Common use of Acceptance of Leased Premises Clause in Contracts

Acceptance of Leased Premises. On or before the Possession Date, Tenant and Landlord shall each execute the letter agreement in the form attached hereto as Exhibit E (the “Letter Agreement”). By its execution of the Letter Agreement or occupancy of the Leased Premises, Tenant shall be deemed to represent and certify that it has examined the Leased Premises and that it thereby accepts the Leased Premises in its condition at the time, except for the list of defects and/or omissions identified in writing prior to the Possession Date (the “Punch-List”) and latent defects, but subject, in all cases, to Landlord’s repair, maintenance and replacement obligations set forth in this Lease and to the warranty related to the Tenant Improvements, as provided in the Work Letter Agreement. After the notice provided in Section 3.03 and prior to the Possession Date, the parties shall meet in the Leased Premises to establish the Punch-List. Landlord shall review the Punch-List items with Tenant and correct all undisputed Punch- List items within a reasonable time, not to exceed thirty (30) days after receipt of the Punch- List; provided that, if any Punch-List items cannot be corrected within such thirty (30) day period despite reasonable diligence by Landlord, then, so long as Landlord commences correction of such Punch-List items within such thirty (30) day period and diligently pursues such correction to completion, no default by Landlord shall be deemed to have occurred. Punch-List items for completion taking longer than six (6) months to complete (and not otherwise the result of Force Majeure, Tenant Delay, or the COVID-19 Condition) shall trigger a day for day prorated Minimum Monthly Rent abatement. The Tenant Improvements shall be subject to a two (2) year warranty, from the Possession Date, with regard to materials, design and workmanship, as provided in more detail in the Work Letter Agreement. Tenant shall reasonably cooperate with Landlord in providing required information as needed for Landlord to pursue vendor warranties on a timely basis, as requested in writing by Landlord. Landlord will pursue any valid warranty claims against its contractor beyond the two (2) year warranty provided that any expenses incurred and/or any recovery obtained shall be treated as either additional Operating Costs or an offset to Operating Costs under Section 5.03(a).

Acceptance of Leased Premises. On or before Tenant acknowledges that: (a) it has been advised by Landlord, Landlord’s Broker and Tenant’s Broker, if any, to satisfy itself with respect to the Possession Date, Tenant and Landlord shall each execute the letter agreement in the form attached hereto as Exhibit E (the “Letter Agreement”). By its execution condition of the Letter Agreement or Leased Premises (including, without limitation, the HVAC, electrical, plumbing and other mechanical installations, fire sprinkler systems, security, environmental aspects, and compliance with applicable laws, ordinances, rules and regulations) and the present and future suitability of the Leased Premises for Tenant’s intended use; (b) Tenant has made such inspection and investigation as it deems necessary with reference to such matters and assumes all responsibility therefor as the same relate to Xxxxxx’s occupancy of the Leased PremisesPremises and the Term of this Lease; and (c) neither Landlord nor Landlord’s Broker nor any of Landlord’s agents has made any oral or written representations or warranties with respect to the condition, suitability or fitness of the Leased Premises other than as may be specifically set forth in this Lease. Tenant accepts the Leased Premises in its AS IS condition existing on the date Tenant executes this Lease, subject to all matters of record and applicable laws, ordinances, rules and regulations. Tenant acknowledges that neither Landlord nor Landlord’s Broker nor any of Landlord’s agents has agreed to undertake any alterations or additions or to perform any maintenance or repair of the Leased Premises except for the routine maintenance and janitorial work specified herein and except as may be expressly set forth in Exhibit B. If Landlord, for any reason whatsoever, cannot deliver possession of the Leased Premises to Tenant on the estimated commencement date in the condition specified in this Section 2.2, Landlord shall neither be subject to any liability nor shall the validity of this Lease be affected; provided, the Term and the obligation to pay Gross Rent shall commence on the date possession is actually tendered to Tenant (which date shall become the Term Commencement Date) and the Term Expiration Date shall be extended commensurately. If the Term Commencement Date and/or the Term Expiration Date is other than the Term Commencement Date and Term Expiration Date specified in the Basic Lease Information or is not set forth in the Basic Lease Information, the parties shall execute that certain Confirmation of Term of Lease, substantially in the form of Exhibit C hereto specifying the actual Term Commencement Date, Term Expiration Date and the date on which Tenant is to commence paying Rent. Tenant shall execute and return such Confirmation of Term of Lease to Landlord within fifteen (15) days after Xxxxxx’s receipt thereof. If Xxxxxx fails to execute and return (or reasonably object in writing to) the Confirmation of Term of Lease within fifteen (15) days after receiving it, Tenant shall be deemed to represent have executed and certify that returned it