liabilities incurred by Landlord resulting from such violation of this covenant. In addition to any other rights and remedies, Landlord may require Tenant to, immediately upon demand, xxxxx any release of hazardous materials using licensed contractors approved by Landlord, or Landlord may without notice cause the work to be performed on behalf of Tenantwith only normal wear-and-tear accepted. Tenant shall pay all costs associated with abatementhave the right to remove from the premises Tenant’s fixtures placed thereon by Tenant at his expense, remediation or government enforcement actions arising from provided, however, that Tenant in effecting removal, shall restore the leased premises to as good, safe, sound, orderly and sightly condition as before the addition of Tenant's breach of the foregoing covenant’s fixture. Failing this, Tenant shall give Landlord immediate notice of the release of any hazardous materials in or about the Premises, and of Tenant's receipt of any notice or communication from any government authority or other person concerning compliance of the Premises with any law or regulation pertaining be obligated to health, safety or the environment ("Environmental Law"), or of the discovery of any condition which violates or may violate Environmental Law other shall be by certified or registered mail, return receipt requestedpay for repairs as stated above.

Condition of Leased Premises. Tenant has had an opportunity to thoroughly inspect the Leased premises prior to the date of the occupancy, therefore, except as specifically provided herein. Tenant hereby accepts the Lease Premises "AS IS" in its condition as existing as of the date of the occupancy, without any representation or warranty, express or implied, oral or written, concerning the condition, usability, or habitability The improvement of the Leased Premises subject by Landlord shall be accomplished in accordance with Exhibit B attached hereto. In no event shall Tenant be entitled to all applicable Zoningany credit against, municipalor abatement of, countyRent due to the existence of any PunchList Items. No promise of Landlord to alter, state remodel or improve the Leased Premises or the Property and Federal Laws, ordinances and regulations governing no representation by Landlord or its agents respecting the regulating condition of the use Leased Premises or the Property has been made to Tenant or relied upon by Tenant other than as may be contained in Exhibit B attached to this Lease. By taking possession of the Leased Premises, and the Tenant hereby accepts this Lease subject thereto and all matters disclosed thereby and by any exhibits attached thereto, except that (i) heating, cooling and plumbing systems shall be the Leased Premises in operable working condition and (ii) the exterior roof shall be water tight, as of the date of occupancyBuilding in its "As Is" condition, and the taking of the possession of the Leased Premises by the Tenant shall be conclusive evidence that the Leased Premises and the Building are in good and satisfactory condition, except for Latent Defects and uncompleted PunchList Items. Landlord shall provide complete the PunchList Items within forty-five (45) days following Landlord's approval, which approval shall not be unreasonably withheld, delayed or conditioned, of a list of the PunchList Items submitted to Landlord by Tenant with written confirmation that same after the Commencement Date. Such forty-five (45) day period shall be extended to the extent Landlord's completion of the PunchList Items is delayed by any act of God, strike, lock out, labor difficulty, explosion, sabotage, accident, riot, civil commotion, act of war, result of any warfare or warlike condition in this or any foreign country, fire or other casualty, legal requirement, energy shortage or cause beyond the reasonable control of Landlord and Landlord has been inspected by duly qualified professionalnevertheless used reasonably diligent efforts to complete any uncompleted PunchList Items. Landlord shall have access to the Leased Premises at all reasonable times in order to complete the PunchList Items. Tenant acknowledges that neither Landlord nor Landlord's Agent has made any representations or warranty as to the suitability completion of the Leased Premises for PunchList Items may cause interference with the conduct of Tenant's business. Tenant's occupancy indicates his approval and it will be presumed that business in the Leased Premises are satisfactory and the Lease shall remain in full force and effect as if the Tenant had given Landlord notification that the Leased Premises are suitable for Tenant's business needs. Tenant hereby agrees to indemnify, defend, and hold harmless Landlord for its failure by reason of any breach of this covenant, including waives any and all costs, fees, penalties and any other liabilities incurred by Landlord resulting from such violation of this covenant. In addition to any other rights and remediesremedies it has with respect to such interference; however, Landlord may require Tenant to, immediately upon demand, xxxxx any release of hazardous materials using licensed contractors approved by Landlord, or Landlord may without notice cause the work agrees to be performed on behalf of Tenant. Tenant shall pay all costs associated with abatement, remediation or government enforcement actions arising from Tenant's breach of the foregoing covenant. Tenant shall give Landlord immediate notice of the release of any hazardous materials in or about the Premises, and of Tenant's receipt of any notice or communication from any government authority or other person concerning compliance of the Premises with any law or regulation pertaining use reasonable efforts to health, safety or the environment ("Environmental Law"), or of the discovery of any condition which violates or may violate Environmental Law other shall be by certified or registered mail, return receipt requestedminimize such interference.

