Common use of ACCEPTANCE OF POSSESSION Clause in Contracts

ACCEPTANCE OF POSSESSION. Tenant acknowledges that it has inspected the Leased Premises and is willing to accept them in their existing condition, broom clean, unless Landlord shall have agreed, as a condition to Tenant’s obligation to accept possession of the Leased Premises, pursuant to an Addenda attached to and made a part of this Lease to modify existing interior improvements or to make, construct and/or install additional specified improvements within the Leased Premises, in which case Tenant agrees to accept possession of the Lease Premises when Landlord has substantially completed such modifications or improvements and the Lease Premises are Ready for Occupancy. If Landlord shall have so modified existing improvements or constructed additional improvements within the Leased Premises for Tenant, Tenant shall, with Tenant’s punch list Period (as set forth in Article 1) which shall commence on the date that Landlord notifies Tenant that the Leased Premises are Ready for Occupancy, submit to Landlord a punch list of all incomplete and/or improper worked performed by Landlord. Upon the expiration of Tenant’s punch list Period, Tenant shall be conclusively deemed to have accepted the Leased Premises in their then-existing condition as so delivered by landlord to Tenant, except as to those items reasonably set forth in Tenant’s punch list, provided that such punch list was submitted to Landlord with Tenant’s Punch list Period. Additionally, Landlord agrees to place in good working order all existing plumbing, lighting, heating, ventilating and air conditioning systems within the Leased Premises and all man doors and roll-up truck doors serving the Leased Premises to the extent that such systems and/or items are not in good operating condition as of the date Tenant accepts possession of the Leased Premises; provided that, an only if, Tenant notifies Landlord in writing of such failures or deficiencies within five business days from the date Tenant so accepts possession of the Lease Premises.

ACCEPTANCE OF POSSESSION. Tenant acknowledges that it has inspected the Leased Premises and is willing to accept them in their existing condition, broom clean, unless Landlord shall have agreed, as a condition to Tenant’s obligation to accept possession of the Leased Premises, Premises pursuant to an a written Exhibit or Addenda attached to and made a part of this Lease the Lease, to modify existing interior improvements or to make, construct and/or install additional specified improvements within the Leased Premises, in which case Tenant agrees to accept possession of the Lease Leased Premises when Landlord has substantially completed such modifications or improvements and the Lease Leased Premises are Ready for Occupancy. If Landlord shall have so modified existing improvements or constructed additional improvements within the Leased Premises for Tenant, Tenant shall, with within Tenant’s punch list Punchlist Period (as set forth in Article 1I) which shall commence on the date that Landlord notifies Tenant that the agreed improvements have been completed and the Leased Premises are Ready for Occupancy, submit to Landlord a punch list signed copy of the Acceptance Agreement attached hereto as Exhibit “D” together with a punchlist of all incomplete and/or improper worked work performed by Landlord. Upon the expiration of Tenant’s punch list Punchlist Period, Tenant shall be conclusively deemed to have accepted the Leased Premises in their then-existing condition as so delivered by landlord Landlord to Tenant, except as to those items reasonably set forth in the punchlist submitted to Landlord prior to the expiration of said period. Landlord agrees to correct all items reasonably set forth in Tenant’s punch listpunchlist, provided that such punch list punchlist was submitted to Landlord with within Tenant’s Punch list Punchlist Period. Additionally, Landlord agrees to place in good working order all existing plumbing, lighting, heating, ventilating and air conditioning systems within the Leased Premises and all man doors and roll-up truck doors serving the Leased Premises to the extent that such systems and/or items are not in good operating condition as of the date Tenant accepts possession of the Leased Premises; provided that, an and only if, Tenant notifies Landlord in writing of such failures or deficiencies within five business days from the date Tenant so accepts possession of the Lease Leased Premises. Landlord will not be responsible for any low voltage wiring (below 110 volt) including telephone, data, and alarm systems in the Building.

ACCEPTANCE OF POSSESSION. Tenant acknowledges that it Xxxxxx has inspected the Leased Premises and is willing to accept accepts them in their existing condition, broom clean, unless Landlord shall have agreed, as a condition to Tenant’s 's obligation to accept possession of the Leased Premises, pursuant to an Addenda attached Paragraph 15.3, to and made a part of this Lease to construct, install or modify existing interior improvements or to make, construct and/or install additional specified improvements within the Leased Premisesimprovements, in which case Tenant Xxxxxx agrees to accept possession of the Lease Premises when Landlord has substantially completed such modifications or improvements and the Lease Premises are Ready for Occupancy. If Landlord shall have so modified existing improvements or constructed additional improvements within the Leased Premises for Tenant, Tenant shall, with within Tenant’s punch list 's Punchlist Period (as set forth in Article 1) which shall commence on the date that Landlord notifies Tenant that the Leased Premises are Ready for Occupancy, submit to Landlord a punch list Punchlist of all incomplete and/or improper worked work performed by Landlord. Upon the expiration of Tenant’s punch list Xxxxxx's Punchlist Period, Tenant shall be conclusively deemed to have accepted the Leased Premises in their then-then existing condition as so delivered by landlord Landlord to Tenant, except as to those items reasonably set forth in the Punchlist submitted to Landlord prior to the expiration of said period. Xxxxxxxx agrees to correct all items reasonably set forth in Tenant’s punch list's Punchlist, provided that such punch list Punchlist was submitted to Landlord with within Tenant’s Punch list 's Punchlist Period. Additionally, Landlord agrees Xxxxxxxx agrees, as of the Lease Commencement Date to place in good working order all existing plumbing, lighting, heating, ventilating and air conditioning systems within the Leased Premises and all man main doors and roll-up truck doors serving the Leased Premises Premises, and to the extent that such systems and/or items are not in good operating condition as of the date Tenant accepts possession Lease Commencement Date Landlord will rectify in a reasonable period of the Leased Premisestime said issue; subject to and provided that, an and only if, Tenant notifies Landlord in writing of such failures or deficiencies within five (5) business days from the date Tenant so accepts possession of the Lease Premises, regardless if the Punchlist Period is in excess of five business days.

ACCEPTANCE OF POSSESSION. Tenant acknowledges that it has inspected the Leased Premises and is willing to accept them in their existing condition, broom clean, unless Landlord shall have agreed, as a condition to Tenant’s obligation to accept possession of the Leased Premises, pursuant to an Addenda attached to and made a part of this Lease to modify existing interior improvements or to make, construct make construction and/or install additional specified improvements within the Leased Premisespremises, in which case Tenant agrees to accept possession of the Lease Leased Premises when Landlord has substantially completed such modifications or improvements and the Lease Leased Premises are Ready for Occupancy. If Landlord shall have so modified existing improvements or constructed additional improvements within the Leased Premises for Tenant, Tenant shall, with within Tenant’s punch Punch list Period (as set forth in Article 1I) which shall commence on the date that Landlord notifies Tenant that the Leased Premises are Ready for Occupancy, submit to Landlord a punch list of all incomplete and/or improper worked work performed by Landlord. Upon the expiration of Tenant’s punch Punch list Period, Tenant shall be conclusively deemed to have accepted the Leased Premises in their then-existing condition as so delivered by landlord Landlord to Tenant, except as to those items reasonably set forth in the punch list submitted to Landlord prior to the expiration of said period. Landlord agrees to correct all items reasonably set forth in Tenant’s punch Punch list, provided that such punch list was submitted to Landlord with within Tenant’s Punch list Period. Additionally, Landlord agrees to place in good working order all existing plumbing, lighting, heating, ventilating and air conditioning systems within the Leased Premises and all man doors and roll-up truck doors serving the Leased Premises to the extent that such systems and/or items are not in good operating condition as of the date Tenant accepts possession of the Leased Premises; provided that, an and only if, Tenant notifies Landlord in writing of such failures or deficiencies within five business days from the date Tenant so accepts possession of the Lease Premises.

ACCEPTANCE OF POSSESSION. Tenant acknowledges that it has inspected the Leased Premises and is willing to accept them in their existing condition, broom clean, unless Landlord shall have agreed, agreed as a condition to Tenant’s 's obligation to accept possession of the Leased Premises, Premises pursuant to an a written Exhibit or Addenda attached to and made a part of this Lease the Lease, to modify existing interior improvements or to make, construct and/or an/or install additional specified improvements within the Leased Premises, in which case Tenant agrees to accept possession of the Lease Leased Premises when Landlord has substantially completed such modifications modification or improvements and the Lease Leased Premises are Ready for OccupancyOccupancy with final inspection and approval having been completed. If Landlord shall have so modified existing improvements or constructed additional improvements within the Leased Premises for Tenant, Tenant shall, with within Tenant’s punch list 's Punchlist Period (as set forth froth in Article 1I) which shall commence on the date that Landlord notifies Tenant that the agreed improvements have been completed and the Leased Premises are Ready for Occupancyoccupancy, submit to Landlord landlord a punch list signed copy of the Acceptance Agreement attached hereto as Exhibit "D" together with a punchlist of all incomplete and/or an/or improper worked work performed by Landlord. Upon the expiration of Tenant’s punch list 's Pucnhlist Period, Tenant shall be conclusively deemed to have accepted the Leased Premises in their then-existing exitisting condition as so delivered by landlord Landlord to Tenant, except as to those items reasonably set forth in the punchlist submitted to Landlord prior to the expiration of said period. Landlord agrees to correct all items reasonably set forth in Tenant’s punch list's punchlist, provided that such punch list punchlist was submitted to Landlord with within Tenant’s Punch list 's Punchlist Period. Additionally, Landlord agrees to place in good working order all existing plumbing, lighting, heating, ventilating and air conditioning systems and elevator systems within the Leased Premises and all man doors and roll-up truck doors serving the Leased Premises to the extent that such systems and/or an/or items are not in good operating condition as of the date Tenant accepts possession of the Leased Premises; provided that, an and only if, Tenant notifies Landlord in writing of such failures or deficiencies within five thirty (30) business days from the date Tenant so accepts possession of the Lease Leased Premises.