has examined the Leased Premises and that it thereby accepts the Leased Premises in its condition at the time, except for the list of defects and/or omissions identified in writing prior to the Possession Date (the “Punch-List”) and latent defects, but subject, in all cases, to Landlord’s repair, maintenance and replacement obligations set forth in this Lease and to the warranty related to the Tenant Improvements, as provided in the Work Letter Agreement. After the notice provided in Section 3.03 and prior to the Possession Date, the parties shall meet in the Leased Premises to establish the Punch-List. Landlord shall review the Punch-List items with Tenant and correct all undisputed Punch- List items within a reasonable time, not to exceed thirty (30) days after receipt of the Punch- List; provided that, if any Punch-List items cannot be corrected within such thirty (30) day period despite reasonable diligence by Landlord, then, so long as Landlord commences correction of such Punch-List items within such thirty (30) day period and diligently pursues such correction to completion, no default by Landlord shall be deemed to have occurred. Punch-List items for completion taking longer than six (6) months to complete (and not otherwise the result of Force Majeure, Tenant Delay, or the COVID-19 Condition) shall trigger a day for day prorated Minimum Monthly Rent abatement. The Tenant Improvements shall be subject to a two (2) year warranty, from the Possession Date, with regard to materials, design and workmanship, as provided in more detail in the Work Letter Agreement. Tenant shall reasonably cooperate with Landlord in providing required information as needed for Landlord to pursue vendor warranties on a timely basis, as requested in writing by Landlord. Landlord will pursue any valid warranty claims against its contractor beyond the two (2) year warranty provided that any expenses incurred and/or any recovery obtained shall be treated as either additional Operating Costs or an offset to Operating Costs under Section 5.03(a)without exception.

Acceptance of Leased Premises. On or before LANDLORD will be deemed to have delivered possession of the Possession Leased Premises to TENANT on the Commencement Date, Tenant and Landlord shall each execute the letter agreement as it may be adjusted by mutual agreement. LANDLORD will construct or install in the form Leased Premises the improvements to be constructed or installed by LANDLORD according to the Tenant Improvement Diagram, if any. If no Tenant Improvement Diagram is attached hereto as Exhibit E (the “Letter Agreement”). By its execution to this LEASE, it will be deemed that LANDLORD delivered to TENANT possession of the Letter Agreement Leased Premises as is,” in its then present condition on the Commencement Date. TENANT acknowledges that neither LANDLORD nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Leased Premises for the conduct of TENANT’s business or for any other purpose, nor has LANDLORD or its agents or employees agreed to undertake any alterations or construct any TENANT improvements to the Leased Premises except as expressly provided in this LEASE and the Tenant Improvement Diagram. TENANT hereby acknowledges: (i) that TENANT has been advised to satisfy itself with respect to all aspects of the nature, extent, appropriateness and condition of the Leased Premises (including but not limited to the electrical and fire systems, security, environmental aspects, seismic and earthquake requirements, and in compliance with all Applicable Requirements (as that term is defined herein below) and the present and future suitability of the Leased Premises for TENANT’S intended or contemplated uses; (b) that TENANT has consulted with such professionals and made such investigation as TENANT and/or its independent advisors have deemed to be necessary or appropriate with respect to such matters, that TENANT is satisfied with respect thereto, and that TENANT assumes all responsibility therefore as the same relate to TENANT’s occupancy of the Leased Premises and/or the terms of the LEASE; and (c) that neither LANDLORD, nor any of LANDLORD’s employees, attorneys, agents or representatives, has made any oral or written representations or warranties with respect to said matters or to the Leased Premises, Tenant shall be deemed to represent and certify that it has examined the Leased Premises and that it thereby accepts the Leased Premises in its condition at the time, except for the list of defects and/or omissions identified in writing prior to the Possession Date (the “Punch-List”) and latent defects, but subject, in all cases, to Landlord’s repair, maintenance and replacement obligations extent that is otherwise expressly set forth in this Lease and to the warranty related to the Tenant Improvements, as provided in the Work Letter Agreement. After the notice provided in Section 3.03 and prior to the Possession Date, the parties shall meet in the Leased Premises to establish the Punch-List. Landlord shall review the Punch-List items with Tenant and correct all undisputed Punch- List items within a reasonable time, not to exceed thirty (30) days after receipt of the Punch- List; provided that, if any Punch-List items cannot be corrected within such thirty (30) day period despite reasonable diligence by Landlord, then, so long as Landlord commences correction of such Punch-List items within such thirty (30) day period and diligently pursues such correction to completion, no default by Landlord shall be deemed to have occurred. Punch-List