Condition of Leased Premises. Tenant has had an opportunity to thoroughly inspect the Leased premises prior to the date of the occupancy, therefore, except as specifically provided herein. Tenant hereby accepts the Lease Leased Premises in their "AS AS-IS" in its condition as condition, and Landlord shall have no obligation to perform any work therein (including, without limitation, demolition of any improvements existing as therein or construction of any tenant finish-work or other improvements therein), and shall not be obligated to reimburse Tenant or provide an allowance for any costs related to the demolition or construction of improvements therein except for completion of the date Landlord Work (defined below) in accordance with Exhibit LW. No agreement of Landlord to alter, remodel, decorate, clean or improve the occupancyLeased Premises or the Building (or to provide Tenant with any credit or allowance for the same), without any representation or warranty, express or implied, oral or written, concerning and no representations regarding the condition, usability, or habitability condition of the Leased Premises subject or the Building have been made by or on the behalf of Landlord or relied upon by Tenant other than with respect to all applicable Zoningthe Landlord Work and the Tenant Improvement Allowance, municipal, county, state as set forth in Section 17.25 and Federal Laws, ordinances and regulations governing the regulating of the use of the Leased Premises, as described in Exhibit LW. Landlord and Tenant hereby accepts this Lease subject thereto and all matters disclosed thereby and by expressly disclaim any exhibits attached thereto, except that (i) heating, cooling and plumbing systems shall be in operable working condition and (ii) the exterior roof shall be water tight, as of the date of occupancy, and the Landlord shall provide Tenant with written confirmation that same has been inspected by duly qualified professional. Tenant acknowledges that neither Landlord nor Landlord's Agent has made any representations or implied warranty as to the suitability of the Leased Premises for the conduct of Tenant's business. Tenant's occupancy indicates his approval and it will be presumed that the Leased Premises are satisfactory and the Lease shall remain in full force and effect as if the Tenant had given Landlord notification that the Leased Premises are suitable for Tenant's business needs. Tenant hereby agrees to indemnify, defendintended commercial purpose, and hold harmless Tenant's obligation to pay rent hereunder is not dependent upon the condition of the Leased Premises or the performance by Landlord for of its failure by reason obligations hereunder (excepting the substantial completion of the Landlord Work (defined below) pursuant to Section 17.25 below), and, except as otherwise expressly provided herein, Tenant shall continue to pay the rent, without abatement, setoff or deduction, notwithstanding any breach of this covenant, including any and all costs, fees, penalties and any other liabilities incurred by Landlord resulting from such violation of this covenantits duties or obligations hereunder, whether express or implied. In addition Except with respect to any other rights and remediesthe Landlord Work, Landlord may require Tenant to, immediately upon demand, xxxxx any release of hazardous materials using licensed contractors approved by Landlord, or Landlord may without notice cause the work to be performed on behalf of Tenant. Tenant shall pay all costs associated with abatement, remediation or government enforcement actions arising from Tenant's breach taking possession of the foregoing covenant. Tenant shall give Landlord immediate notice of the release of any hazardous materials in or about the Premises, and of Tenant's receipt of any notice or communication from any government authority or other person concerning compliance of the Leased Premises with any law or regulation pertaining to health, safety or the environment ("Environmental Law"), or of the discovery of any condition which violates or may violate Environmental Law other shall be by certified or registered mail, return receipt requestedconclusive evidence that the Leased Premises were in good order and satisfactory condition when Tenant took possession.

Condition of Leased Premises. (a) Tenant has had an opportunity to thoroughly inspect personally inspected the Leased premises Premises and accepts the same “AS IS” without representation or warranty by Landlord of any kind, except as otherwise expressly set forth herein; provided, however, nothing herein shall be deemed to negate Landlord’s maintenance and repair obligations as expressly set forth herein. Tenant shall be responsible for constructing the interior improvements within the Leased Premises as described in Exhibit B-1 attached hereto (the “Tenant Improvements”). Landlord hereby approves (i) Xxxxxxx Xxxx Partners, Inc., HESM&, Inc., Xxxxxx, Xxxxx & Associates, Inc., and Facilities Consulting Services, Inc., as Tenant’s architect/engineer, (ii) Xxxxxx Construction Co. as Tenant’s construction contractor, (iii) Xxxxxxx & Xxxxxx as Tenant’s electrical subcontractor, and (iv) Xxxxxxx and Xxxxx as Tenant’s mechanical and plumbing subcontractor. Promptly following the execution of this Lease, Tenant shall forward to its architect/engineer (and copy Landlord on the transmittal) Landlord’s building standards heretofore delivered to Tenant, and Tenant shall cause its architect/engineer to comply with said building standards. Promptly following the execution of this Lease, Tenant shall forward to its contractor (and copy Landlord on the transmittal) Landlord’s mechanical, electrical and plumbing specifications and Landlord’s rules of conduct, all of which have been delivered to Tenant prior to the date of the occupancy, therefore, except as specifically provided herein. Tenant hereby accepts the Lease Premises "AS IS" in its condition as existing as of the date of the occupancy, without any representation or warranty, express or implied, oral or written, concerning the condition, usability, or habitability of the Leased Premises subject to all applicable Zoning, municipal, county, state and Federal Laws, ordinances and regulations governing the regulating of the use of the Leased Premisesthis Lease, and Tenant hereby accepts this Lease subject thereto shall cause said contractor to comply with said specifications and all rules of conduct. At Landlord’s request, Tenant shall coordinate a meeting among Landlord, Tenant and Tenant’s contractor to discuss the Building systems and other matters disclosed thereby and by any exhibits attached thereto, except that (i) heating, cooling and plumbing systems shall be in operable working condition and (ii) related to the exterior roof shall be water tight, as construction of the date of occupancy, and the Landlord shall provide Tenant with written confirmation that same has been inspected by duly qualified professional. Tenant acknowledges that neither Landlord nor Landlord's Agent has made any representations or warranty as to the suitability of the Leased Premises for the conduct of Tenant's business. Tenant's occupancy indicates his approval and it will be presumed that the Leased Premises are satisfactory and the Lease shall remain in full force and effect as if the Tenant had given Landlord notification that the Leased Premises are suitable for Tenant's business needs. Tenant hereby agrees to indemnify, defend, and hold harmless Landlord for its failure by reason of any breach of this covenant, including any and all costs, fees, penalties and any other liabilities incurred by Landlord resulting from such violation of this covenant. In addition to any other rights and remedies, Landlord may require Tenant to, immediately upon demand, xxxxx any release of hazardous materials using licensed contractors approved by Landlord, or Landlord may without notice cause the work to be performed on behalf of Tenant. Tenant shall pay all costs associated with abatement, remediation or government enforcement actions arising from Tenant's breach of the foregoing covenant. Tenant shall give Landlord immediate notice of the release of any hazardous materials in or about the Premises, and of Tenant's receipt of any notice or communication from any government authority or other person concerning compliance of the Premises with any law or regulation pertaining to health, safety or the environment ("Environmental Law"), or of the discovery of any condition which violates or may violate Environmental Law other shall be by certified or registered mail, return receipt requestedImprovements.