ACCEPTANCE OF POSSESSION. Tenant acknowledges that it has inspected Prior to the Leased Premises Commencement Date, Landlord agrees to inspect, service, and is willing to accept them repair (as required for good and normal working operation) all HVAC, plumbing, electrical, lighting, elevator (if applicable) and such other building service apparatus as exists in their existing conditionThe Premises. In addition, broom clean, unless Landlord shall have agreed, as a condition to Tenant’s obligation to accept possession of the Leased Premises, pursuant to an Addenda attached to clean any carpet stains and made a part of this Lease to modify existing interior improvements or to make, construct and/or install additional specified improvements within the Leased Premises, in which case Tenant agrees to accept possession of the Lease Premises when Landlord has substantially completed such modifications or improvements and the Lease Premises are Ready for Occupancy. If Landlord shall have so modified existing improvements or constructed additional improvements within the Leased Premises for Tenant, Tenant shall, with Tenant’s punch list Period (as set forth in Article 1) which shall commence on the date that Landlord notifies Tenant that the Leased Premises are Ready for Occupancy, submit to Landlord a punch list of all incomplete and/or improper worked performed by Landlordrestore any moulding sealants. Upon the expiration of Tenant’s punch list 's Punchlist Period, Tenant shall be conclusively deemed to have accepted the condition of the Leased Premises in their then-existing condition as so delivered by landlord Landlord to Tenant, except as to those items reasonably set forth in the punchlist submitted to Landlord prior to the expiration of said period. Landlord agrees to correct all items reasonably set forth in Tenant’s punch list's punchlist, provided that such punch list punchlist was submitted to Landlord with within Tenant’s Punch list 's Punchlist Period. Additionally, Landlord agrees to place in good working order all existing plumbing, lighting, heating, ventilating and air conditioning systems within the Leased Premises and all man doors and roll-up truck doors serving the Leased Premises to the extent that such systems and/or items are not in good operating condition as of the date Tenant accepts possession of the Leased Premises; provided that, an and only if, Tenant notifies Landlord in writing of such failures or deficiencies within five fifteen business days from the date Tenant so accepts possession of the Lease Leased Premises.

ACCEPTANCE OF POSSESSION. Tenant acknowledges that it has inspected currently occupies the Leased Premises and is willing that it accepts the Premises as complying with all requirements of Tenant and all obligations of Landlord with respect to accept them in their existing the condition, broom cleanorder and repair thereof. Notwithstanding the same, unless Landlord shall have agreed, as a condition to Tenant’s obligation acceptance hereunder shall not limit the Landlord’s maintenance obligations under the provisions of subsection 9.1 hereof nor the condition of such additional premises, if any as Tenant hereafter may lease or occupy subsequent to accept the Commencement Date of this Lease. Quiet Enjoyment - Landlord represents and warrants that Tenant, on paying the rental under this Lease and observing and keeping the covenants and agreements of this Lease on its part to be kept and performed, shall lawfully and quietly hold, occupy, enjoy, manage, and operate the Premises, subject to the terms of this Lease, without hindrance or molestation by Landlord during the Term or by any person or persons claiming under Landlord. Surrender - If Tenant shall not immediately surrender possession of the Leased Premises, pursuant to an Addenda attached to and made a part of this Lease to modify existing interior improvements or to make, construct and/or install additional specified improvements within Premises at the Leased Premises, in which case Tenant agrees to accept possession end of the Lease Premises when Landlord has substantially completed such modifications or improvements and the Lease Premises are Ready for Occupancy. If Landlord shall have so modified existing improvements or constructed additional improvements within the Leased Premises for TenantTerm, Tenant shall, with Tenantat Landlord’s punch list Period (as set forth in Article 1) which sole election, become a tenant from month to month, and shall commence be liable for rental on the date that Landlord notifies Tenant that Premises in an amount equal to one hundred twenty percent (120%) of the Leased Premises are Ready Basic Annual Rental, and for Occupancyall additional rental payable hereunder, submit just before the termination of this Lease, such rental to be payable to Landlord in monthly installments, in advance, on the first day of each month for so long as Tenant shall remain in possession of the Premises. If Landlord does not so elect to treat Tenant as a punch list tenant from month to month, Tenant shall nevertheless be liable for the rental hereinabove provided, payable to Landlord in monthly installments, in advance on the first day of all incomplete and/or improper worked performed by Landlordeach month for so long as Tenant shall remain in possession of the Premises. Upon In the event Landlord does not elect to treat Tenant as a tenant from month to month, Landlord shall continue to be entitled to retake possession of the Premises at any time after five (5) days prior notice to Tenant, and Tenant shall in no case whatsoever be entitled to receive a refund for any rental paid in advance. Tenant hereby expressly waives (a) the service of any notice in writing of intention to retake possession and (b) any right that Tenant may have to a jury trial in connection with such retaking of possession. If Tenant shall fail to surrender possession of the Premises immediately on the expiration of Tenant’s punch list Periodthe Term, all of the obligations of Tenant and all rights of Landlord applicable during the Term shall be equally applicable during such period of subsequent occupancy, regardless of whether a month to month tenancy shall have been created as aforesaid, with the exception of Sections 7.2 (Quiet Enjoyment) and 13 (Assignment and Subletting). No act or conduct of Landlord, its employees, agents, or representatives, including, but not limited to, the acceptance of the keys to the Premises, shall constitute an acceptance of the surrender of the Premises before the Expiration Date. Only a written notice of acceptance and surrender and termination from Landlord to Tenant shall be conclusively deemed to have accepted constitute acceptance of the Leased Premises in their then-existing condition as so delivered by landlord to Tenant, except as to those items reasonably set forth in Tenant’s punch list, provided that such punch list was submitted to Landlord with Tenant’s Punch list Period. Additionally, Landlord agrees to place in good working order all existing plumbing, lighting, heating, ventilating and air conditioning systems within surrender of the Leased Premises and all man doors and roll-up truck doors serving the Leased Premises to the extent that such systems and/or items are not in good operating condition as accomplish a termination of the date Tenant accepts possession of the Leased Premises; provided that, an only if, Tenant notifies Landlord in writing of such failures or deficiencies within five business days from the date Tenant so accepts possession of the this Lease Premisesby Tenant.

ACCEPTANCE OF POSSESSION. Tenant acknowledges that it has inspected the Leased Premises and is willing to accept them in their existing condition, broom clean, unless Landlord shall have agreed, as a condition to Tenant’s obligation to accept possession of the Leased Premises, pursuant to an Addenda attached to and made a part of this Lease to modify existing interior improvements or to make, construct and/or install additional specified improvements within the Leased Premises, in which case Tenant agrees to accept possession of the Lease Premises when Landlord has substantially completed such modifications or improvements and the Lease Premises are Ready for Occupancy. If Landlord shall have so modified existing improvements or constructed additional improvements within the Leased Premises for Tenant, Tenant shall, with Tenant’s punch list Period (as set forth in Article 1) which shall commence on the date that Landlord notifies Tenant that the Leased Premises are Ready for Occupancy, submit to Landlord a punch list of all incomplete and/or improper worked performed by Landlord. Upon the expiration of Tenant’s punch list 's Punchlist Period, Tenant shall be conclusively deemed to have accepted the condition of the Leased Premises in their then-existing condition as so delivered by landlord Landlord to Tenant, except as to those items reasonably set forth in the punchlist submitted to Landlord prior to the expiration of said period. Landlord agrees to correct all items reasonably set forth in Tenant’s punch list's punchlist, at Landlord's sole cost and expense, provided that such punch list punchlist was submitted to Landlord with within Tenant’s Punch list 's Punchlist Period. AdditionallyThe punchlist items shall consist of making the repairs and effecting the service as noted below, and shall be limited to such. Landlord agrees to place in good working order all existing plumbing, lighting, ceiling tiles, skylights (including replacing cracked or duct-taped skylights), elevator, electrical systems, heating, ventilating and air conditioning systems within the Leased Premises and all man doors and roll-up truck doors serving the Leased Premises to the extent that such systems and/or items are not in good operating condition as of the date Tenant accepts possession of the Leased Premises; , or as quickly thereafter as can be reasonably accomplished, provided that, an and only if, Tenant notifies Landlord in writing of such failures or deficiencies within five business thirty calendar days from the date Tenant so accepts possession of the Leased Premises. Notwithstanding the foregoing, Landlord warrants and represents that the Leased Premises shall comply with all Laws, (including, without limitation, the ADA) as of the Lease PremisesExecution Date.