items for completion taking longer than six (6) months to complete (and not otherwise the result of Force Majeure, Tenant Delay, or the COVID-19 Condition) shall trigger a day for day prorated Minimum Monthly Rent abatement. The Tenant Improvements shall be subject to a two (2) year warranty, from the Possession Date, with regard to materials, design and workmanship, as provided in more detail in the Work Letter Agreement. Tenant shall reasonably cooperate with Landlord in providing required information as needed for Landlord to pursue vendor warranties on a timely basis, as requested in writing by Landlord. Landlord will pursue any valid warranty claims against its contractor beyond the two (2) year warranty provided that any expenses incurred and/or any recovery obtained shall be treated as either additional Operating Costs or an offset to Operating Costs under Section 5.03(a)LEASE.

Acceptance of Leased Premises. On or before 4.1 The Lessee accepts the Possession DateLeased Premises “as is” and “where is”, Tenant and Landlord shall each execute save only for the letter agreement Lessor’s work, as set out in the form Schedule “D” attached hereto as Exhibit E (the “Letter AgreementLessor’s Work”). By The Lessor’s Work shall be completed by the Lessor, at its execution of own cost, on or prior to the Letter Agreement or occupancy of the Leased Premises, Tenant Commencement Date. The Lessor’s Work shall be deemed to represent be complete on the date that all Lessor’s Work has been performed, other than any details of construction, mechanical adjustment or any other similar matter, the non-completion of which does not materially interfere with the performance by Lxxxxx of its work. However, and certify notwithstanding the foregoing, the Lessor shall not be liable for damages in the event Lessor's Work, if any, in the Leased Premises has not been completed by a particular date, it being understood that it this Lease shall remain in full force and effect except that Base Rent and all other sums payable hereunder shall be calculated as and from the date that the Lessor's Work has been substantially completed or would have been substantially completed had the Lessee not delayed the Lessor in the completion of Lessor's Work. The Lessor shall use commercial reasonable efforts to complete the Lessor’s Work with all due dispatch prior to the Commencement Date. The Lessee shall allow the Lessor to execute the Lessor’s Work during the Fixturing Period (as defined below) without interference. 4.2 The Lessee acknowledges that the Lease is intended to be a net net net lease in which the Lessee is obligated to pay for and maintain the Leased Premises in the manner herein provided. 4.3 Subject to the provisions herein, the Lessee acknowledges having seen and examined the Leased Premises and that it thereby declares itself to be fully content and satisfied therewith, and save and except for the completion of the Lessor’s Work, the Lessee accepts the Property in its present state and condition, "as is" and "where is" and all repairs, renovations, demisements, alterations, improvements and replacements to the Leased Premises (except for Lessor’s Repairs) as the Lessee may require from time to time during the Term, including such repairs as may be required or may be deemed advisable or necessary to enable the Lessee to obtain or maintain the permits referred to in its condition Section ARTICLE VII below, shall be performed by the Lessor but at the time, except for the list of defects and/or omissions identified in writing prior to the Possession Date (the “Punch-List”) sole cost and latent defects, but subject, in all cases, to Landlord’s repair, maintenance and replacement obligations set forth in this Lease and to the warranty related to the Tenant Improvements, as provided in the Work Letter Agreement. After the notice provided in Section 3.03 and prior to the Possession Date, the parties shall meet in the Leased Premises to establish the Punch-List. Landlord shall review the Punch-List items with Tenant and correct all undisputed Punch- List items within a reasonable time, not to exceed thirty (30) days after receipt expense of the Punch- List; provided that, if any Punch-List items cannot be corrected within such thirty Lessee for which the Lessor will invoice the cost thereof plus an administration fee of fifteen percent (30) day period despite reasonable diligence by Landlord, then, so long as Landlord commences correction of such Punch-List items within such thirty (30) day period and diligently pursues such correction to completion, no default by Landlord shall be deemed to have occurred. Punch-List items for completion taking longer than six (6) months to complete (and not otherwise the result of Force Majeure, Tenant Delay, or the COVID-19 Condition) shall trigger a day for day prorated Minimum Monthly Rent abatement. The Tenant Improvements shall be subject to a two (2) year warranty, from the Possession Date, with regard to materials, design and workmanship, as provided in more detail in the Work Letter Agreement. Tenant shall reasonably cooperate with Landlord in providing required information as needed for Landlord to pursue vendor warranties on a timely basis, as requested in writing by Landlord. Landlord will pursue any valid warranty claims against its contractor beyond the two (2) year warranty provided that any expenses incurred and/or any recovery obtained shall be treated as either additional Operating Costs or an offset to Operating Costs under Section 5.03(a15%).