Condition of Leased Premises. Tenant hereby acknowledges that Tenant has had an opportunity to thoroughly inspect examined the Leased leased premises prior to the date signing of the occupancy, therefore, except as specifically provided herein. Tenant hereby accepts the Lease Premises "AS IS" in its condition as existing as of the date of the occupancy, without any representation or warranty, express or implied, oral or written, concerning the condition, usabilitythis Lease, or habitability of the Leased Premises subject to all applicable Zoning, municipal, county, state and Federal Laws, ordinances and regulations governing the regulating of the use of the Leased Premises, and Tenant hereby accepts this Lease subject thereto and all matters disclosed thereby and by any exhibits attached thereto, except that (i) heating, cooling and plumbing systems shall be in operable working condition and (ii) the exterior roof shall be water tight, as of the date of occupancy, and the Landlord shall provide Tenant with written confirmation that same has been inspected by duly qualified professionalknowingly waived said examination. Tenant acknowledges that neither Landlord nor Landlord's Agent Tenant has made not relied on any representations made by Landlord or warranty as Landlord’s agents regarding the condition of the leased premises and that Tenant takes premises in its AS-IS condition with no express or implied warranties or representations beyond those contained herein or required by applicable Tennessee law. Tenant agrees not to damage the premises through any act or omission, and to be responsible for any damages sustained through the acts or omissions of Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests. If such damages are incurred, Tenant is required to pay for any resulting repairs at the same time and in addition to the suitability next month’s rent payment, with consequences for non-payment identical to those for non-payment of rent described herein. At the expiration or termination of the Leased Premises for Lease, Tenant shall return the conduct leased premises in as good condition as when taken by Tenant at the commencement of Tenant's business. Tenant's occupancy indicates his approval and it will be presumed that the Leased Premises are satisfactory and the Lease shall remain in full force and effect as if the Tenant had given Landlord notification that the Leased Premises are suitable for Tenant's business needs. Tenant hereby agrees to indemnifylease, defend, and hold harmless Landlord for its failure by reason of any breach of this covenant, including any and all costs, fees, penalties and any other liabilities incurred by Landlord resulting from such violation of this covenant. In addition to any other rights and remedies, Landlord may require Tenant to, immediately upon demand, xxxxx any release of hazardous materials using licensed contractors approved by Landlord, or Landlord may without notice cause the work to be performed on behalf of Tenantwith only normal wear-and- tear excepted. Tenant shall pay all costs associated with abatementhave the right to remove from the premises Tenant’s fixtures placed thereon by Tenant at his expense, remediation or government enforcement actions arising from provided, however, that Tenant in effecting removal, shall restore the leased premises to as good, safe, sound, orderly and sightly condition as before the addition of Tenant's breach of the foregoing covenant’s fixture. Failing this, Tenant shall give Landlord immediate notice of the release of any hazardous materials in or about the Premises, and of Tenant's receipt of any notice or communication from any government authority or other person concerning compliance of the Premises with any law or regulation pertaining be obligated to health, safety or the environment ("Environmental Law"), or of the discovery of any condition which violates or may violate Environmental Law other shall be by certified or registered mail, return receipt requestedpay for repairs as stated above.

Condition of Leased Premises. (a) Tenant has had an opportunity to thoroughly inspect personally inspected the Leased premises Premises and accepts the same "AS IS" without representation or warranty by Landlord of any kind except as otherwise expressly set forth in the Lease. Tenant shall be responsible for constructing the interior improvements within the Leased Premises (the "Tenant Improvements"). Tenant's proposed architect/engineer, general contractor, and fire protection, plumbing, HVAC and electrical subcontractors are subject to Landlord's prior approval, which approval shall not be unreasonably withheld or delayed. Promptly following the selection and approval of the architect/engineer, Tenant shall forward to said architect/engineer (and copy Landlord on the transmittal) Landlord's building standards heretofore delivered to Tenant (the "Building Standards"), and Tenant shall cause said architect/engineer to comply with said Building Standards. Promptly following the selection and approval of the general contractor, Tenant shall forward to said general contractor (and copy Landlord on the transmittal) Landlord's fire protection, plumbing, HVAC and electrical specifications and Landlord's rules of conduct (collectively, the "Landlord Specifications"), all of which have been delivered to Tenant prior to the date of the occupancy, therefore, except as specifically provided herein. Tenant hereby accepts the Lease Premises "AS IS" in its condition as existing as of the date of the occupancy, without any representation or warranty, express or implied, oral or written, concerning the condition, usability, or habitability of the Leased Premises subject to all applicable Zoning, municipal, county, state and Federal Laws, ordinances and regulations governing the regulating of the use of the Leased Premisesthis Lease, and Tenant hereby accepts this Lease subject thereto shall cause said general contractor to comply with said Landlord Specifications. At Landlord's request, Tenant shall coordinate a meeting among Landlord, Tenant and all Tenant's general contractor to discuss the Building systems and other matters disclosed thereby and by any exhibits attached thereto, except that (i) heating, cooling and plumbing systems shall be in operable working condition and (ii) related to the exterior roof shall be water tight, as construction of the date of occupancy, and the Landlord shall provide Tenant with written confirmation that same has been inspected by duly qualified professional. Tenant acknowledges that neither Landlord nor Landlord's Agent has made any representations or warranty as to the suitability of the Leased Premises for the conduct of Tenant's business. Tenant's occupancy indicates his approval and it will be presumed that the Leased Premises are satisfactory and the Lease shall remain in full force and effect as if the Tenant had given Landlord notification that the Leased Premises are suitable for Tenant's business needs. Tenant hereby agrees to indemnify, defend, and hold harmless Landlord for its failure by reason of any breach of this covenant, including any and all costs, fees, penalties and any other liabilities incurred by Landlord resulting from such violation of this covenant. In addition to any other rights and remedies, Landlord may require Tenant to, immediately upon demand, xxxxx any release of hazardous materials using licensed contractors approved by Landlord, or Landlord may without notice cause the work to be performed on behalf of Tenant. Tenant shall pay all costs associated with abatement, remediation or government enforcement actions arising from Tenant's breach of the foregoing covenant. Tenant shall give Landlord immediate notice of the release of any hazardous materials in or about the Premises, and of Tenant's receipt of any notice or communication from any government authority or other person concerning compliance of the Premises with any law or regulation pertaining to health, safety or the environment ("Environmental Law"), or of the discovery of any condition which violates or may violate Environmental Law other shall be by certified or registered mail, return receipt requestedImprovements.

