10421 Premises Sample Clauses

10421 Premises. Landlord shall use commercially reasonable efforts to tender possession of the 10421 Premises to Tenant on the Estimated 10421 Premises Commencement Date in the condition required under Section 4.3.2 below. Tenant agrees that in the event that Landlord has not tendered possession of the 10431 Premises to Tenant in the

10421 Premises. Tenant acknowledges that, except as expressly set forth in this Lease, neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of the 10421 Premises, the 10421 Building or the Project, or with respect to the suitability of the 10421 Premises, the 10421 Building or the Project for the conduct of Tenant’s business. Tenant acknowledges that (a) it is fully familiar with the condition of the 10421 Premises and agrees to take the 10421 Premises in its condition “as is” as of the 10421 Premises Commencement Date, and (b) Landlord shall have no obligation to alter, repair or otherwise prepare the 10421 Premises for Tenant’s occupancy or to pay for or construct any improvements to the 10421 Premises, except for performance of the 10421 Landlord Work, the 10421 Tenant Improvements and Landlord’s ongoing repair and maintenance obligations hereunder. Notwithstanding the foregoing, Landlord shall deliver the 10421 Premises to Tenant with the heating, ventilating and air conditioning, electrical, lighting and plumbing systems serving the 10421 Premises in good working order, condition and repair (such obligation, “Landlord’s Delivery Obligation”). If Landlord fails to satisfy Landlord’s Delivery Obligation (a “Delivery Shortfall”), then Tenant may, as its sole and exclusive remedy, deliver notice of such failure to Landlord detailing the nature of such failure (a “Shortfall Notice”); provided, further, that any Shortfall Notice must be received by Landlord no later than the date (the “Shortfall Notice Deadline”) that is sixty (60) days after the 10421 Premises Commencement Date. In the event that Landlord receives a Shortfall Notice on or before the applicable Shortfall Notice Deadline, Landlord shall, at Landlord’s sole expense (and not as an Operating Expense), promptly remedy the Delivery Shortfall. Landlord shall not have any obligations or liabilities in connection with a failure to satisfy Landlord’s Delivery Obligation except to the extent such failure is identified by Tenant in a Shortfall Notice delivered to Landlord on or before the applicable Shortfall Notice Deadline. To the extent assignable, upon written request by Tenant, Landlord will assign to Tenant the right to enforce all warranties obtained by Landlord in connection with the 10421 Tenant Improvements; provided, however, that, notwithstanding any such assignment, Landlord shall also retain the right to enforce such warranties against the appli...