ACCEPTANCE OF POSSESSION. Tenant acknowledges that it has inspected the Leased Premises Premises, the Building, and is willing to accept the Project and accepts them in their existing condition, broom clean, unless Landlord shall have agreed, as a condition to Tenant’s 's obligation to accept possession of the Leased Premises, pursuant to an Addenda attached Paragraph 15.3, to and made a part of this Lease to construct, install or modify existing interior improvements or to make, construct and/or install additional specified improvements within the Leased Premisesthereto, in which case Tenant Xxxxxx agrees to accept possession of the Lease Premises when Landlord has substantially completed such modifications or improvements and the Lease Premises are Ready for Occupancy. If Landlord shall have so modified existing improvements or constructed additional improvements within the Leased Premises for Tenant, Tenant shall, with within Tenant’s punch list 's Punchlist Period (as set forth in Article 1) ), which shall commence on the date that Landlord notifies Tenant that the Leased Premises are Ready for Occupancy, submit to Landlord a punch list Punchlist of all incomplete and/or improper worked work performed by Landlord. Upon the expiration of Tenant’s punch list Xxxxxx's Punchlist Period, Tenant shall be conclusively deemed to have accepted the Leased Premises in their then-then existing condition as so delivered by landlord Landlord to Tenant, except as to those items reasonably set forth in the Punchlist submitted to Landlord prior to the expiration of said period. Xxxxxxxx agrees to correct all items reasonably set forth in Tenant’s punch list's Punchlist, provided that such punch list Punchlist was submitted to Landlord with within Tenant’s Punch list 's Punchlist Period. Additionally, Landlord agrees Xxxxxxxx agrees, as of the Lease Commencement Date to place in good working order all existing plumbing, lighting, heating, ventilating ventilating, and air conditioning systems within the Leased Premises and all man main doors and roll-up truck doors serving the Leased Premises Premises, and to the extent that such systems and/or items are not in good operating condition as of the date Tenant accepts possession Lease Commencement Date Landlord will rectify in a reasonable period of the Leased Premisestime said issue; subject to and provided that, an and only if, Tenant notifies Landlord in writing of such failures or deficiencies within five (5) business days from the date Tenant so accepts possession of the Lease Premises, regardless if the Punchlist Period is in excess of five business days.

ACCEPTANCE OF POSSESSION. Tenant acknowledges that it has inspected the Leased Premises and is willing to accept them in their existing condition, broom clean, unless Landlord shall have agreed, as a condition to Tenant’s 's obligation to accept possession of the Leased Premises, pursuant to an Exhibit or Addenda attached to and made a part of this Lease to modify existing interior improvements or to make, construct and/or install additional specified improvements within the Leased Premises, in which case Tenant agrees to accept possession of the Lease Leased Premises when Landlord has substantially completed such modifications or improvements and the Lease Leased Premises are Ready for OccupancyOccupancy (see attached). If Landlord shall have so modified existing improvements or constructed additional improvements within the Leased Premises for Tenant, Tenant shall, with within Tenant’s punch list 's Punchlist Period (as set forth in Article 1) which shall commence on the date that Landlord notifies Tenant that the Leased Premises are Ready for Occupancy, submit to Landlord a punch list signed copy of the Acceptance Agreement attached hereto as Exhibit "D" together with a punchlist of all incomplete and/or improper worked work performed by Landlord. Upon the expiration of Tenant’s punch list 's Punchlist Period, Tenant shall be conclusively deemed to have accepted the Leased Premises in their then-existing condition as so delivered by landlord Landlord to Tenant, except as to those items reasonably set forth in the punchlist submitted to Landlord prior to the expiration of said period. Landlord agrees to correct all items reasonably set forth in Tenant’s punch list's punchlist, provided that such punch list punchlist was submitted to Landlord with within Tenant’s Punch list 's Punchlist Period. Additionally, Landlord agrees to place in good working order all existing plumbing, lighting, heating, ventilating and air conditioning systems within the Leased Premises and all man doors and roll-up truck doors serving the Leased Premises to the extent that such systems and/or items are not in good operating condition as of the date Tenant accepts possession of the Leased Premises; provided that, an and only if, Tenant notifies Landlord in writing of such failures or deficiencies within five business days from the date Tenant so accepts possession of the Lease Premises.Tenant

ACCEPTANCE OF POSSESSION. Tenant acknowledges that it has inspected the Leased Premises and is willing to accept them in their existing condition, broom clean, unless Landlord shall have agreed, as a condition to Tenant’s obligation to accept possession of the Leased Premises, pursuant to an Addenda attached to and made a part of this Lease to modify existing interior improvements or to make, construct and/or install additional specified improvements within the Leased Premises, in which case Tenant agrees to accept possession of the Lease Premises when Landlord has substantially completed such modifications or improvements and the Lease Premises are Ready for Occupancy. If Landlord shall have so modified existing improvements or constructed additional improvements within the Leased Premises for Tenant, Tenant shall, with Tenant’s punch list Period (as set forth in Article 1) which shall commence on the date that Landlord notifies Tenant that the Leased Premises are Ready for Occupancy, submit to Landlord a punch list of all incomplete and/or improper worked performed by Landlord. Upon the expiration of Tenant’s punch list Punchlist Period, Tenant shall be conclusively deemed to have accepted the Leased Premises in their then-existing condition as so delivered by landlord Landlord to Tenant, except as to those items reasonably set forth in the punchlist submitted to Landlord prior to the expiration of said period. Landlord agrees at Landlord’s sole cost and without reimbursement from Tenant to correct all items reasonably set forth in Tenant’s punch listpunchlist, provided that such punch list punchlist was submitted to Landlord with within Tenant’s Punch list Punchlist Period. Additionally, Landlord agrees at Landlord’s sole cost and without reimbursement from Tenant to place in good working order all existing plumbing, lighting, heating, ventilating and air conditioning systems within the Leased Premises and all man doors and roll-up truck doors serving the Leased Premises to the extent that such systems and/or items are not in good operating condition as of the date Tenant accepts possession of the Leased Premises; provided that, an and only if, Tenant notifies Landlord in writing of such failures or deficiencies within five business days from the date Tenant so accepts possession of the Lease PremisesTenant’s Punchlist Period.

ACCEPTANCE OF POSSESSION. Tenant acknowledges that it has inspected the Leased Premises and is willing to accept them in their existing condition, broom clean, unless Landlord shall have agreed, as a condition to Tenant’s obligation to accept possession of the Leased Premises, pursuant to an Addenda attached to and made a part of this Lease to modify existing interior improvements or to make, construct and/or install additional specified improvements within the Leased Premises, in which case Tenant agrees to accept possession of the Lease Premises when Landlord has substantially completed such modifications or improvements and the Lease Premises are Ready for Occupancy. If Landlord shall have so modified existing improvements or constructed additional improvements within the Leased Premises for Tenant, Tenant shall, with Tenant’s punch list Period (as set forth in Article 1) which shall commence on the date that Landlord notifies Tenant that the Leased Premises are Ready for Occupancy, submit to Landlord a punch list of all incomplete and/or improper worked performed by Landlord. Upon the expiration of Tenant’s punch list 's Punchlist Period, . Tenant shall be conclusively deemed to have accepted the condition of the Leased Premises in their then-existing condition as so delivered by landlord Landlord to Tenant, except as to those Items reasonably set forth in the punchlist submitted to Landlord prior to the expiration of said period. Landlord agrees to correct all items reasonably set forth in Tenant’s punch list's punchlist, at Landlord's sole cost and expense, provided that such punch list punchlist was submitted to Landlord with within Tenant’s Punch list 's Punchlist Period. AdditionallyThe punchlist items shall consist of making the repairs and effecting the service as noted below, and shall be limited to such. Landlord agrees to place in good working order all existing plumbing, lighting, ceiling tiles, skylights (including replacing cracked or duct-taped skylights), elevator, electrical systems, heating, ventilating and air conditioning systems within the Leased Premises and all man doors and roll-up truck doors serving the Leased Premises to the extent that such systems and/or items are not in good operating condition as of the date Tenant accepts excepts possession of the Leased Premises; , or as quickly thereafter as can be reasonably accomplished, provided that, an and only if, Tenant notifies Landlord in writing of such failures or deficiencies within five business thirty calendar days from the date Tenant so accepts possession of the Leased Premises. Notwithstanding the foregoing, Landlord warrants and represents that the Leased Premises shall comply with all Laws, (including, without limitation, the ADA) as of the Lease PremisesExecution Date.