Condition of Leased Premises. a. Landlord represents that it will assume responsibility of the structural integrity of the building otherwise, Tenant has had an opportunity to thoroughly inspect accepts the Leased premises prior to the date of the occupancy, therefore, except as specifically provided herein. Tenant hereby accepts the Lease Premises in "AS IS" in its condition as existing as of the date of the occupancy, without any representation or warranty, express or implied, oral or written, concerning the condition, usabilityit being hereby expressly understood that Landlord has made no representations or warranties with respect to such Leased Premises and that Tenant has inspected the same and is satisfied therewith; except as otherwise provided herein, or habitability and except that Landlord represents that at the commencement of this Lease Term the heating and cooling systems shall be in good operating condition. No representations regarding the duct work shall be included in this representation. Tenant agrees to hook up all utilities prior to taking occupancy of the Leased Premises subject to so that the heating and cooling systems can be started. Upon acknowledgement by the Tenant that the Systems are in good working order, all applicable Zoningfuture maintenance, municipalrepair, county, state and Federal Laws, ordinances and regulations governing the regulating replacement or alterations of the use systems shall be the sole responsibility of the Tenant. Landlord further represents that the roof shall be free of leaks and shall repair, replace and maintain the roof during the term of this Lease except as otherwise provided for herein. Tenant acknowledges that there is substantial heating and cooling machinery on the roof and Tenant will take steps necessary to avoid damage to the roof during maintenance and repair of said machinery. Landlord shall not be responsible for any damage to the roof, or repairs to the roof caused by the negligence of the Tenant, its agents, employees, and repairmen caused to the roof. In the event Landlord is required to replace the roof during the term of this Lease (or any option period), then upon completion of the roof Landlord will make Tenant a joint guarantor on any roof guarantees. Thereafter any and all subsequent repairs to the roof shall be the sole responsibility of the Tenant provided, however, if at any time during the last year of the term (provided Tenant does not exercise its option to renew the Lease) Tenant shall be required to spend in excess of $10,000 to repair or replace the roof, then Tenant shall have the right to offset the expense incurred by Tenant to repair or replace the roof against the rent payable under the Lease, which offset shall be applied equally against the remaining monthly installments over the balance of the term. Except as otherwise provided herein, during the term of this Lease, TENANT, at its sole cost and expense, shall keep the Leased Premises and every part thereof, including all buildings at any time situated thereon, in a clean condition and in good repair and shall maintain the Leased Premises so that in all respects and at all times they fully comply with all lawful health and police regulations. To the best of Landlord's knowledge, Landlord has not received notice of violation of any state, federal or local law affecting the Leased Premises including any asbestos or hazardous materials in the premises or the land, and Landlord is not aware that any of the same exists upon the Leased Premises. Landlord further represents that in the event any asbestos is subsequently discovered in the building, which reasonably appears to have been incurred or installed prior to the occupancy of the Leased Premises by the Tenant, then Landlord agrees to spend a maximum of $25,000.00 in total for the cost of removal of the same. In the event the cost of removal exceeds $25,000.00, the Landlord has the right to terminate this Lease upon twenty (20) days notice to Tenant, provided, however, that Tenant may elect to countermand Landlord's termination notice and elect to continue with the tenancy without abatement or set off and if same shall be required, bear the additional cost of removal of the asbestos. If Tenant shall not countermand Landlord's termination notice, the Lease shall be deemed canceled and of no further force and effect. If asbestos or hazardous materials are found on the Leased Premises, the rent payable hereunder and Tenant hereby accepts this Lease subject thereto and all matters disclosed thereby and by any exhibits attached thereto, except that (i) heating, cooling and plumbing systems shall be in operable working condition and (ii) the exterior roof shall be water tight, as term of the date Lease shall abatx xxxing the period of occupancy, and the Landlord shall provide Tenant with written confirmation that same has been inspected by duly qualified professionalremoval only if said removal substantially impairs Tenant's ability to do business or perform any alteration work. Tenant acknowledges that neither Landlord nor Landlord's Agent has made any representations Any hazardous waste permitted or warranty as to the suitability of suffered upon the Leased Premises for subsequent to the conduct commencement of Tenant's business. Tenant's occupancy indicates his approval this Lease shall be the sole responsibility of the Tenant and it will be presumed that any hazardous waste found to exist upon the Leased Premises are satisfactory and prior to the commencement of the Lease shall remain in full force and effect as if be the Tenant had given Landlord notification that the Leased Premises are suitable for Tenant's business needs. Tenant hereby agrees to indemnify, defend, and hold harmless Landlord for its failure by reason sole responsibility of any breach of this covenant, including any and all costs, fees, penalties and any other liabilities incurred by Landlord resulting from such violation of this covenant. In addition to any other rights and remedies, Landlord may require Tenant to, immediately upon demand, xxxxx any release of hazardous materials using licensed contractors approved by Landlord, or Landlord may without notice cause the work to be performed on behalf of Tenant. Tenant shall pay all costs associated with abatement, remediation or government enforcement actions arising from Tenant's breach of the foregoing covenant. Tenant shall give Landlord immediate notice of the release of any hazardous materials in or about the Premises, and of Tenant's receipt of any notice or communication from any government authority or other person concerning compliance of the Premises with any law or regulation pertaining to health, safety or the environment ("Environmental Law"), or of the discovery of any condition which violates or may violate Environmental Law other shall be by certified or registered mail, return receipt requested.