Acceptance of Leased Premises. On or before the Possession Date, Tenant and Landlord shall each execute the letter agreement in the form attached hereto as Exhibit E (the “Letter Agreement”). By its execution of the Letter Agreement or occupancy of acknowledges that it has thoroughly inspected the Leased Premises, and Tenant shall be deemed to represent and certify that it has examined the Leased Premises and that it thereby hereby accepts the Leased Premises in its their as-is condition at with all faults as existing as of the timedate hereof (excepting latent defects as provided for in Exhibit E). Landlord makes no warranties or representations whatsoever as to the fitness of the Leased Premises for a particular purpose. Notwithstanding anything in this Lease to the contrary, Landlord, as of the Term Commencement Date, agrees to deliver all mechanical, electrical (including lighting), and plumbing systems servicing the Leased Premises in good working order and condition. Landlord agrees to perform Landlord’s Work (as hereinafter defined) and, except for any Tenant’s Work (as hereinafter defined) therein, deliver the list of defects and/or omissions identified in writing prior Leased Premises, Corridor, Lobby, Loading Area, Access Drive, Employee Parking, as well as the sidewalks and steps located at the front entrance to the Possession Date (the “Punch-List”) and latent defects, but subjectLobby, in compliance with all casesapplicable laws, rules, codes, ordinances, and regulations, including, without limitation, all Environmental Laws and the Americans with Disabilities Act. Landlord agrees to Landlord’s repair, maintenance and replacement obligations set forth in this Lease and to the warranty related to the Tenant Improvements, as provided in the Work Letter Agreement. After the notice provided in Section 3.03 and prior to the Possession Date, the parties shall meet perform certain improvements in the Leased Premises pursuant to establish the Punch-List. Landlord shall review the Punch-List items with Tenant terms and correct all undisputed Punch- List items within a reasonable time, not to exceed thirty (30) days after receipt conditions of the Punch- List; provided that, if any Punch-List items cannot be corrected within such thirty (30) day period despite reasonable diligence by Landlord, then, so long Work Letter attached as Landlord commences correction Exhibit E hereto with the scope of such Punchimprovements being identified on the Scope of Landlord’s Work document attached to this Lease as Exhibit E-1 (the “Scope of Work”) with such improvements described therein being hereinafter referred to as the “Landlord’s Work”. Except to the extent non-List items within such thirty compliance is due to any alterations, additions, or improvements made to the Leased Premises by or on behalf of Tenant (30excluding Landlord’s Work) day period and diligently pursues such correction to completionor breach of this Lease by Tenant, no default by during the Term of this Lease, Landlord shall be deemed responsible, at its sole cost and expense, to have occurredensure that the Building, Property, and all Common Areas and entries are in compliance with all applicable laws, rules, codes, ordinances, and regulations. Punch-List items Except as otherwise provided herein, Landlord shall be responsible for completion taking longer than six compliance (6including, but not limited to, any grandfathered principles therein) months with future laws, rules, codes, ordinances, and regulations, including, without limitation, all Environmental Laws and the Americans with Disabilities Act, provided, however, the costs for such compliance shall be included in Operating Expenses to complete (and the extent not otherwise the result of Force Majeureprohibited under terms, Tenant Delay, or the COVID-19 Condition) shall trigger a day for day prorated Minimum Monthly Rent abatement. The Tenant Improvements shall be subject to a two (2) year warranty, from the Possession Date, with regard to materials, design provisions and workmanship, as provided conditions elsewhere in more detail in the Work Letter Agreement. Tenant shall reasonably cooperate with Landlord in providing required information as needed for Landlord to pursue vendor warranties on a timely basis, as requested in writing by Landlord. Landlord will pursue any valid warranty claims against its contractor beyond the two (2) year warranty provided that any expenses incurred and/or any recovery obtained shall be treated as either additional Operating Costs or an offset to Operating Costs under Section 5.03(a)this Lease.

