Condition of the Expansion Premises. Landlord shall deliver, and Tenant hereby agrees to accept, the Expansion Premises (including all improvements, furniture, fixtures, equipment, and telephone and data cabling contained within the Premises as of the Effective Date) in its “as-is” and “where-is” condition with all faults and Tenant hereby acknowledges that Landlord shall not be obligated to provide or pay for any improvement work, remodeling or refurbishment, or services related to the improvement of the Expansion Premises. Tenant’s acceptance of possession of the Expansion Premises constitutes Tenant’s acknowledgment that the Expansion Premises and Project are acceptable and in the condition required by this Second Amendment. Tenant acknowledges that Landlord has made no representation or warranty regarding the condition of the Expansion Premises. Tenant shall pay all costs and expenses associated with or arising out of the Expansion Premises. Additionally, Tenant acknowledges that it has been occupying the Original Premises prior to the Effective Date and that Tenant continues to accept the Original Premises in its current “as is” condition as of the Effective Date. Prior to commencing any construction or modification of the Expansion Premises, Tenant shall obtain Landlord’s prior written consent in accordance with Article 8 of the Original Lease and shall procure all necessary governmental permits and approvals. Prior to Tenant commencing business in the Expansion Premises, Tenant shall use best efforts to obtain a certificate of occupancy and any other governmental permits and licenses required for Tenant to use and occupy the Expansion Premises, and deliver a copy of each to Landlord. Tenant shall have any separately metered utilities and service contracts placed into Tenant’s name and Tenant shall be responsible for paying all utilities servicing the Expansion Premises from and after the Delivery Date. Landlord and Tenant stipulate and agree that the Expansion Premise contains 62,870 rentable square feet for all purposes of the Lease (as amended) and is not subject to remeasurement. Notwithstanding anything set forth herein or in the Original Lease to the contrary, Tenant may access, use, and operate from, the Original Premises and the Expansion Premises at all times, without interruption, 24 hours per day, seven days per week, in conformity with the Lease requirements.
Condition of the Expansion Premises. Having made such inspection of the Expansion Premises, the Building, Lot 1 or the Project as it deemed prudent and appropriate (including, without limitation, testing for the presence of mold), Tenant hereby accepts the Expansion Premises in their condition existing as of the Expansion Premises Delivery Date, “AS-IS” and “WITH ALL FAULTS” subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use and condition of the Expansion Premises, and any covenants or restrictions, liens, encumbrances and title exceptions of record, and accepts the lease of the Expansion Premises subject thereto and to all matters disclosed thereby and by any exhibits attached to this Amendment or the Original Lease. Except as specifically set forth in this Amendment and in the Work Letter Agreement for Expansion Premises Tenant Improvements and Interior Specification Standards attached hereto as Exhibit B and made a part hereof (the “Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Expansion Premises. Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty as to the present or future suitability of the Expansion Premises for the conduct of Tenant’s business. Neither party has been induced to enter into this Amendment by, nor is either party is relying on, any representation or warranty outside those expressly set forth in this Amendment. Neither Landlord nor anyone acting on its behalf shall be liable for, nor shall this Amendment or the Lease be subject to rescission on account of, the nondisclosure of any facts. Tenant expressly waives any right to rescission and /or damages based on nondisclosure of any facts.
Condition of the Expansion Premises. Tenant shall accept the Expansion Premises in their then as-is condition (i.e., as of the Expansion Premises Commencement Date) without any obligation on the Landlord’s part to perform any additions, alterations, improvements, demolition or other work therein or pertaining thereto; provided, however, that Landlord shall deliver the Expansion Premises to Tenant broom clean and free of all tenants, occupants and personal property and with all Building systems serving the Expansion Premises in good working order. For the avoidance of doubt, at the expiration or earlier termination of this Lease, Tenant shall not be required to remove any telecommunications cabling or wiring existing in the Expansion Premises as of the Expansion Premises Commencement Date. Tenant, at its sole cost and expense, shall perform all work necessary to prepare the Expansion Premises for Tenant’s occupancy in accordance with the terms and conditions set forth on Exhibit B-1 attached hereto except as the same is hereinafter amended, solely as Exhibit B-1 pertains to the Expansion Premises:
Condition of the Expansion Premises. Landlord agrees to deliver the Expansion Premises to Tenant in its current condition, i.e., "AS IS" and "WITH ALL FAULTS". Tenant will have the right to construct and install the leasehold improvements and tenant finish desired by Tenant in the Expansion Premises in accordance with, and subject to the limitations and conditions set forth in Section 7 of this Sixth Amendment and in the Lease. Landlord and Tenant each agree that this document constitutes the entire agreement of the parties and there were no verbal representations, warranties or understandings pertaining to this Sixth Amendment. TENANT FURTHER ACKNOWLEDGES AND AGREES THAT LANDLORD DOES HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE EXISTING PREMISES, THE EXPANSION PREMISES AND/OR THE IMPROVEMENTS LOCATED THEREIN.
Condition of the Expansion Premises. Tenant has made a complete examination and inspection of the Expansion Premises and accepts the same in its current condition, as-is, without recourse to Landlord, and Landlord shall have no obligation to complete any improvements to the Expansion Premises, or pay any allowances or costs applicable thereto, except for those items specifically listed on Exhibit B attached hereto and made a part hereof. ADDITIONALLY, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE LEASEHOLD IMPROVEMENTS IN THE EXPANSION PREMISES. ALL IMPLIED WARRANTIES WITH RESPECT THERETO, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY NEGATED AND WAIVED.
Condition of the Expansion Premises. Tenant hereby acknowledges and agrees that all work and payments that were required to be performed or made by Landlord under the Original Lease and/or the First Amendment have been performed or made. Tenant accepts the Expansion Premises in its current “as is” condition as of the date hereof and agrees that Landlord shall not be required to perform any work, make any installations or incur any expense in order to prepare the Expansion Premises for Tenant’s continued occupancy thereof.
Condition of the Expansion Premises. (a) the Tenant will accept the Expansion Premises in an “as is” condition, save and except that the Landlord shall, at its sole expense, remove one door on the demising wall and seal the opening (the “Landlord’s Work”) to ensure that the Expansion Premises meets all applicable building, fire and handicap access codes;
Condition of the Expansion Premises. Tenant shall accept the Expansion Premises in their as-is condition without any obligation on the Landlord’s part to perform any additions, alterations, improvements, demolition or other work therein or pertaining thereto. Notwithstanding the foregoing, Landlord represents that all Building systems serving the Expansion Premises are in good working order as of the Expansion Premises Commencement Date, and the Expansion Premises is broom clean and free of all tenants, occupants and personal property as of the Expansion Premises
Condition of the Expansion Premises. Landlord agrees to furnish the Expansion Premises to Tenant in its current condition, i.e., "AS IS" and "WITH ALL FAULTS". Landlord and Tenant each agree that this document constitutes the entire agreement of the parties and there were no verbal representations, warranties or understandings pertaining to this First Amendment. TENANT FURTHER ACKNOWLEDGES AND AGREES THAT LANDLORD DOES HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE PREMISES AND/OR THE IMPROVEMENTS LOCATED THEREIN.
Condition of the Expansion Premises. Except as specifically set forth in this Second Amendment and the Work Letter, Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Expansion Premises. Tenant also acknowledges that Landlord has made no representation or warranty regarding the condition of the Expansion Premises or the Building, except as specifically set forth in this Second Amendment and the Work Letter. Except for the work to be performed by Landlord as described in the Work Letter, Tenant accepts the Expansion Premises in an "as is" condition.