ACCEPTANCE OF POSSESSION. Tenant acknowledges that it has inspected the Leased Premises and is willing to accept them in their existing condition, broom clean, unless Landlord shall have agreed, as a condition to Tenant’s 's obligation to accept possession of for the Leased Premises, Premises pursuant to an a written Exhibit or Addenda attached to and made a part of this Lease the Lease, to modify existing interior improvements or to make, construct and/or install additional specified improvements within the Leased Premises, in which case Tenant agrees to accept possession of the Lease Leased Premises when Landlord has substantially completed such modifications or improvements and the Lease Leased Premises are Ready for Occupancy. If Landlord shall have so modified existing improvements or constructed additional improvements within the Leased Premises for Tenant, Tenant shall, with within Tenant’s punch list 's Punchlist Period (as set forth in Article 1I) which shall commence on the date that Landlord notifies Tenant that the agreed improvements have been completed and the Leased Premises are Ready for Occupancy, submit to Landlord a punch list signed copy of the Acceptance Agreement attached hereto as Exhibit "D" together with a punchlist of all incomplete and/or improper worked work performed by Landlord. Upon the expiration of Tenant’s punch list 's Punchlist Period, Tenant shall be conclusively deemed to have accepted the Leased Premises in their then-existing condition as so delivered by landlord Landlord to Tenant, except as to those items reasonably set forth in the punchlist submitted to Landlord prior to the expiration of said period. Landlord agrees to correct all items reasonably set forth in Tenant’s punch list's punchlist, provided that such punch list punchlist was submitted to Landlord with within Tenant’s Punch list 's Punchlist Period. Additionally, Landlord agrees to place in good working order all existing plumbing, lighting, heating, ventilating and air conditioning systems within the Leased Premises and all man doors and roll-up truck doors serving the Leased Premises to the extent that such systems and/or items are not in good operating condition as of the date Tenant accepts possession of the Leased Premises; provided that, an and only if, Tenant notifies Landlord in writing of such failures or deficiencies within five business days from the date Tenant so accepts possession of the Lease Leased Premises.

ACCEPTANCE OF POSSESSION. Tenant acknowledges that it has inspected the Leased Premises Lessee covenants and is willing agrees that, prior to accept them in their existing condition, broom clean, unless Landlord shall have agreed, as a condition to Tenant’s obligation to accept taking possession of the Leased Premisesdemised premises, pursuant it will inspect and examine the condition of the said demised premises and every part thereof and that such inspection and examination shall be made within five (5) days from date Lessor notifies Lessee that the demised premises are ready for occupancy and the Lessee will take and accept possession and occupancy of demised premises on date of said inspection, provided facilities are found to an Addenda attached to and made a part be in substantial conformance with specifications set forth in Schedule "A". Acceptance of this Lease to modify existing interior improvements or to make, construct and/or install additional specified improvements within the Leased Premises, in which case Tenant agrees to accept possession of the Lease Premises when Landlord herein demised premises by Lessee shall constitute an agreement by Lessee with Lessor that the demised premises are in good and tenantable condition and that Lessor has substantially completed such modifications complied with each and every obligation on its part to be performed relating thereto, except Lessor shall and hereby agrees that any incomplete work or improvements and the Lease Premises are Ready for Occupancy. If Landlord shall have so modified existing improvements or constructed additional improvements within the Leased Premises for Tenant, Tenant shall, items not in conformance with Tenant’s punch list Period (as specifications set forth in Article 1) which Schedule "A", at time of inspection, will without delay, and with reasonable expedition thereafter be repaired, completed or otherwise made to conform to said specifications, and thereafter, unless otherwise expressly provided for herein, Lessee shall commence have no claims or demands and shall not assert any claims or demands of any character based upon or arising out of the condition of the demised premises, or any alleged failure of the Lessor or provide demised property in the manner and within the time provided for in this Lease. If Lessee does not take possession as herein provided this Lease shall be, at Lessor's option, terminated by reason of default on the date that Landlord notifies Tenant that part of the Leased Premises are Ready Lessee and the Security Deposit, herein provided for, will be paid to and forfeited to the Lessor and in addition Lessee will reimburse Lessor for Occupancy, submit to Landlord a punch list all expenditures made by Lessor in providing the Leasehold improvements for Lessee as specified in Schedule "A" and/or Lessee and Lessor approved plans and specifications or by written request of all incomplete and/or improper worked performed Lessee and Lessee shall also repay Lessor for any expenditures by Landlord. Upon the expiration Lessor for removal of Tenant’s punch list Period, Tenant shall be conclusively any of said Leasehold Improvements not deemed to have accepted the Leased Premises in their then-existing condition as so delivered by landlord to Tenant, except as to those items reasonably set forth in Tenant’s punch list, provided that such punch list was submitted to Landlord with Tenant’s Punch list Period. Additionally, Landlord agrees to place in good working order all existing plumbing, lighting, heating, ventilating and air conditioning systems within the Leased Premises and all man doors and roll-up truck doors serving the Leased Premises be an asset to the extent that such systems and/or items are not in good operating condition as of demised premises by the date Tenant accepts possession of the Leased Premises; provided that, an only if, Tenant notifies Landlord in writing of such failures or deficiencies within five business days from the date Tenant so accepts possession of the Lease PremisesLessor.

ACCEPTANCE OF POSSESSION. Tenant acknowledges that it has inspected the Leased Premises and is willing to accept them in their existing condition, broom clean, unless Landlord shall have agreed, as a condition to Tenant’s obligation to accept possession of the Leased Premises, pursuant to an Addenda attached to and made a part of this Lease to modify existing interior improvements or to make, construct make construction and/or install additional specified improvements within the Leased Premisespremises, in which case Tenant agrees to accept possession of the Lease Leased Premises when Landlord has substantially completed such modifications or improvements and the Lease Leased Premises are Ready for Occupancy. If Landlord shall have so modified existing improvements or constructed additional improvements within the Leased Premises for Tenant, Tenant shall, with within Tenant’s punch list Punchlist Period (as set forth in Article 1I) which shall commence on the date that Landlord notifies Tenant that the Leased Premises are Ready for Occupancy, submit to Landlord a punch list punchlist of all incomplete and/or improper worked work performed by Landlord. Upon the expiration of Tenant’s punch list Punchlist Period, Tenant shall be conclusively deemed to have accepted the Leased Premises in their then-existing condition as so delivered by landlord Landlord to Tenant, except as to those items reasonably set forth in the punchlist submitted to Landlord prior to the expiration of said period. Landlord agrees to correct all items reasonably set forth in Tenant’s punch listPunchlist, provided that such punch list punchlist was submitted to Landlord with within Tenant’s Punch list Punchlist Period. Additionally, Landlord agrees to place in good working order all existing plumbing, lighting, heating, ventilating and air conditioning systems within the Leased Premises and all man doors and roll-up truck doors serving the Leased Premises to the extent that such systems and/or items are not in good operating condition as of the date Tenant accepts possession of the Leased Premises; provided that, an and only if, Tenant notifies Landlord in writing of such failures or deficiencies within five business days from the date Tenant so accepts possession of the Lease Premises.

ACCEPTANCE OF POSSESSION. Tenant acknowledges that it has inspected the Leased Premises and is willing to accept them in their existing condition, broom clean, unless Landlord shall have agreed, as a condition to Tenant’s obligation to accept possession of the Leased Premises, pursuant to an Exhibit or Addenda attached to and made a part of this Lease to modify existing interior improvements or to make, construct and/or install additional specified improvements within the Leased Premises, in which case Tenant agrees to accept possession of the Lease Leased Premises when Landlord has substantially completed such modifications or improvements and the Lease Leased Premises are Ready for Occupancy. If Landlord shall have so modified existing improvements or constructed additional improvements within the Leased Premises for Tenant, Tenant shall, with within Tenant’s punch list Punchlist Period (as set forth in Article 1) which shall commence on the date that Landlord notifies Tenant that the Leased Premises are Ready for OccupancyOccupancy and delivers possession of the Leased Premises to Tenant, submit to Landlord a punch list signed copy of the Acceptance Agreement attached hereto as Exhibit “E” together with a punchlist of all incomplete and/or improper worked work performed by Landlord. Upon the expiration of Tenant’s punch list Punchlist Period, Tenant shall be conclusively deemed to have accepted the Leased Premises in their then-existing condition as so delivered by landlord Landlord to Tenant, except as to those items reasonably set forth in the punchlist submitted to Landlord prior to the expiration of said period. Landlord agrees to correct promptly all items reasonably set forth in Tenant’s punch listpunchlist, provided that such punch list punchlist was submitted to Landlord with within Tenant’s Punch list Punchlist Period. Additionally, Landlord agrees to place in good working order all existing plumbing, lighting, electrical, life safety, access control, heating, ventilating and air conditioning systems within the Leased Premises and all man doors and roll-up truck doors serving the Leased Premises to the extent that such systems and/or items are not in good operating condition as of the date Tenant accepts possession of the Leased Premises; provided that, an and only if, Tenant notifies Landlord in writing of such failures or deficiencies within five business days from the date Tenant so accepts possession of the Lease PremisesPunchlist Period.

ACCEPTANCE OF POSSESSION. Tenant acknowledges that it has inspected the Leased Premises and is willing to accept them in their existing condition, broom clean, unless Landlord shall have agreed, as a condition to Tenant’s 's obligation to accept possession of the Leased Premises, Premises pursuant to an a written Addenda attached to and made a part of this Lease Lease, to modify existing interior improvements or to make, construct and/or install additional specified improvements within the Leased Premises, in which case Tenant agrees to accept possession of the Lease Leased Premises when Landlord has substantially completed such modifications or improvements and the Lease Leased Premises are Ready for Occupancy. If Landlord shall have so modified existing improvements or constructed additional improvements within the Leased Premises for Tenant, Tenant shall, with within Tenant’s punch list 's Punchlist Period (as set forth in Article 1) which shall commence on the date that Landlord notifies Tenant that the Leased agreed improvements have been completed and the Lease Premises are Ready for Occupancy, submit to Landlord a punch list punchlist of all incomplete and/or improper worked work performed by Landlord. , Upon the expiration of Tenant’s punch list 's Punchlist Period, Tenant shall be conclusively deemed to have accepted the Leased Premises in their then-existing condition as so delivered by landlord Landlord to Tenant, except as to those items reasonably set forth in the punchlist submitted to Landlord prior to the expiration of said period. Landlord agrees to correct all items reasonably set forth in Tenant’s punch list's punchlist, provided that such punch list punchlist was submitted to Landlord with within Tenant’s Punch list 's Punchlist Period. Additionally, Landlord agrees to place in good working order all existing plumbing, lighting, heating, ventilating and air conditioning systems within the Leased Premises and all man doors and roll-up truck doors serving the Leased Premises to the extent that such systems and/or items are not in good operating condition as of the date Tenant accepts possession of the Leased Premises; provided that, an and only if, Tenant notifies Landlord in writing of such failures or deficiencies within five business days from the date Tenant so accepts possession of the Lease Leased Premises.