Acceptance of Leased Premises. On or before The taking of possession of the Possession DateLeased Premises by Tenant at the Commencement Date shall be conclusive evidence as against the Tenant that Tenant accepts the same "as is" and that the Leased Premises and the Building were in good and satisfactory condition for the use intended at the time such possession was taken except for latent defects and any punch list items, Tenant and Landlord shall each execute to the letter agreement extent otherwise noted by Tenant, in the form attached hereto as Exhibit E (acceptance of Leased Premises executed by Tenant at that time. Neither Landlord nor Landlord's agents have made any representations or promises with respect to the “Letter Agreement”). By its execution physical condition of the Letter Agreement Building or occupancy the Leased Premises, the rents, leases, expenses of operation, or any other matter or thing affecting or relating 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 will inspect the Leased Premises and sign an Acceptance of Leased Premises on the Commencement Date and be thoroughly acquainted with the condition of the Leased Premises. Unless expressly stated herein to the contrary, Tenant shall be deemed Landlord has no obligation to represent and certify that it has examined repair, improve, or add to the Leased Premises prior to Tenant's occupancy thereof and that it thereby accepts Tenant shall, at its sole cost and expenses and in compliance with the provision of paragraph 10(B) hereof, be responsible for any changes, alterations, repairs, or decorations to the Leased Premises in its condition at the time, except for the list of defects and/or omissions identified in writing prior to the Possession Date (the “Punch-List”) and latent defects, but subject, in all cases, to Landlord’s repair, maintenance and replacement obligations set forth in this Lease and its occupancy thereof. Notwithstanding anything to the warranty related contrary herein, provided the Landlord has substantially completed to the Tenant Improvements, as provided in the Work Letter Agreement. After the notice provided in Section 3.03 and prior to the Possession DateTenant's reasonable satisfaction, the parties shall meet in the Leased Premises to establish the Punch-List. Landlord shall review the Punch-List items with Tenant's Improvements contemplated by Section 6 of this Lease, Tenant agrees and correct all undisputed Punch- List items within a reasonable time, not to exceed thirty (30) days after receipt of the Punch- List; provided that, if any Punch-List items cannot be corrected within such thirty (30) day period despite reasonable diligence by Landlord, then, so long as Landlord commences correction of such Punch-List items within such thirty (30) day period and diligently pursues such correction to completion, no default by Landlord acknowledges that it shall be deemed to have occurred. Punch-List items for completion taking longer than six (6) months to complete (and accepted the Leased Premises on December I, 2000, if Tenant has not otherwise the result of Force Majeure, Tenant Delay, or the COVID-19 Condition) shall trigger a day for day prorated Minimum Monthly Rent abatement. The Tenant Improvements shall be subject to a two (2) year warranty, from the Possession Date, with regard to materials, design and workmanship, as provided in more detail in the Work Letter Agreement. Tenant shall reasonably cooperate with Landlord in providing required information as needed for Landlord to pursue vendor warranties on a timely basis, as requested in writing by Landlord. Landlord will pursue any valid warranty claims against its contractor beyond the two (2) year warranty provided that any expenses incurred and/or any recovery obtained shall be treated as either additional Operating Costs or an offset to Operating Costs under Section 5.03(a)taken possession sooner.