Condition of Leased Premises. (a) As a material inducement to Landlord to execute and deliver this Lease, Tenant has had an opportunity to thoroughly inspect agrees that it will accept the Leased premises prior Premises and leasehold improvements therein, and the Property, in their AS IS condition, WITH ALL FAULTS, except that this shall not be construed to the date of the occupancy, thereforeexcuse Landlord from Landlord’s obligations (if any) to construct any leasehold improvements required to be constructed by Landlord in accordance with Exhibit C hereto. Tenant acknowledges that, except as expressly set forth in this Lease, neither Landlord nor anyone acting or purporting to act as Landlord's representative or agent has made (and Landlord hereby specifically provided herein. Tenant hereby accepts disclaims any and all) (i) representations and warranties of any kind or character as to the Lease Premises "AS IS" in its condition as existing as of the date of Leased Premises (other than any leasehold improvements to be constructed by Landlord in accordance with Exhibit C hereto) or the occupancyProperty, without or as to any representation other matter whatsoever (whether similar or warrantydissimilar to the foregoing), either express or implied, oral including without limitation, warranties of fitness of the Leased Premises or written, concerning any other portion of the condition, usabilityProperty for any particular purpose or use, or commercial habitability of the Leased Premises subject to all applicable Zoning, municipal, county, state and Federal Laws, ordinances and regulations governing the regulating or any other portion of the use of the Leased PremisesProperty, and Tenant hereby accepts this Lease subject thereto and all matters disclosed thereby and by any exhibits attached thereto, except that (i) heating, cooling and plumbing systems shall be in operable working condition and or (ii) any promises to alter, improve or repair the exterior roof shall Leased Premises or Property (except as may be water tightexpressly set forth in Exhibit C hereto or elsewhere in this Lease). Without limiting the foregoing, as of the date of occupancy, and the Landlord shall provide Tenant with written confirmation that same has been inspected by duly qualified professional. Tenant acknowledges that neither Landlord nor Landlord's Agent has made any representations or warranty as to the suitability of does not warrant that (1) the Leased Premises for or the conduct of Tenant's business. Tenant's occupancy indicates his approval and it will be presumed Property is free from Hazardous Substances, or (2) that the Leased Premises or Property are satisfactory and the Lease shall remain or will be in full force and effect as if the Tenant had given Landlord notification that the Leased Premises are suitable for Tenant's business needs. Tenant hereby agrees to indemnify, defendcompliance with any Applicable Laws, and hold harmless Landlord for its failure by reason Tenant agrees that no presence of any breach such materials, nor the existence now or in the future of this covenantany such noncompliance, including shall constitute an eviction, actual or constructive, of Tenant 175368 2031.0 Synthesis Energy Systems – 12.7.07 nor entitle Tenant to an offset, credit or defense against any and all costsof its obligations hereunder, fees, penalties and any other liabilities incurred by Landlord resulting from such violation of this covenant. In addition nor entitle Tenant to any other rights and remedies, against Landlord may require Tenant to, immediately upon demand, xxxxx any release of hazardous materials using licensed contractors approved by or Landlord, or Landlord may without notice cause the work to be performed on behalf of Tenant. Tenant shall pay all costs associated with abatement, remediation or government enforcement actions arising from Tenant's breach of the foregoing covenant. Tenant shall give Landlord immediate notice of the release of any hazardous materials in or about the Premises, and of Tenant's receipt of any notice or communication from any government authority or other person concerning compliance of the Premises with any law or regulation pertaining to health, safety or the environment ("Environmental Law"), or of the discovery of any condition which violates or may violate Environmental Law other shall be by certified or registered mail, return receipt requested’s Related Parties.

Condition of Leased Premises. Tenant has had an opportunity examined the Buildings. Subject to thoroughly inspect the Leased premises prior to the date of the occupancyLandlord’s obligations under Section 7, therefore, except as specifically provided herein. Tenant hereby accepts the Lease Premises "AS IS" in its condition as existing as of the date Buildings in their AS-IS, WHERE-IS CONDITION, WITH ALL FAULTS. Landlord has not agreed to pay for or make any tenant or leasehold improvements as consideration for Tenant’s execution and delivery of this Lease. Except as expressly set forth in this Lease, Landlord and Landlord’s agents have made no warranties, representations, statements or promises with respect to (a) the rentable or usable square footage of the occupancy, without any representation or warranty, express or implied, oral or written, concerning the condition, usabilityBuildings, or habitability (b) the suitability of the Leased Premises subject Buildings for any particular use or purpose. No rights, easements or licenses are acquired by Tenant under this Lease except as expressly set forth herein or to all applicable Zoningthe extent such rights, municipal, county, state easements or licenses have been or will be acquired by Landlord through ownership of the Buildings and Federal Laws, ordinances and regulations governing the regulating of relate to the use of the Leased PremisesBuildings, and in which event Tenant hereby accepts this Lease subject thereto and all matters disclosed thereby and by any exhibits attached thereto, except that (i) heating, cooling and plumbing systems shall be entitled to the nonexclusive exercise of the Landlord’s rights thereunder in operable working condition its possession and (ii) use of the exterior roof shall be water tightBuildings. Notwithstanding any of the foregoing, in the event the Buildings or any portion thereof, as of the date hereof, do not comply in all material respects with Legal Requirements, and/or the current zoning for the Buildings or any of occupancythem does not permit the use of the Buildings for their Permitted Use, and Tenant deems it necessary to obtain another location for its operations, then Tenant may terminate this Lease, without liability therefor as to the Landlord Building(s) so affected. Upon such termination, this Lease shall provide Tenant with written confirmation that same has been inspected by duly qualified professional. Tenant acknowledges that terminate as to the Buildings so affected and neither Landlord nor Landlord's Agent has made Tenant shall have any representations or warranty further liability to each other hereunder as to the suitability Building(s) subject to such termination, except for such obligations that are expressly stated to survive the termination hereof. If Tenant so terminates this Lease as to less than all of the Leased Premises Buildings, then the Base Rent shall be reduced to the amount allocated on Exhibit B to the Building(s) that continue to be subject to this Lease after such termination. The Tenant shall have the right to use all drives and parking areas in the vicinity of the Buildings as reasonably required for the conduct of Tenant's business. Tenant's occupancy indicates his approval ’s operation and it will be presumed that the Leased Premises are satisfactory and the Lease shall remain in full force and effect as if the Tenant had given Landlord notification that the Leased Premises are suitable for Tenant's business needs. Tenant hereby agrees to indemnify, defend, and hold harmless Landlord for its failure by reason of any breach of this covenant, including any and all costs, fees, penalties and any other liabilities incurred by Landlord resulting from such violation of this covenant. In addition to any other rights and remedies, Landlord may require Tenant to, immediately upon demand, xxxxx any release of hazardous materials using licensed contractors approved by Landlord, or Landlord may without notice cause the work to be performed on behalf of Tenant. Tenant shall pay all costs associated with abatement, remediation or government enforcement actions arising from Tenant's breach use of the foregoing covenant. Tenant shall give Landlord immediate notice of the release of any hazardous materials in or about the Premises, and of Tenant's receipt of any notice or communication from any government authority or other person concerning compliance of the Premises with any law or regulation pertaining to health, safety or the environment ("Environmental Law"), or of the discovery of any condition which violates or may violate Environmental Law other shall be by certified or registered mail, return receipt requestedBuildings.