ACCEPTANCE OF POSSESSION. Tenant acknowledges that it has inspected the Leased Premises and is willing to accept them in their existing condition, broom clean, unless Landlord shall have agreed, as a condition to Tenant’s 's obligation to accept possession of the Leased Premises, Premises pursuant to an a written Addenda attached to and made a part of this Lease Lease, to modify existing interior improvements or to make, construct and/or install additional specified improvements within the Leased Premises, in which case Tenant agrees to accept possession of the Lease Leased Premises when Landlord has substantially completed such modifications or improvements and the Lease Leased Premises are Ready for Occupancy. If Landlord shall have so modified existing improvements or constructed additional improvements within the Leased Premises for Tenant, Tenant shall, with within Tenant’s punch list 's Punchlist Period (as set forth in Article 1) which shall commence on the date that Landlord notifies Tenant that the Leased agreed improvements have been completed and the Lease Premises are Ready for Occupancy, submit to Landlord a punch list punchlist of all incomplete and/or improper worked work performed by Landlord. Upon the expiration of Tenant’s punch list 's Punchlist Period, Tenant shall be conclusively deemed to have accepted the Leased Premises in their then-existing condition as so delivered by landlord Landlord to Tenant, except as to those items reasonably set forth in the punchlist submitted to Landlord prior to the expiration of said period. Landlord agrees to correct all items reasonably set forth in Tenant’s punch list's punchlist, provided that such punch list punchlist was submitted to Landlord with within Tenant’s Punch list 's Punchlist Period. Additionally, Landlord agrees to place in good working order all existing plumbing, lighting, heating, ventilating and air conditioning systems within the Leased Premises and all man doors and roll-up truck doors serving the Leased Premises to the extent that such systems and/or items are not in good operating condition as of the date Tenant accepts possession of the Leased Premises; provided that, an and only if, Tenant notifies Landlord in writing of such failures or deficiencies within five business days from the date Tenant so accepts possession of the Lease Leased Premises.

ACCEPTANCE OF POSSESSION. On the date of this Lease, Wyeth is leasing the Premises pursuant to 2 leases (the “Wyeth Master Leases”) between Landlord and Wyeth Holdings Corporation (“Wyeth”), and Tenant acknowledges that it has inspected is subleasing and in possession of, most of the Leased Premises and is willing pursuant to accept them in their existing condition, broom clean, unless Landlord shall have agreed2 subleases (the “Wyeth Subleases”) between Wyeth, as a condition the sublessor, and Tenant, as the sublessee. The Wyeth Master Leases and the Wyeth Subleases are scheduled to Tenant’s obligation to expire on November 30, 2007. Tenant shall unconditionally accept possession of the Leased Premisesentire Premises in their “as-is” condition on December 1, pursuant 2007. Tenant acknowledges and agrees that neither Landlord nor any of Landlord’s agents or representatives has made any representations or warranties as to an Addenda attached to and made a part of this Lease to modify existing interior improvements the suitability, safety, or to make, construct and/or install additional specified improvements within the Leased Premises, in which case Tenant agrees to accept possession fitness of the Lease Premises when Landlord has substantially completed such modifications or improvements and the Lease Premises are Ready for Occupancy. If Landlord shall have so modified existing improvements or constructed additional improvements within the Leased Premises for Tenant, Tenant shall, with Tenant’s punch list Period (as set forth in Article 1) which shall commence on the date that Landlord notifies Tenant that the Leased Premises are Ready for Occupancy, submit to Landlord a punch list of all incomplete and/or improper worked performed by Landlord. Upon the expiration conduct of Tenant’s punch list business, Tenant’s intended use of the Premises, or for any other purpose. Tenant acknowledges that Landlord has not made, and Landlord disclaims, any representation as to the condition or repair of the Premises. Except for the Landlord’s Work, Landlord has no obligation to alter, remodel, repair, or improve the Premises, or to remove or demolish any part of the Premises in connection with entering into this Lease. Except for the Allowance and the free Net Rent during the Net Rent Free Period, Landlord has no obligation to provide any tenant improvement allowance, any “move-in” allowance, any free rent period, or any other inducement of any nature to enter into this Lease. Tenant shall be conclusively deemed to have accepted solely responsible for ensuring that the Leased Premises in their then-existing condition as so delivered by landlord to Tenant, except as to those items reasonably set forth in fully meet Tenant’s punch listneeds, provided that such punch list was submitted to Landlord with Tenant’s Punch list Period. Additionally, Landlord agrees to place in good working order all existing plumbing, lighting, heating, ventilating and air conditioning systems within the Leased Premises and all man doors and roll-up truck doors serving the Leased Premises including but not limited to the extent that such sprinkler system, smoke hatches (if any), draft curtains (if any), fire hose racks (if any), and the other fire protection and life safety features and systems and/or items are not in good operating condition as of the date Tenant accepts possession of the Leased Premises; provided that, an only if, Tenant notifies Landlord in writing of such failures or deficiencies within five business days from the date Tenant so accepts possession of the Lease Premises. 1 AppTec

ACCEPTANCE OF POSSESSION. Tenant acknowledges that it has inspected the Leased Premises and is willing to accept them in their existing condition, broom clean, unless Landlord shall have agreed, as a condition to Tenant’s 's obligation to accept possession of the Leased Premises, pursuant to an Addenda attached to and made a part of this Lease to modify existing interior improvements or to make, construct make construction and/or install additional specified improvements within the Leased Premisespremises, in which case Tenant agrees to accept possession of the Lease Leased Premises when Landlord has substantially completed such modifications or improvements and the Lease Leased Premises are Ready for Occupancy. If Landlord shall have so modified existing improvements or constructed additional improvements within the Leased Premises for Tenant, Tenant shall, with within Tenant’s punch 's Punch list Period (as set forth in Article 1) which shall commence on the date that Landlord notifies Tenant that the Leased Premises are Ready for Occupancy, submit to Landlord a punch list of all incomplete and/or improper worked work performed by Landlord. Upon the expiration of Tenant’s punch 's Punch list Period, Tenant shall be conclusively deemed to have accepted the Leased Premises in their then-existing condition as so delivered by landlord Landlord to Tenant, except as to those items reasonably set forth in the punch list submitted to Landlord prior to the expiration of said period. Landlord agrees to correct all items reasonably set forth in Tenant’s punch 's Punch list, provided that such punch list was submitted to Landlord with within Tenant’s 's Punch list Period. Additionally, Landlord agrees to place in good working order all existing plumbing, lighting, heating, ventilating and air conditioning systems within the Leased Premises and all man doors and roll-up truck doors serving the Leased Premises to the extent that such systems and/or items are not in good operating condition as of the date Tenant accepts possession of the Leased Premises; provided that, an and only if, Tenant notifies Landlord in writing of such failures or deficiencies within five thirty (30) business days from the date Tenant so accepts possession of the Lease Premises.

ACCEPTANCE OF POSSESSION. On the date of this Lease, Wyeth is leasing the Premises pursuant to 2 leases (the “Wyeth Master Leases”) between Landlord and Wyeth Holdings Corporation (“Wyeth”), and Tenant acknowledges that it has inspected is subleasing and in possession of, most of the Leased Premises and is willing pursuant to accept them in their existing condition, broom clean, unless Landlord shall have agreed2 subleases (the “Wyeth Subleases”) between Wyeth, as a condition the sublessor, and Tenant, as the sublessee. The Wyeth Master Leases and the Wyeth Subleases are scheduled to Tenant’s obligation to expire on November 30, 2007. Tenant shall unconditionally accept possession of the Leased Premisesentire Premises in their “as-is” condition on December 1, pursuant 2007. Tenant acknowledges and agrees that neither Landlord nor any of Landlord’s agents or representatives has made any representations or warranties as to an Addenda attached to and made a part of this Lease to modify existing interior improvements the suitability, safety, or to make, construct and/or install additional specified improvements within the Leased Premises, in which case Tenant agrees to accept possession fitness of the Lease Premises when Landlord has substantially completed such modifications or improvements and the Lease Premises are Ready for Occupancy. If Landlord shall have so modified existing improvements or constructed additional improvements within the Leased Premises for Tenant, Tenant shall, with Tenant’s punch list Period (as set forth in Article 1) which shall commence on the date that Landlord notifies Tenant that the Leased Premises are Ready for Occupancy, submit to Landlord a punch list of all incomplete and/or improper worked performed by Landlord. Upon the expiration conduct of Tenant’s punch list business, Tenant’s intended use of the Premises, or for any other purpose. Tenant acknowledges that Landlord has not made, and Landlord disclaims, any representation as to the condition or repair of the Premises. Except for the Landlord’s Work, Landlord has no obligation to alter, remodel, repair, or improve the Premises, or to remove or demolish any part of the Premises in connection with entering into this Lease. Except for the Allowance and the free Net Rent during the Net Rent Free Period, Landlord has no obligation to provide any tenant improvement allowance, any “move-in” allowance, any free rent period, or any other inducement of any nature to enter into this Lease. Tenant shall be conclusively deemed to have accepted solely responsible for ensuring that the Leased Premises in their then-existing condition as so delivered by landlord to Tenant, except as to those items reasonably set forth in fully meet Tenant’s punch listneeds, provided that such punch list was submitted to Landlord with Tenant’s Punch list Period. Additionally, Landlord agrees to place in good working order all existing plumbing, lighting, heating, ventilating and air conditioning systems within the Leased Premises and all man doors and roll-up truck doors serving the Leased Premises including but not limited to the extent that such sprinkler system, smoke hatches (if any), draft curtains (if any), fire hose racks (if any), and the other fire protection and life safety features and systems and/or items are not in good operating condition as of the date Tenant accepts possession of the Leased Premises; provided that, an only if, Tenant notifies Landlord in writing of such failures or deficiencies within five business days from the date Tenant so accepts possession of the Lease Premises.

