Common use of Acceptance by Tenant Clause in Contracts

Acceptance by Tenant. On the Commencement Date Landlord shall deliver vacant possession of the Premises to Tenant, free and clear of all tenants and occupants, in the condition as required pursuant to the terms expressly set forth herein. Tenant acknowledges that Tenant is currently located in a portion of the Premises pursuant to a sublease agreement and therefore Tenant is entirely familiar and knowledgeable of the condition and state of repair of the Premises and agrees that, except as otherwise expressly set forth herein, Tenant has examined the Premises and agrees to accept possession of the Premises in the condition and state of repair as which shall exist on the date hereof “AS IS”, ‘WHERE IS”. Landlord shall have no obligation whatsoever to perform any work or make any installations, alterations or improvements, or provide any material to Tenant or the Premises in order to prepare the Premises for Tenant’s occupancy or otherwise. The execution of this Lease by Tenant shall be conclusive evidence as against Tenant that, at the time such possession was so taken, the Premises and the Building were in good and satisfactory condition to the complete satisfaction of Tenant. Notwithstanding the foregoing or anything in this Lease to the contrary, Landlord shall deliver the Premises on the Commencement Date with all Building systems, including without limitation, the HVAC, electrical, plumbing and mechanical systems servicing the Building, in good working order and shall have a useful life of not less than sixty-seven (67) months.

Acceptance by Tenant. On the Commencement Date Landlord shall deliver vacant possession of the Premises to Tenant, free and clear of all tenants and occupants, in the condition as required pursuant to the terms expressly set forth herein. Tenant acknowledges that Tenant is currently located in a portion of the Premises pursuant to a sublease agreement and therefore Tenant is entirely familiar and knowledgeable of the condition and state of repair of the Premises and agrees that, except as otherwise expressly set forth herein, Tenant has examined the Premises and agrees to accept possession of the Premises in the condition and state of repair as which shall exist on the date hereof “AS IS”Commencement Date "as is" vacant and broom clean, ‘WHERE IS”. except, for those items of furniture, fixtures and equipment identified on Exhibit 3 attached hereto and made a part hereof, which items Tenant has purchased from the previous tenant of the Premises pursuant to a separate agreement between Tenant and such previous tenant, and further agrees that Landlord shall have no obligation whatsoever to perform any work or make any installations, alterations or improvements, or provide any material to Tenant or the Premises installations in order to prepare the Premises for Tenant’s 's occupancy or otherwiseexcept that Landlord shall cause the air cooling system serving the Premises to be in good working order on the Commencement Date and Landlord shall make available, upon Tenant's request, up to an additional 800 amperes of electricity to the point of connection to the Premises; it being agreed that all actual out-of-pocket costs and expenses incurred by Landlord in connection with making available such additional 800 amperes of electricity to the point of connection to the Premises shall be reimbursed by Tenant to Landlord within thirty (30) days of Landlord's rendition of bills therefor. The execution taking of this Lease possession of the Premises by Tenant shall be conclusive evidence as against Tenant that, at the time such possession was so taken, the Premises Premises, the Building and the Building air-cooling system serving the Premises were in good and satisfactory condition condition. If (i) any asbestos containing materials other than Excluded Materials (as herein after defined) in the Premises are required to be encapsulated, removed or otherwise managed as of the complete satisfaction Commencement Date to comply with applicable laws, or (ii) if as a result of Tenant's Initial Alteration any asbestos-containing materials other than the Excluded Materials are discovered and are required to be encapsulated, removed or otherwise managed to comply with applicable laws, Landlord shall encapsulate, remove or otherwise manage, at its election, same in accordance with applicable laws within a commercially reasonable time, at Landlord's expense. As used herein, the term "Excluded Materials" shall mean collectively (i) vinyl asbestos tile (VAT) and similar floor coverings, (ii) asbestos-containing materials within columns or similar enclosures (but not walls or ceilings) and (iii) any asbestos-containing materials either installed in the Premises, or disturbed, by or on behalf of Tenant. Notwithstanding the foregoing or anything in this Lease to the contraryAt Tenant's request, Landlord shall deliver the Premises on the Commencement Date provide to Tenant an ACP-5 Form with all Building systems, including without limitation, the HVAC, electrical, plumbing and mechanical systems servicing the Building, respect to Tenant's Initial Alterations promptly following Landlord's approval of Tenant's Final Plans (as defined in good working order and shall have a useful life of not less than sixty-seven (67) monthsSchedule B hereto).