Acceptance of Leased Premises. On or before Tenant acknowledges that: (a) it has been advised by Landlord, Landlord’s Broker and Tenant’s Broker, if any, to satisfy itself with respect to the Possession Date, Tenant and Landlord shall each execute the letter agreement in the form attached hereto as Exhibit E (the “Letter Agreement”). By its execution condition of the Letter Agreement or Leased Premises (including, without limitation, the HVAC, electrical, plumbing and other mechanical installations, fire sprinkler systems, security, environmental aspects, and compliance with applicable laws, ordinances, rules and regulations) and the present and future suitability of the Leased Premises for Tenant’s intended use; (b) Tenant has made such inspection and investigation as it deems necessary with reference to such matters and assumes all responsibility therefor as the same relate to Xxxxxx’s occupancy of the Leased PremisesPremises and the term of this Lease; and (c) neither Landlord nor Landlord’s Broker nor any of Landlord’s agents has made any oral or written representations or warranties with respect to the condition, Tenant shall be deemed to represent and certify that it has examined suitability or fitness of the Leased Premises and that it thereby other than as may be specifically set forth in this Lease. Tenant accepts the Leased Premises in its AS IS condition at existing on the timedate Tenant executes this Lease, subject to all matters of record (including, but not limited to, the CC&R’s) and applicable laws, ordinances, rules and regulations. Tenant acknowledges that neither Landlord nor Landlord’s Broker nor any of Landlord’s agents has agreed to undertake any alterations or additions or to perform any maintenance or repair of the Leased Premises except for the list of defects and/or omissions identified in writing prior to the Possession Date (the “Punch-List”) and latent defects, but subject, in all cases, to Landlord’s repair, routine maintenance and replacement obligations janitorial work specified herein and except as may be expressly set forth in Exhibit B. If Landlord, for any reason whatsoever, cannot deliver possession of the Leased Premises to Tenant on the estimated commencement date in the condition specified in this Section 2.2, Landlord shall neither be subject to any liability nor shall the validity of this Lease be affected; provided, the Term and the obligation to pay Rent shall commence on the warranty related date possession is actually tendered to Tenant and the Tenant Improvements, as provided Term Expiration Date shall be extended commensurately. If the commencement date and/or the expiration date of this Lease is other than the Term Commencement Date and Term Expiration Date specified in the Work Letter Agreement. After the notice provided in Section 3.03 and prior to the Possession DateBasic Lease Information, the parties shall meet execute a written amendment to this Lease, substantially in the Leased Premises form of Exhibit C hereto specifying the actual commencement date, expiration date and the date on which Tenant is to establish the Punch-Listcommence paying Rent. Tenant shall execute and return such amendment to Landlord shall review the Punch-List items with Tenant and correct all undisputed Punch- List items within a reasonable time, not to exceed thirty fifteen (3015) days after Xxxxxx’s receipt of the Punch- List; provided that, if any Punch-List items cannot be corrected within such thirty (30) day period despite reasonable diligence by Landlord, then, so long as Landlord commences correction of such Punch-List items within such thirty (30) day period and diligently pursues such correction to completion, no default by Landlord shall be deemed to have occurred. Punch-List items for completion taking longer than six (6) months to complete (and not otherwise the result of Force Majeure, Tenant Delay, or the COVID-19 Condition) shall trigger a day for day prorated Minimum Monthly Rent abatement. The Tenant Improvements shall be subject to a two (2) year warranty, from the Possession Date, with regard to materials, design and workmanship, as provided in more detail in the Work Letter Agreement. Tenant shall reasonably cooperate with Landlord in providing required information as needed for Landlord to pursue vendor warranties on a timely basis, as requested in writing by Landlord. Landlord will pursue any valid warranty claims against its contractor beyond the two (2) year warranty provided that any expenses incurred and/or any recovery obtained shall be treated as either additional Operating Costs or an offset to Operating Costs under Section 5.03(a)thereof.