ACCEPTANCE OF POSSESSION. As soon as the Tenant acknowledges Improvements are Substantially Complete (exclusive of custom features, such as entrance stair, water feature, and boardroom upgrades) and Sublandlord has given Subtenant reasonable prior written notice of the time and date therefor, Sublandlord and Subtenant shall together walk through and inspect the Premises. After such inspection has been completed, each party shall sign an acceptance agreement, which shall (i) include a list of all "punch list" items which the parties agree are to be corrected by Sublandlord, and (ii) shall state the Commencement Date as provided above. Sublandlord shall use reasonable efforts to complete and/or repair such "punch list" items within thirty (30) days after executing the acceptance agreement. After completion of the custom features, Sublandlord and Subtenant shall prepare a punch list for these elements. The parties' preparation of such a "punch list" and execution of an acceptance agreement shall be deemed an acceptance by Subtenant of the Premises as complete and free from defects except as noted in the punch list, but shall not in any way affect the following warranty obligations of Sublandlord: Notwithstanding anything to the contrary in the Sublease, effective upon delivery of the Premises to Subtenant, Sublandlord does hereby warrant (i) that it the Tenant Improvements were constructed in accordance with all applicable Governmental Requirements, (ii) that the Tenant Improvements were constructed in accordance with the approved final Construction Drawings and in a good and workmanlike manner, (iii) that all material and equipment installed in the Premises conformed to the approved final Construction Drawings, was new and otherwise of good quality and was installed in accordance with all vendor's and manufacturer's specifications, instructions and requirements, and (iv) that all material and equipment installed in the Premises has inspected the Leased Premises been paid for and is willing free of liens, security interests or chattel mortgages. All construction, product and equipment warranties and guarantees obtained by Sublandlord shall, to accept them in their existing conditionthe extent obtainable, broom clean, unless Landlord provide that such warranties and guarantees shall also run to the benefit of Subtenant and its successors and assigns. Subtenant shall have agreedthe benefit of any construction, as a condition to Tenant’s obligation to accept possession product and equipment warranties and guarantees in favor of Sublandlord that would assist Subtenant in correcting defects and in discharging any of Subtenant's obligations regarding the repair and maintenance of the Leased Premises. Upon written request by Subtenant, pursuant Sublandlord shall inform Subtenant of all written construction, product and equipment warranties and guarantees in favor of Sublandlord which affect the Premises. Notwithstanding anything to an Addenda attached to and made a part of this Lease to modify existing interior improvements or to makethe contrary contained in the Sublease, construct and/or install additional specified improvements within the Leased Premises, in which case Tenant agrees to accept possession Subtenant's acceptance of the Lease Premises when Landlord has substantially completed such modifications or improvements shall not be deemed a waiver of the foregoing warranty, and Sublandlord shall promptly repair all violations of the Lease Premises are Ready for Occupancy. If Landlord shall have so modified existing improvements or constructed additional improvements within the Leased Premises for Tenant, Tenant shall, with Tenant’s punch list Period (as warranty set forth in Article this paragraph at its sole cost and expense. SUBTENANT: SUBLANDLORD: Vitria Technology, Inc., Applied Materials, Inc., a California corporation a Delaware corporation By: /s/ Xxxx X. Xxxxx By: /s/ Xxxxxx X. ---------- -------------------------------- --------------------------------- Name: Xxxx X. Xxxxx Name: Xxxxxx X. -------- ------------------------------ ------------------------------- Title: Chief Financial Officer Title: ----------------------------- ------------------------------- By: /s/ Xx Xxx Xxxxx By: -------------------------------- --------------------------------- Print Name: Xx Xxx Xxxxx Print Name: ------------------------ ------------------------- Title: President & CEO Title: ----------------------------- ------------------------------ Schedule "1) which shall commence on " to Exhibit C BUILDING STANDARD IMPROVEMENTS Unless otherwise agreed by both Subtenant and Sublandlord, the date that Landlord notifies Tenant that the Leased Premises are Ready for Occupancyfollowing materials, submit to Landlord a punch list of all incomplete and/or improper worked performed by Landlord. Upon the expiration of Tenant’s punch list Periodor comparable substitute materials, Tenant shall be conclusively deemed used by Sublandlord in completing the Improvements for the Premises. Drywall Partitions: Building-standard interior partitions to have accepted the Leased Premises in their thenconsist of 3 5/8" metal studs, with one layer 5/8" gypsum board each side. All partitions to be taped and prepared for light texture paint finish. Door: Interior door assembly to be paint grade wood- veneer, solid-existing condition as so delivered core doors, 3 feet wide by landlord 7' height. Door Frame: Hollow metal knock-down, painted building- standard color. Door Hardware: Chrome lever handle latchset, three pair butt hinges. Entry Door Assembly: Door assembly to Tenantbe determined, except as to those items reasonably set forth in Tenant’s punch list, provided that such punch list was submitted to Landlord with Tenant’s Punch list Period. Additionally, Landlord agrees to place in good working order all existing plumbing, lighting, heating, ventilating frame and air conditioning systems within the Leased Premises and all man doors and roll-up truck doors serving the Leased Premises to the extent that such systems and/or items are not in good operating condition as of the date Tenant accepts possession of the Leased Premises; provided that, an only if, Tenant notifies Landlord in writing of such failures or deficiencies within five business days from the date Tenant so accepts possession of the Lease Premiseslockset included.

ACCEPTANCE OF POSSESSION. On the date Tenant commences occupancy of the Premises Tenant acknowledges that it has inspected the Leased Premises and is willing to accept them in their existing conditioncondition (excepting latent defects), broom clean, unless Landlord shall have agreed, as a condition to Tenant’s 's obligation to accept possession of the Leased Premises, Premises pursuant to an a written Exhibit or Addenda attached to and made a part of this Lease the Lease, to modify existing interior improvements or to make, construct and/or install additional specified improvements within the Leased Premises and/or to construct the Leased Premises, in which case Tenant agrees to accept possession of the Lease Leased Premises when Landlord has substantially completed such modifications or improvements and the Lease Leased Premises are Ready for Occupancy. If Landlord shall have so modified existing improvements or constructed additional improvements within the Leased Premises for TenantTenant and/or to construct the Leased Premises, Tenant shall, with within Tenant’s punch list 's Punchlist Period (as set forth in Article 1I) which shall commence on the date that Landlord notifies Tenant that the agreed improvements have been completed and the Leased Premises are Ready for Occupancy, submit to Landlord a punch list signed copy of the Acceptance Agreement attached hereto as Exhibit "D" together with a punchlist of all incomplete and/or improper worked work performed by Landlord. Upon the expiration of Tenant’s punch list 's Punchlist Period, Tenant shall be conclusively deemed to have accepted the Leased Premises in their then-existing condition as so delivered by landlord Landlord to Tenant, except as to latent defects and those items reasonably set forth in the punchlist submitted to Landlord prior to the expiration of said period. Landlord agrees to correct all items reasonably set forth in Tenant’s punch list's punchlist, provided that such punch list punchlist was submitted to Landlord with within Tenant’s Punch list 's Punchlist Period. Additionally, Landlord agrees to place in good working order all existing plumbing, lighting, heating, ventilating and air conditioning systems within the Leased Premises and all man doors and roll-up truck doors serving the Leased Premises to the extent that such systems and/or items are not in good operating condition as condition. Notwithstanding anything to the contrary in Section 2.5 of the date Lease Form, Landlord warrants that the construction of the Building, Outside Areas and Tenant accepts possession Improvements will be performed substantially in accordance with the Construction Drawings (as defined in Exhibit C) in a good and workmanlike manner, free of defects and the Building, Outside Areas, and Leased Premises shall be in compliance with all laws, codes, ordinances, rules and regulations, and that all materials and equipment furnished will substantially conform to said drawings and will be new and otherwise of good quality. This warranty does not extend to, and neither Landlord nor Landlord's general contractor shall be liable for, any defect in construction or equipment which is discovered more than one year after the recordation of a notice of completion for the Building. Tenant shall promptly notify Landlord in writing of any defect in construction or equipment covered within such one-year period, and promptly thereafter Landlord shall commence the cure of each such defect and complete such cure with diligence at Landlord's cost and expense, not to be passed through to Tenant. With respect to defects discovered after the expiration of such one-year period, Landlord and Tenant acknowledge that they intend that Tenant shall have the benefit of any express or implied construction or equipment warranties existing in favor of Landlord and against all third parties which would assist Tenant in correcting such defects and in discharging its obligations regarding the repair and maintenance of the Leased Premises; provided that. Following the expiration of such one-year period, an only ifLandlord shall inform Tenant of all written construction and equipment warranties existing in favor of Landlord which affect the Building or equipment. Landlord shall cooperate with Tenant in enforcing such warranties and in bringing any suit that may be necessary to enforce liability with regard to any defective construction or equipment which is discovered or of which Landlord receives notice after the expiration of said one-year warranty period, so long as Tenant notifies pays all costs reasonably incurred by Landlord in writing of such failures or deficiencies within five business days from connection therewith. This warranty applies only to construction performed by Landlord for Tenant after the date Tenant so accepts possession of the Lease Premisesthis Lease.