Acceptance by Tenant. On Neither Landlord nor Landlord's representatives have made any representations or promises with respect to the Commencement Date Project, Building or the Premises except as herein expressly set forth. Tenant acknowledges and agrees: (a) that Tenant has been afforded ample opportunity to inspect the Premises and the Building, and has investigated their condition to the extent Tenant desires to do so, including their environmental condition, and (b) that Landlord shall deliver vacant has no obligation to remodel or to make any repairs, alterations or improvements to the Premises or the Building or remediate any condition therein, except as expressly provided in the Lease. The taking of possession of the Premises to Tenant, free and clear of all tenants and occupants, in the condition as required pursuant to the terms expressly set forth herein. Tenant acknowledges that Tenant is currently located in a portion of the Premises pursuant to a sublease agreement and therefore Tenant is entirely familiar and knowledgeable of the condition and state of repair of the Premises and agrees that, except as otherwise expressly set forth herein, Tenant has examined the Premises and agrees to accept possession of the Premises in the condition and state of repair as which shall exist on the date hereof “AS IS”, ‘WHERE IS”. Landlord shall have no obligation whatsoever to perform any work or make any installations, alterations or improvements, or provide any material to Tenant or the Premises in order to prepare the Premises for Tenant’s occupancy or otherwise. The execution of this Lease by Tenant shall be conclusive evidence evidence, as against Tenant, that Tenant thataccepts the same in its then existing condition and that the Premises, the Building and the Project were in good and satisfactory condition at the time such possession was so takentaken subject to: (i) completion of a written punchlist mutually agreed upon by Landlord and Tenant, and (ii) latent defects in any portion of Landlord's Work or the Premises reported to Landlord in writing within one hundred eighty (180) days after the Commencement Date. As Tenant's sole right and remedy, and as Landlord's sole obligation, with respect to such punchlist items and latent defects, Landlord shall, with reasonable diligence, cause such items to be completed or corrected at its own expense; Landlord shall have no responsibility, liability, duty to indemnify, defend or hold Tenant harmless from any damages, losses, claims, liabilities, awards or actions related, directly or indirectly, to such items. For purposes of this Section 2.3 latent defects shall not include any defects which were readily apparent at the Building were in good and satisfactory condition time the punchlist was delivered to the complete satisfaction of TenantLandlord. Notwithstanding the foregoing foregoing, Landlord's obligation with respect to latent defects shall not apply to equipment, materials or anything items specified by Tenant, but Landlord shall assign to Tenant Landlord's interest in this Lease any warranty from a subcontractor regarding such equipment or material after Tenant's written request for same. Landlord shall cooperate with Tenant to enforce all warranties with respect to the contrary, Landlord shall deliver the Premises on the Commencement Date with all Building systems, including without limitation, the HVAC, electrical, plumbing and mechanical systems servicing the Building, in good working order and shall have a useful life of not less than sixty-seven (67) monthswhich would reduce Tenant's maintenance obligations hereunder.

Acceptance by Tenant. On Neither Landlord nor Landlord's representatives have made any representations or promises with respect to the Commencement Date Business Center, Building or the Demised Premises except as herein expressly set forth. Tenant acknowledges and agrees: (a) that Tenant has been afforded ample opportunity to inspect the Demised Premises and the Building, and has investigated their condition to the extent Tenant desires to do so, including their environmental condition, and (b) that Landlord shall deliver vacant has no obligation to remodel or to make any repairs, alterations or improvements to the Demised Premises or the Building or to remediate any condition therein, except as expressly provided in the Lease. The taking of possession of the Demised Premises to Tenant, free and clear of all tenants and occupants, in the condition as required pursuant to the terms expressly set forth herein. Tenant acknowledges that Tenant is currently located in a portion of the Premises pursuant to a sublease agreement and therefore Tenant is entirely familiar and knowledgeable of the condition and state of repair of the Premises and agrees that, except as otherwise expressly set forth herein, Tenant has examined the Premises and agrees to accept possession of the Premises in the condition and state of repair as which shall exist on the date hereof “AS IS”, ‘WHERE IS”. Landlord shall have no obligation whatsoever to perform any work or make any installations, alterations or improvements, or provide any material to Tenant or the Premises in order to prepare the Premises for Tenant’s occupancy or otherwise. The execution of this Lease by Tenant shall be conclusive evidence evidence, as against Tenant, that Tenant thataccepts the same in its then "AS IS" condition and that the Demised Premises, the Building and the Business Center were in good and satisfactory condition at the time such possession was so takentaken subject to: (i) completion of items listed on a written punchlist mutually agreed upon by Landlord and Tenant, and (ii) latent defects in any portion of Landlord's Work reported to Landlord in writing within sixty (60) days after the Premises Commencement Date. As Tenant's sole right and remedy, and as Landlord's sole obligation, with respect to such punchlist items and latent defects, Landlord shall, with reasonable diligence, cause such items to be completed or corrected at its own expense; Landlord shall have no responsibility, liability, duty to indemnify, defend or hold Tenant harmless from any damages, losses, claims, liabilities, awards or actions related, directly or indirectly, to such items. For purposes of this Paragraph 2.3 latent defects shall not include any defects which were readily apparent at the Building were in good and satisfactory condition time the punchlist was delivered to the complete satisfaction of TenantLandlord. Notwithstanding the foregoing foregoing, Landlord's obligation with respect to latent defects shall not apply to equipment, materials or anything in this Lease to the contraryitems specified by Tenant, but Landlord shall deliver assign to Tenant Landlord's interest in any warranty from a subcontractor regarding such equipment or material after Tenant's written request for same. Landlord makes no representation or warranty regarding the Premises on Building security, and Landlord reserves the Commencement Date with all Building systems, including without limitation, right to change the HVAC, electrical, plumbing security system at any time and mechanical systems servicing the Building, in good working order and shall have a useful life of not less than sixty-seven (67) monthsfrom time to time at Landlord's sole discretion.