Condition of Leased Premises. The Leased Premises are leased to Tenant has had on an opportunity to thoroughly inspect the Leased premises prior to the date of the occupancy“as is, therefore, except as specifically provided herein. Tenant hereby accepts the Lease Premises "AS IS" in its condition as existing where is” basis as of the date Commencement Date. Except as expressly set forth herein, neither Landlord nor Landlord’s agents have made any representations or promises with respect to the physical condition of the occupancyBuilding, without the Land upon which it is erected or the Leased Premises, the rents, leases, expenses of operation or any representation other matter or warrantything affecting or related to the Leased Premises except as herein expressly set forth and no rights, express easements or implied, oral licenses are acquired by Tenant by implication or written, concerning otherwise except as expressly set forth in the provisions of this Lease. Tenant has inspected the Leased Premises and is thoroughly acquainted with their condition, usabilityand agrees to take the same “as is, or habitability where is” as of the Commencement Date, and Tenant acknowledges that the taking of possession of the Leased Premises subject to all applicable Zoning, municipal, county, state and Federal Laws, ordinances and regulations governing the regulating of the use of by Tenant shall be conclusive evidence that the Leased PremisesPremises were in good and satisfactory condition at the time such possession was so taken. Notwithstanding the foregoing, and Tenant hereby accepts this Lease subject thereto and all matters disclosed thereby and by any exhibits attached theretoLandlord represents that it has a valid certificate of occupancy for the Building, except that (i) heatingand, cooling and plumbing systems shall be in operable working condition and (ii) to the exterior roof shall be water tightbest of Landlord’s knowledge, as of the date Effective Date, there are no violations assessed against the Building, or any part thereof. To the extent Landlord learns of occupancyany violation or violations assessed against the Building, and curing such violations is not the responsibility of Tenant pursuant to this Lease, or the responsibility of any other tenant of the Building, Landlord shall provide Tenant with written confirmation that same has been inspected by duly qualified professional. Tenant acknowledges that neither Landlord nor Landlord's Agent has made any representations or warranty as to the suitability of the Leased Premises bear responsibility for the conduct curing of Tenant's business. Tenant's occupancy indicates his approval and it will be presumed that the Leased Premises are satisfactory and the Lease shall remain in full force and effect as if the Tenant had given Landlord notification that the Leased Premises are suitable for Tenant's business needs. Tenant hereby agrees to indemnify, defend, and hold harmless Landlord for its failure by reason of any breach of this covenant, including any and all costs, fees, penalties and any other liabilities incurred by Landlord resulting from such violation of this covenant. In addition to any other rights and remedies, Landlord may require Tenant to, immediately upon demand, xxxxx any release of hazardous materials using licensed contractors approved by Landlord, or Landlord may without notice cause the work to be performed on behalf of Tenant. Tenant shall pay all costs associated with abatement, remediation or government enforcement actions arising from Tenant's breach of the foregoing covenant. Tenant shall give Landlord immediate notice of the release of any hazardous materials in or about the Premises, and of Tenant's receipt of any notice or communication from any government authority or other person concerning compliance of the Premises with any law or regulation pertaining to health, safety or the environment ("Environmental Law"), or of the discovery of any condition which violates or may violate Environmental Law other shall be by certified or registered mail, return receipt requestedviolations.

Condition of Leased Premises. The Leased Premises are leased to Tenant on an “as is” basis, subject to reasonable wear and tear. Except as expressly set forth herein, neither Landlord nor Landlord’s agents have made any representations or promises with respect to the physical condition of the Building, the Land upon which it is erected or the Leased Premises, the rents, leases, expenses of operation or any other matter or thing affecting or related to the Leased Premises except as herein expressly set forth and no rights, easements or licenses are acquired by Tenant by implication or otherwise except as expressly set forth in the provisions of this Lease. Tenant has had an opportunity to thoroughly inspect inspected the Leased premises prior to the date of the occupancy, therefore, except as specifically provided herein. Tenant hereby accepts the Lease Premises "AS IS" in its condition as existing as of the date of the occupancy, without any representation or warranty, express or implied, oral or written, concerning the and is thoroughly acquainted with their condition, usability, or habitability and agrees to take the same “as is” and Tenant acknowledges that the taking of possession of the Leased Premises subject to all applicable Zoning, municipal, county, state and Federal Laws, ordinances and regulations governing the regulating of the use of by Tenant shall be conclusive evidence that the Leased PremisesPremises were in good and satisfactory condition at the time such possession was so taken. Notwithstanding the foregoing, and Tenant hereby accepts this Lease subject thereto and all matters disclosed thereby and by any exhibits attached theretoLandlord represents that it has a valid certificate of occupancy for the Building, except that (i) heatingand, cooling and plumbing systems shall be in operable working condition and (ii) to the exterior roof shall be water tightbest of Landlord’s knowledge, as of the date Effective Date, there are no violations assessed against the Building, or any part thereof. To the extent Landlord learns of occupancyany violation or violations assessed against the Building, and curing such violations is not the responsibility of Tenant pursuant to this Lease, or the responsibility of any other tenant of the Building, Landlord shall provide Tenant with written confirmation that same has been inspected by duly qualified professional. Tenant acknowledges that neither Landlord nor Landlord's Agent has made any representations or warranty as to the suitability of the Leased Premises bear responsibility for the conduct curing of Tenant's business. Tenant's occupancy indicates his approval and it will be presumed that the Leased Premises are satisfactory and the Lease shall remain in full force and effect as if the Tenant had given Landlord notification that the Leased Premises are suitable for Tenant's business needs. Tenant hereby agrees to indemnify, defend, and hold harmless Landlord for its failure by reason of any breach of this covenant, including any and all costs, fees, penalties and any other liabilities incurred by Landlord resulting from such violation of this covenant. In addition to any other rights and remedies, Landlord may require Tenant to, immediately upon demand, xxxxx any release of hazardous materials using licensed contractors approved by Landlord, or Landlord may without notice cause the work to be performed on behalf of Tenant. Tenant shall pay all costs associated with abatement, remediation or government enforcement actions arising from Tenant's breach of the foregoing covenant. Tenant shall give Landlord immediate notice of the release of any hazardous materials in or about the Premises, and of Tenant's receipt of any notice or communication from any government authority or other person concerning compliance of the Premises with any law or regulation pertaining to health, safety or the environment ("Environmental Law"), or of the discovery of any condition which violates or may violate Environmental Law other shall be by certified or registered mail, return receipt requestedviolations.