ACCEPTANCE OF POSSESSION. Tenant acknowledges that it has inspected the Leased Premises and is willing to accept them in their existing condition, broom clean, unless Landlord shall have agreed, as a condition to Tenant’s 's obligation to accept possession of the Leased Premises, pursuant . Pursuant to an Exhibit or Addenda attached to and made a part of this Lease to modify existing interior improvements or to make, construct and/or install additional specified improvements within the Leased Premises, in which case Tenant agrees to accept possession of the Lease Leased Premises when Landlord has substantially completed such modifications or improvements and the Lease Leased Premises are Ready for Occupancy. See attached. If Landlord shall have so modified existing improvements or constructed additional improvements within the Leased Premises for Tenant, Tenant shall, with within Tenant’s punch list 's Punchlist Period (as set forth in Article 1) which shall commence on the date that Landlord notifies Tenant that the Leased Premises are Ready for Occupancy, submit to Landlord a punch list signed copy of the Acceptance Agreement attached hereto as Exhibit "D" together with a punchlist of all incomplete and/or improper worked work performed by Landlord. Upon the expiration of Tenant’s punch list 's Punchlist Period, . Tenant shall be conclusively deemed to have accepted the Leased Premises in their then-then existing condition as so delivered by landlord Landlord to Tenant, except . Except as to those items reasonably set forth in Tenant’s punch list, provided that such punch list was the punchlist submitted to Landlord with Tenant’s Punch list Periodprior to the expiration of said period. Additionally, Landlord agrees to place in good working order all existing plumbing, lighting, heating, ventilating and air conditioning systems within the Leased Premises and all man doors and roll-up truck doors serving the Leased Premises to the extent that such systems and/or items are not in good operating condition as of the date Tenant accepts possession of the Leased Premises; provided that, an only if, Tenant notifies Landlord in writing of such failures or deficiencies within five business days from the date Tenant so accepts possession of the Lease Premises.to

ACCEPTANCE OF POSSESSION. Tenant acknowledges that it has inspected the Leased Premises Lessee covenants and is willing agrees that, prior to accept them in their existing condition, broom clean, unless Landlord shall have agreed, as a condition to Tenant’s obligation to accept taking possession of the Leased Premisesdemised premises, pursuant it will inspect and examine the condition of the said demised premises and every part thereof and that such inspection and examination shall be made within five (5) days from date Lessor notifies Lessee that the demised premises are ready for occupancy and the Lessee will take and accept possession and occupancy of demised premises on date of said inspection, provided facilities are found to an Addenda attached to and made a part be in substantial conformance with specifications set forth in Schedule "A". Acceptance of this Lease to modify existing interior improvements or to make, construct and/or install additional specified improvements within the Leased Premises, in which case Tenant agrees to accept possession of the Lease Premises when Landlord herein demised premises by Lessee shall constitute an agreement by Lessee with Lessor that the demised premises are in good and tenantable condition and that Lessor has substantially completed such modifications complied with each and every obligation on its part to be performed relating thereto, except Lessor shall and hereby agrees that any incomplete work or improvements and the Lease Premises are Ready for Occupancy. If Landlord shall have so modified existing improvements or constructed additional improvements within the Leased Premises for Tenant, Tenant shall, items not in conformance with Tenant’s punch list Period (as specifications set forth in Article 1) which Schedule "A", at time of inspection, will without delay, and with reasonable expedition thereafter be repaired, completed or otherwise made to conform to said specifications, and thereafter, unless otherwise expressly provided for herein, Lessee shall commence have no claims or demands and shall not assert any claims or demands of any character based upon or arising out of the condition of the demised premises, or any alleged failure of the Lessor to provide demised property in the manner and within the time provided for in this Lease. If Lessee does not take possession as herein provided, this Lease shall be, at Lessor's option, terminated by reason of default on the date that Landlord notifies Tenant that part of the Leased Premises are Ready Lessee and the Security Deposit, herein provided for, will be paid to and forfeited to the Lessor and in addition Lessee will reimburse Lessor for Occupancy, submit to Landlord a punch list all expenditures made by Lessor in providing the Leasehold improvements for Lessee as specified in Schedule "A" and/or Lessee and Lessor approved plans and specifications or by written request of all incomplete and/or improper worked performed Lessee and Lessee shall also repay Lessor for any expenditures by Landlord. Upon the expiration Lessor for removal of Tenant’s punch list Period, Tenant shall be conclusively any of said Leasehold Improvements not deemed to have accepted the Leased Premises in their then-existing condition as so delivered by landlord to Tenant, except as to those items reasonably set forth in Tenant’s punch list, provided that such punch list was submitted to Landlord with Tenant’s Punch list Period. Additionally, Landlord agrees to place in good working order all existing plumbing, lighting, heating, ventilating and air conditioning systems within the Leased Premises and all man doors and roll-up truck doors serving the Leased Premises be an asset to the extent that such systems and/or items are not in good operating condition as of demised premises by the date Tenant accepts possession of the Leased Premises; provided that, an only if, Tenant notifies Landlord in writing of such failures or deficiencies within five business days from the date Tenant so accepts possession of the Lease PremisesLessor.

ACCEPTANCE OF POSSESSION. Tenant acknowledges that as of Commencement Date it has inspected the Leased Premises and is willing to accept them in their existing condition, broom clean, unless Landlord shall have agreed, as a condition to Tenant’s obligation to accept possession of the Leased Premises, Premises pursuant to an a written Addenda attached to and made a part of this Lease Lease, to modify existing interior improvements or to make, construct and/or install additional specified improvements within the Leased Premises, in which case Tenant agrees to accept possession of the Lease Leased Premises when Landlord has substantially completed such modifications or improvements and the Lease Leased Premises are Ready for Occupancy. If Landlord shall have so modified existing improvements or constructed additional improvements within the Leased Premises for Tenant, Tenant shall, with within Tenant’s punch list Punchlist Period (as set forth in Article 1) which shall commence on the date that Landlord notifies Tenant that the Leased agreed improvements have been completed and the Lease Premises are Ready for Occupancy, submit to Landlord a punch list punchlist of all incomplete and/or improper worked work performed by Landlord; provided that the delivery of Tenant’s Punchlist shall not waive or and prejudice Tenant’s rights with respect to any items covered by any warranties contained in this Lease or construction contracts. Upon the expiration of Tenant’s punch list Punchlist Period, Tenant shall be conclusively deemed to have accepted the Leased Premises in their then-existing condition as so delivered by landlord Landlord to Tenant, except as to those items reasonably set forth in the punchlist submitted to Landlord prior to the expiration of said period; provided that the delivery of Tenant’s punch listPunchlist shall not waive or and prejudice Tenant’s rights with respect to any items covered by any warranties contained in this Lease or construction contracts. Landlord agrees to correct all items reasonably set forth in Tenant’s punchlist, provided that such punch list punchlist was submitted to Landlord with within Tenant’s Punch list Punchlist Period. Additionally, Landlord agrees to place in good working order all existing plumbing, lighting, heating, ventilating and air conditioning systems within the Leased Premises and all man main doors and roll-up rollup truck doors serving the Leased Premises to the extent that such systems and/or items are not in good operating condition as of the date Tenant accepts possession of the Leased Premises; provided that, an and only if, Tenant notifies Landlord in writing of such failures or deficiencies within five business days from the date Tenant so accepts possession of the Lease Premises.