Acceptance of Leased Premises. On or before Upon Substantial Completion of the Possession DateLeased Premises, and prior to Tenant's occupancy thereof, Tenant and shall deliver to Landlord shall each execute the a letter agreement in the form attached hereto as Exhibit E C (the “"Letter Agreement”"). By its execution of the Letter Agreement or and occupancy of the Leased Premises, Tenant shall be deemed to represent and certify that it has examined the Leased Premises and that it thereby accepts the Leased Premises in its condition at the time, except for subject to latent defects which could not be reasonably observed by a professional inspection of the list of defects and/or omissions identified Leased Premises, Punch List Items (as that term is defined in writing prior to the Possession Date (Workletter Agreement) set forth in the “Punch-List”) Letter Agreement, and latent defects, but subject, in all cases, to Landlord’s repair, maintenance and replacement 's obligations set forth in this Lease and to the warranty related to the Tenant Improvements, as provided in the Work Letter Agreement. After the notice provided in Section 3.03 and prior to the Possession Date, the parties shall meet in the Leased Premises to establish the Punch-List6.6. Landlord shall review the Punch-Punch List items Items with Tenant and correct all undisputed Punch- Punch List items Items within a reasonable time, not to exceed thirty (30) days after receipt of the Punch- ListLetter Agreement; provided that, if any Punch-Punch List items Item cannot be corrected within such thirty (30) day period despite reasonable diligence by Landlord, then, so long as Landlord commences correction of such Punch-Punch List items Item within such thirty (30) day period and diligently pursues such correction to completion, no default by Landlord shall be deemed to have occurred. PunchExcept as expressly provided above, Tenant, by occupying the Leased Premises, is accepting the same in its "as-List items for completion taking longer than six (6) months to complete (and not otherwise the result is" condition, without warranties of Force Majeureany type, Tenant Delay, expressed or the COVID-19 Condition) shall trigger a day for day prorated Minimum Monthly Rent abatement. The Tenant Improvements shall be subject to a two (2) year warranty, from the Possession Date, with regard to materials, design and workmanship, as provided in more detail in the Work Letter Agreement. Tenant shall reasonably cooperate with Landlord in providing required information as needed for Landlord to pursue vendor warranties on a timely basis, as requested in writing by Landlord. Landlord will pursue any valid warranty claims against its contractor beyond the two (2) year warranty provided that any expenses incurred and/or any recovery obtained shall be treated as either additional Operating Costs or an offset to Operating Costs under Section 5.03(a)implied.

Acceptance of Leased Premises. On or before LANDLORD will be deemed to have delivered possession of the Possession Leased Premises to TENANT on the Commencement Date, Tenant and Landlord shall each execute the letter agreement as it may be adjusted by mutual agreement. LANDLORD will construct or install in the form Leased Premises the improvements to be constructed or installed by LANDLORD according to the Tenant Improvement Diagram, if any. If no Tenant Improvement Diagram is attached hereto as Exhibit E (the “Letter Agreement”). By its execution to this LEASE, it will be deemed that LANDLORD delivered to TENANT possession of the Letter Agreement Leased Premises “as is,” in its then present condition on the Commencement Date. TENANT acknowledges that neither LANDLORD nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Leased Premises for the conduct of TENANT’s business or for any other purpose, nor has LANDLORD or its agents or employees agreed to undertake any alterations or construct any TENANT improvements to the Leased Premises except as expressly provided in this LEASE and the Tenant Improvement Diagram. TENANT hereby acknowledges: (i) that TENANT has been advised to satisfy itself with respect to all aspects of the nature, extent, appropriateness and condition of the Leased Premises (including but not limited to the electrical and fire systems, security, environmental aspects, seismic and earthquake requirements, and in compliance with all Applicable Requirements (as that term is defined hereinbelow) and the present and future suitability of the Leased Premises for TENANT’s intended or contemplated uses; (b) that TENANT has consulted with such professionals and made such investigation as TENANT and/or its independent advisors have deemed to be necessary or appropriate with respect to such matters, that TENANT is satisfied with respect thereto, and that TENANT assumes all responsibility therefore as the same relate to TENANT’s occupancy of the Leased Premises and/or the terms of the LEASE; and (c) that neither LANDLORD, nor any of LANDLORD’s employees, attorneys, agents or representatives, has made any oral or written representations or warranties with respect to said matters or to the Leased Premises, Tenant shall be deemed to represent and certify that it has examined the Leased Premises and that it thereby accepts the Leased Premises in its condition at the time, except for the list of defects and/or omissions identified in writing prior to the Possession Date (the “Punch-List”) and latent defects, but subject, in all cases, to Landlord’s repair, maintenance and replacement obligations extent that is otherwise expressly set forth in this Lease and to the warranty related to the Tenant Improvements, as provided in the Work Letter Agreement. After the notice provided in Section 3.03 and prior to the Possession Date, the parties shall meet in the Leased Premises to establish the Punch-List. Landlord shall review the Punch-List items with Tenant and correct all undisputed Punch- List items within a reasonable time, not to exceed thirty (30) days after receipt of the Punch- List; provided that, if any Punch-List items cannot be corrected within such thirty (30) day period despite reasonable diligence by Landlord, then, so long as Landlord commences correction of such Punch-List items within such thirty (30) day period and diligently pursues such correction to completion, no default by Landlord shall be deemed to have occurred. Punch-List items for completion taking longer than six (6) months to complete (and not otherwise the result of Force Majeure, Tenant Delay, or the COVID-19 Condition) shall trigger a day for day prorated Minimum Monthly Rent abatement. The Tenant Improvements shall be subject to a two (2) year warranty, from the Possession Date, with regard to materials, design and workmanship, as provided in more detail in the Work Letter Agreement. Tenant shall reasonably cooperate with Landlord in providing required information as needed for Landlord to pursue vendor warranties on a timely basis, as requested in writing by Landlord. Landlord will pursue any valid warranty claims against its contractor beyond the two (2) year warranty provided that any expenses incurred and/or any recovery obtained shall be treated as either additional Operating Costs or an offset to Operating Costs under Section 5.03(a)LEASE.