Condition of Leased Premises. Tenant has had an opportunity to thoroughly inspect the Leased premises prior to the date of the occupancy, therefore, except as specifically provided herein. Tenant hereby accepts the Lease Leased Premises in their "AS AS-IS" in its condition as condition, and Landlord shall have no obligation to perform any work therein (including, without limitation, demolition of any improvements existing as therein or construction of any tenant finish-work or other improvements therein), and shall not be obligated to reimburse Tenant or provide an allowance for any costs related to the demolition or construction of improvements therein except for completion of the date Landlord Work (defined below) in accordance with EXHIBIT LW. No agreement of Landlord to alter, remodel, decorate, clean or improve the occupancyLeased Premises or the Building (or to provide Tenant with any credit or allowance for the same), without any representation or warranty, express or implied, oral or written, concerning and no representations regarding the condition, usability, or habitability condition of the Leased Premises subject or the Building have been made by or on the behalf of Landlord or relied upon by Tenant other than with respect to all applicable Zoning, municipal, county, state the Landlord Work as set forth in Section 17.25 and Federal Laws, ordinances and regulations governing the regulating of the use of the Leased Premises, as described in EXHIBIT LW. Landlord and Tenant hereby accepts this Lease subject thereto and all matters disclosed thereby and by expressly disclaim any exhibits attached thereto, except that (i) heating, cooling and plumbing systems shall be in operable working condition and (ii) the exterior roof shall be water tight, as of the date of occupancy, and the Landlord shall provide Tenant with written confirmation that same has been inspected by duly qualified professional. Tenant acknowledges that neither Landlord nor Landlord's Agent has made any representations or implied warranty as to the suitability of the Leased Premises for the conduct of Tenant's business. Tenant's occupancy indicates his approval and it will be presumed that the Leased Premises are satisfactory and the Lease shall remain in full force and effect as if the Tenant had given Landlord notification that the Leased Premises are suitable for Tenant's business needs. Tenant hereby agrees to indemnify, defendintended commercial purpose, and hold harmless Tenant's obligation to pay rent hereunder is not dependent upon the condition of the Leased Premises or the performance by Landlord for of its failure by reason of obligations hereunder, and, except as otherwise expressly provided herein, Tenant shall continue to pay the rent, without abatement, setoff or deduction, notwithstanding any breach of this covenant, including any and all costs, fees, penalties and any other liabilities incurred by Landlord resulting from such violation of this covenantits duties or obligations hereunder, whether express or implied. In addition to any other rights and remedies, Landlord may require Tenant to, immediately upon demand, xxxxx any release of hazardous materials using licensed contractors approved by Landlord, or Landlord may without notice cause the work to be performed on behalf of Tenant. Tenant shall pay all costs associated with abatement, remediation or government enforcement actions arising from Tenant's breach taking possession of the foregoing covenant. Tenant shall give Landlord immediate notice of the release of any hazardous materials in or about the Premises, and of Tenant's receipt of any notice or communication from any government authority or other person concerning compliance of the Leased Premises with any law or regulation pertaining to health, safety or the environment ("Environmental Law"), or of the discovery of any condition which violates or may violate Environmental Law other shall be by certified or registered mail, return receipt requestedconclusive evidence that the Leased Premises were in good order and satisfactory condition when Tenant took possession.

Condition of Leased Premises. REPAIRS 8.1 Subject to the terms ofArticle I ofthis Lease, Tenant has had an opportunity to thoroughly inspect accepts the Building, improvements, and any equipment or fixtures on or in the Leased premises prior to the date of the occupancy, therefore, except as specifically provided herein. Tenant hereby accepts the Lease Premises "AS ISas is" and in its their existing condition as existing as of the date of the occupancyand agrees that no representation, without any representation statement or warranty, express or implied, oral has been made by or written, concerning the on behalf of Landlord as to such condition, usability, or habitability as to the use that may be made of such property. 8.2 If the Leased Premises subject is now, or at any time during the term of this Lease becomes, a "Public Accommodation" under the Americans with Disabilities Act of 1990 and 1992, as amended (the "ADA"), Tenant shall, at its sole expense, be responsible for (i) compliance with Title III ofthe ADA to all applicable Zoningthe extent that the ADA imposes obligations on the procedure and design of any alterations to the Leased Premises made by Tenant, municipaland (ii) making modifications in its policies, county, state practices and Federal Laws, ordinances and regulations governing procedures in connection with the regulating operating ofTenant's business. Ifa failure to make such modifications constitutes a violation of the use ADA, Tenant shall indemnif' and hold harmless Landlord with respect to its failure to comply with the foregoing responsibilities. Any work to be performed by Tenant pursuant to this Section 8.2 shall be governed by all the provisions set forth in Section 9.1 below 8.3 Landlord shall maintain in good repair the structural integrity ofthe rooi and exterior walls of the Leased Premises, and Tenant hereby accepts this Lease subject thereto the structural beams, structural columns and all matters disclosed thereby and by any exhibits attached thereto, except that (i) heating, cooling and plumbing systems shall be in operable working condition and (ii) the exterior roof shall be water tight, as of the date of occupancyother structural parts ofthe Leased Premises, and the cost ofsuch amount shall be reimbursed to Landlord as part of the Building Common Area Maintenance Charges. Tenant shall keep, during the term hereof, at its own cost and expense, the interior of the Leased Premises, excluding the structural integrity ofthe roofand exterior walls, in as good condition as the same was at the commencement of the term hereof, reasonable wear and tear, taking by eminent domain and damage due to fire or casualty insured against excepted. Tenant shall replace, at its own cost and expense, window glass, ifany, ofthe same kind and quality, reasonable wear and tear, taking by eminent domain and damage due to fire or other casualty insued against excepted. Tenant shall replace and/or repair, at its own cost and expense, all light bulbs and lighting fixtures which are damaged, broken or cease to function during the term hereofl, with bulbs or fixtures of the same kind and quality. In addition, Tenant xxxxx maintain and repair the HVAC, heat, plumbing and electrical repairs servicing the Leased Premises and shall maintain a quarterly preventative maintenance service contract for the servicing ofthe HVAC, a copy of which shall be fumished to Landlord; however, Landlord shall provide Tenant with written confirmation that same has been inspected by duly qualified professional. Tenant acknowledges that neither Landlord nor Landlord's Agent has made any representations or warranty as to be responsible for replacement of the suitability HVAC cost ofthe full replacement of the Leased Premises for the conduct first five (5) years of Tenant's businessthis Lease. Tenant's occupancy indicates his approval Thereafter, Tenant shall be responsible for the reimbursement of cost of full replacement of the HVAC servicing the Leased Premises, which shall be amortized over a period ofseven (7) years. 