ACCEPTANCE OF POSSESSION. Tenant acknowledges that it has inspected the Leased Premises and is willing to accept them in their existing condition, broom clean, unless Landlord shall have agreed, as a condition to Tenant’s 's obligation to accept possession of the Leased Premises, pursuant to an Exhibit or Addenda attached to and made a part of this Lease to modify existing interior improvements or to make, construct and/or install additional specified improvements within the Leased Premises, in which case Tenant agrees to accept possession of the Lease Leased Premises when Landlord has substantially completed such modifications or improvements and the Lease Leased Premises are Ready for Occupancy. If Landlord shall have so modified existing improvements or constructed additional improvements within the Leased Premises for Tenant, Tenant shall, with within Tenant’s punch list 's Punchlist Period (as set forth in Article 1) which shall commence on the date that Landlord notifies Tenant that the Leased Premises are Ready for Occupancy, submit to Landlord a punch list signed copy of the Acceptance Agreement attached hereto as Exhibit "D" together with a punchlist of all incomplete and/or improper worked work performed by Landlord. Upon the expiration of Tenant’s punch list 's Punchlist Period, Tenant shall be conclusively deemed to have accepted the Leased Premises in their then-existing condition as so delivered by landlord Landlord to Tenant, except as to those items reasonably set forth in the punchlist submitted to Landlord prior to the expiration of said period. Landlord agrees to correct all items reasonably set forth in Tenant’s punch list's punchlist, provided that such punch list punchlist was submitted to Landlord with within Tenant’s Punch list 's Punchlist Period. Additionally, Landlord agrees to place in good working order all existing plumbing, lighting, heating, ventilating and air conditioning systems within the Leased Premises and all man doors and roll-up truck doors serving the Leased Premises to the extent that such systems and/or items are not in good operating condition as of the date Tenant accepts possession of the Leased Premises; provided that, an and only if, Tenant notifies Landlord in writing of such failures or deficiencies within five business days from the date Tenant so accepts possession of the Lease Leased Premises.

ACCEPTANCE OF POSSESSION. Tenant acknowledges that it has inspected the Leased Premises and is willing to accept them in their existing condition, broom clean, unless Landlord shall have agreed, as a condition to Tenant’s obligation to accept possession of the Leased Premises, pursuant to an Addenda attached to and made a part of this Lease to modify existing interior improvements or to make, construct and/or install additional specified improvements within the Leased Premises, in which case Tenant agrees to accept possession of the Lease Premises when Landlord has substantially completed such modifications or improvements and the Lease Premises are Ready for Occupancy. If Landlord shall have so modified existing improvements or constructed additional improvements within the Leased Premises for Tenant, Tenant shall, with Tenant’s punch list Period (as set forth in Article 1) which shall commence on the date that Landlord notifies Tenant that the Leased Premises are Ready for Occupancy, submit to Landlord a punch list of all incomplete and/or improper worked performed by Landlord. Upon the expiration of Tenant’s punch list Punchlist Period, . Tenant shall be conclusively deemed to have accepted the condition of the Leased Premises in their then-existing condition as so delivered by landlord Landlord to Tenant, except as to those Items reasonably set forth in the punchlist submitted to Landlord prior to the expiration of said period. Landlord agrees to correct all items reasonably set forth in Tenant’s punch listpunchlist, at Landlord’s sole cost and expense, provided that such punch list punchlist was submitted to Landlord with within Tenant’s Punch list Punchlist Period. AdditionallyThe punchlist items shall consist of making the repairs and effecting the service as noted below, and shall be limited to such. Landlord agrees to place in good working order all existing plumbing, lighting, ceiling tiles, skylights (including replacing cracked or duct-taped skylights), elevator, electrical systems, heating, ventilating and air conditioning systems within the Leased Premises and all man doors and roll-up truck doors serving the Leased Premises to the extent that such systems and/or items are not in good operating condition as of the date Tenant accepts excepts possession of the Leased Premises; , or as quickly thereafter as can be reasonably accomplished, provided that, an and only if, Tenant notifies Landlord in writing of such failures or deficiencies within five business thirty calendar days from the date Tenant so accepts possession of the Leased Premises. Notwithstanding the foregoing, Landlord warrants and represents that the Leased Premises shall comply with all Laws, (including, without limitation, the ADA) as of the Lease PremisesExecution Date.

ACCEPTANCE OF POSSESSION. Tenant acknowledges that it has inspected Substantial Completion" of Landlord's Work shall be deemed to have occurred when: (i) the Leased Premises and is willing to accept them in their existing condition, broom clean, unless Landlord shall have agreed, as a condition to Tenant’s obligation to accept possession Landlord's construction of the Leased Premises, pursuant to an Addenda attached to and made a part of this Lease to modify existing interior improvements or to make, construct and/or install additional specified improvements within the Leased Premises, in which case Tenant agrees to accept possession of the Lease Premises when Landlord has substantially completed such modifications or improvements and the Lease Premises are Ready for Occupancy. If Landlord shall have so modified existing improvements or constructed additional improvements within the Leased Premises for Tenant, Tenant shall, with Tenant’s punch list Period (Landlord's Work as set forth in Article 1this Exhibit C has been completed in accordance with the Approved Plans and any approved change orders, other than (A) minor deviations from the Approved Plans due to the unavailability of specified materials, (B) any items requiring a long lead time for procurement and/or installation (subject to the provisions herein regarding such items), and (C) minor defects and "punch list" items which will not materially and adversely affect Tenant's ability to take occupancy of the Premises or obtain an occupancy permit with respect thereto; and (ii) Landlord has obtained all governmental inspection approvals which are required to be obtained in connection with Landlord's Work, including a certificate of occupancy to the extent the same is capable of being obtained by Landlord prior to the completion by Tenant of Tenant's Work including Tenant's installation of its trade fixtures, furniture, equipment and personal property (provided that Tenant shall commence on be responsible for obtaining the date certificate of occupancy or its equivalent if the same may not be issued to Landlord prior to the completion of all Tenant's Work including installation of Tenant's fixtures, furniture, equipment and personal property in the Premises, and in such event the delivery of a certificate of occupancy shall not constitute a requirement of "Substantial Completion" as long as Landlord may lawfully deliver possession of the Premises to Tenant for purposes of Tenant's performance of Tenant Work and the installation of Tenant's fixtures, furniture, equipment and personal property in the Premises. When Substantial Completion of Landlord's Work has been achieved, Landlord shall deliver to Tenant a written notice (the "Completion Notice") certifying the same. Within five (5) days after Landlord delivers the Completion Notice, Tenant and a representative of Landlord shall jointly inspect the Premises, as Tenant deems appropriate, for purposes of preparing a punch list; and unless such inspection demonstrates that Landlord notifies Tenant that Substantial Completion of the Leased Premises are has not been achieved, the Premises shall be deemed "Ready for Occupancy, submit to Landlord a punch list of all incomplete and/or improper worked performed by Landlord. Upon the expiration of Tenant’s punch list Period, Tenant shall be conclusively deemed to have accepted the Leased Premises in their then-existing condition as so delivered by landlord to Tenant, except as to those items reasonably set forth in Tenant’s punch list, provided that such punch list was submitted to Landlord with Tenant’s Punch list Period. Additionally, Landlord agrees to place in good working order all existing plumbing, lighting, heating, ventilating and air conditioning systems " within the Leased Premises and all man doors and roll-up truck doors serving the Leased Premises to the extent that such systems and/or items are not in good operating condition as meaning of the date Tenant accepts possession of the Leased Premises; provided that, an only if, Tenant notifies Landlord in writing of such failures or deficiencies within five business days from the date Tenant so accepts possession section 1.4 of the Lease Premiseson the earlier of (a) the date of such joint inspection, or (b) the fifth (5th) day after Landlord delivers the Completion Notice.

ACCEPTANCE OF POSSESSION. Tenant acknowledges that it has inspected the Leased Premises and is willing to accept accepts them in their existing condition, broom clean, unless Landlord shall have agreed, as a condition to Tenant’s 's obligation to accept possession of the Leased Premises, pursuant to an Addenda attached Paragraph 15.3, to and made a part of this Lease to construct, install or modify existing interior improvements or to make, construct and/or install additional specified improvements within the Leased Premisesimprovements, in which case Tenant agrees to accept possession of the Lease Premises when Landlord has substantially completed such modifications or improvements and the Lease Premises are Ready for Occupancy. If Landlord shall have so modified existing improvements or constructed additional improvements within the Leased Premises for Tenant, Tenant shall, with within Tenant’s punch list 's Punchlist Period (as set forth in Article 1) which shall commence on the date that Landlord notifies Tenant that the Leased Premises are Ready for Occupancy, submit to Landlord a punch list Punchlist of all incomplete and/or improper worked work performed by Landlord. Upon the expiration of Tenant’s punch list 's Punchlist Period, Tenant shall be conclusively deemed to have accepted the Leased Premises in their then-then existing condition as so delivered by landlord Landlord to Tenant, except as to those items reasonably set forth in the Punchlist submitted to Landlord prior to the expiration of said period. Landlord agrees to correct all items reasonably set forth in Tenant’s punch list's Punchlist, provided that such punch list Punchlist was submitted to Landlord with within Tenant’s Punch list 's Punchlist Period. Additionally, Landlord agrees agrees, as of the Lease Commencement Date to place in good working order all existing plumbing, lighting, heating, ventilating and air conditioning systems within the Leased Premises and all man main doors and roll-up truck doors serving the Leased Premises Premises, and to the extent that such systems and/or items are not in good operating condition as of the date Tenant accepts possession Lease Commencement Date Landlord will rectify in a reasonable period of the Leased Premisestime said issue; subject to and provided that, an and only if, Tenant notifies Landlord in writing of such failures or deficiencies within five (5) business days from the date Tenant so accepts possession of the Lease Premises, regardless if the Punchlist Period is in excess of five business days.