Acceptance of Leased Premises. On or before the Possession Date, Upon delivery by Landlord to Tenant and Landlord shall each execute the letter agreement in the form attached hereto as Exhibit E (the “Letter Agreement”). By its execution of the Letter Agreement or occupancy of the Leased Premises, Tenant shall will be deemed to represent have accepted the Leased Premises. However, Landlord will remain responsible for the completion of those "punchlist" items, if any, to which Landlord and certify that it has examined Tenant have agreed in writing within fifteen (15) days after the Leased Premises and that it thereby accepts are substantially Insert X to Section II.A. (Lease Term) of Genvec Lease Notwithstanding anything in this Lease or the Tenant Improvements Construction Agreement to the contrary, if the failure to deliver the Leased Premises in substantially complete condition by December 17, 1999 (as such date may be extended in accordance with the Tenant Improvements Construction Agreement) is solely and directly as a result of matters within Landlord's reasonable control (a "Landlord Delay"), then, for each day beyond December 17, 1999 (or such date to which the substantial completion date on Exhibit D-3 may be extended) during which such completion is delayed as a result of a Landlord Delay, Tenant shall be entitled to a day-for-day abatement of the Basic Annual Rent and Common Area Expenses (the "Landlord Delay Abatement"). The foregoing shall not affect Tenant's obligation to commence its condition rental payments on November 1, 1999, it being the intention of the parties that the Landlord Delay Abatement shall be applied, if at the timeall, except for the list of defects and/or omissions identified in writing prior to the Possession Date (the “Punch-List”) and latent defects, but subject, in all cases, first rental payments to Landlord’s repair, maintenance and replacement obligations set forth in this Lease and to the warranty related to the Tenant Improvements, as provided in the Work Letter Agreement. After the notice provided in Section 3.03 and prior to the Possession Date, the parties shall meet in come due after substantial completion of the Leased Premises to establish the Punch-Listhas occurred. Landlord shall review the Punch-List items with Initials: /s/ Signature Illegible Tenant and correct all undisputed Punch- List items within a reasonable time, not to exceed thirty (30) days after receipt of the Punch- List; provided that, if any Punch-List items cannot be corrected within such thirty (30) day period despite reasonable diligence by Landlord, then, so long as Landlord commences correction of such Punch-List items within such thirty (30) day period and diligently pursues such correction to completion, no default by Landlord shall be deemed to have occurred. Punch-List items for completion taking longer than six (6) months to complete (and not otherwise the result of Force Majeure, Tenant Delay, or the COVID-19 Condition) shall trigger a day for day prorated Minimum Monthly Rent abatement. The Tenant Improvements shall be subject to a two (2) year warranty, from the Possession Date, with regard to materials, design and workmanship, as provided in more detail in the Work Letter Agreement. Tenant shall reasonably cooperate with Landlord in providing required information as needed for Landlord to pursue vendor warranties on a timely basis, as requested in writing by Landlord. Landlord will pursue any valid warranty claims against its contractor beyond the two (2) year warranty provided that any expenses incurred and/or any recovery obtained shall be treated as either additional Operating Costs or an offset to Operating Costs under Section 5.03(a).Initials: /s/ Signature Illegible