8.4 Tenant shall take good care ofthe Leased Premises and it will be presumed that keep the same free from waste at all times. Tenant shall keep the Leased Premises are satisfactory and the Lease shall remain in full force sidewalks, service-ways and effect as if the Tenant had given Landlord notification that loading areas adjacent to the Leased Premises are suitable for Tenant's business needs. Tenant hereby agrees to indemnifyneat, defendclean and free from dirt or rubbish at all times, and hold harmless Landlord for its failure by reason of any breach of this covenant, including any shall store all trash and all costs, fees, penalties and any other liabilities incurred by Landlord resulting from such violation of this covenant. In addition to any other rights and remedies, Landlord may require Tenant to, immediately upon demand, xxxxx any release of hazardous materials using licensed contractors approved by Landlord, or Landlord may without notice cause garbage within the work to be performed on behalf of Tenant. Tenant shall pay all costs associated with abatement, remediation or government enforcement actions arising from Tenant's breach of the foregoing covenant. Tenant shall give Landlord immediate notice of the release of any hazardous materials in or about the Leased Premises, and of Tenant's receipt of any notice or communication from any government authority or other person concerning compliance of arranging for the Premises with any law or regulation pertaining to health, safety or the environment ("Environmental Law"), or of the discovery of any condition which violates or may violate Environmental Law other shall be by certified or registered mail, return receipt requested.regular l2

Condition of Leased Premises. If Tenant has had an opportunity is to thoroughly inspect take the Leased premises prior Premises "as is" pursuant to Section 1.01(q), Landlord shall have no obligation to prepare the Leased Premises for Tenant's use and there shall be no Landlord's Work. If Tenant is not taking the Leased Premises "as is" pursuant to Section 1.01(q), Landlord agrees at its cost and expense to complete Landlord's Work and to deliver possession of the Leased Premises to Tenant in a substantially completed condition (as defined in Section 1.02) on or before one year from the date of the occupancycommencement of Landlord's Work; provided, thereforehowever, except as specifically provided herein. Tenant hereby accepts that in the Lease Premises "AS IS" in its condition as existing as event Landlord's Work is delayed or hindered by strike, casualty, fire, injunction, inability to secure materials, or restraint of law, unusual action of the date of the occupancy, without any representation or warranty, express or implied, oral or written, concerning the condition, usabilityelements, or habitability any other cause beyond the control of Landlord, then the Leased Premises subject said period shall be extended to all applicable Zoningthe extent of such delays. If Landlord fails to commence Landlord's Work for the Shopping Center within one (1) year from the estimated Construction Commencement Date, municipalas set forth in Section 1.01 (g), countyplus any extensions agreed upon by both parties, state then Tenant or Landlord shall have the option of canceling and Federal Lawsterminating this Lease by giving notice in writing to the other party. In the event Tenant elects to terminate, ordinances it shall give Landlord written notice of its election and regulations governing if Landlord commences construction on the regulating Shopping Center (including any site work activities) within sixty (60) days, such termination shall be nullified. In the event this Lease is so terminated, Tenant shall not be liable to Landlord on account of any covenant or obligation herein contained, and any security deposit shall be refunded to Tenant. Tenant's sole remedy for the use breach of Landlord's obligations under this Section 1.06 shall be the Leased Premisesforegoing option to terminate this Lease as herein provided, and Tenant hereby accepts this Lease subject thereto and all matters disclosed thereby and by shall not have an action for damages, specific performance, or any exhibits attached thereto, except that (i) heating, cooling and plumbing systems shall be in operable working condition and (ii) the exterior roof shall be water tight, as of the date of occupancy, and the Landlord shall provide Tenant with written confirmation that same has been inspected by duly qualified professional. Tenant acknowledges that neither Landlord nor Landlord's Agent has made any representations or warranty as to the suitability of the Leased Premises for the conduct of Tenant's business. Tenant's occupancy indicates his approval and it will be presumed that the Leased Premises are satisfactory and the Lease shall remain in full force and effect as if the Tenant had given Landlord notification that the Leased Premises are suitable for Tenant's business needs. Tenant hereby agrees to indemnify, defend, and hold harmless Landlord for its failure by reason of any breach other remedy arising out of this covenant, including any and all costs, fees, penalties and any other liabilities incurred by Landlord resulting from such violation of this covenant. In addition to any other rights and remedies, Landlord may require Tenant to, immediately upon demand, xxxxx any release of hazardous materials using licensed contractors approved by Landlord, or Landlord may without notice cause the work to be performed on behalf of Tenant. Tenant shall pay all costs associated with abatement, remediation or government enforcement actions arising from Tenant's breach of the foregoing covenant. Tenant shall give Landlord immediate notice of the release of any hazardous materials in or about the Premises, and of Tenant's receipt of any notice or communication from any government authority or other person concerning compliance of the Premises with any law or regulation pertaining to health, safety or the environment ("Environmental Law"), or of the discovery of any condition which violates or may violate Environmental Law other shall be by certified or registered mail, return receipt requestedprovision.