Common use of Acceptance of Premises Clause in Contracts

Acceptance of Premises. Tenant has been in possession of, and conducting business in, the Current Premises under the Nodality Sublease and expects to be in possession of the Expansion Premises under the Poniard Sublease as of the Lease Date, and intends to continue conducting business in the Premises, without interruption, from and after the Lease Date. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for any defects in the Current Premises (whether latent or. patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Lease, Tenant accepts the Premises “as is”, in their condition as of the Lease Date, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements (as defined in Section 7 hereof). Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of all or any portion of the Premises or the Project, and/or the suitability of the Premises or the Project for the conduct of Tenant’s business, and Tenant waives any implied warranty that the Premises or the Project are suitable for the Permitted Use. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein. Notwithstanding anything to the contrary in this Lease, Landlord agrees that (a) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during the Term of this Lease and the rights and obligations of Landlord and Tenant with respect to this Lease shall be governed by Section 18 or Section 19 of this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in the Work Letter), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment of the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in no event shall Landlord have any obligation to incur any additional or overtime costs to complete Landlord’s Work. Notwithstanding anything to the contrary contained herein, for the period of 60 consecutive days after (i) the Lease Date, as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are required to be made to the Building and Building Systems serving the Premises, unless Tenant was responsible for the cause of such repair, in which case Tenant shall pay the cost. Tenant shall have the right during the Term to use all the office furniture and equipment located within the Premises as of the date hereof that is owned by Landlord, as more specifically described on Exhibit G (“Landlord’s Property”). Tenant shall accept Landlord’s Property in its “as is” condition as of the Lease Date and shall return all of Landlord’s Property located in the Premises as of the Lease Date to Landlord upon the expiration or earlier termination of this Lease in the same condition as received, ordinary wear and tear excepted; provided, however, Tenant shall have the right to remove the 3, 8-foot chemical fume hoods in the chemistry lab of the Premises (the “Existing Fume Hoods”) provided that (i) Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage to the Premises caused by the removal of the Existing Fume Hoods.

Appears in 3 contracts

Samples: Lease Agreement (Veracyte, Inc.), Lease Agreement (Veracyte, Inc.), Lease Agreement (Veracyte, Inc.)

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Acceptance of Premises. Tenant has been shall accept delivery of the Premises with Landlord's Improvements, as set forth on Exhibit "B" substantially completed. Within thirty (30) days of Substantial Completion (as defined below) of Landlord's Improvements, Landlord and Tenant shall provide a "punchlist" identifying the corrective work of the type commonly found on an architectural punchlist with respect to Landlord's Improvements, which list shall be based on whether such items were required by the approved Final Plans and Specifications. Within ten (10) Business Days after delivery of the punchlist, Landlord shall commence the correction of punchlist items and diligently pursue such work to completion. The punchlist procedure to be followed by Landlord and Tenant shall in possession of, and conducting business in, no way limit Tenant's obligation to occupy the Current Premises under the Nodality Sublease and expects Lease nor shall it in any way excuse Tenant's obligation to be in possession of the Expansion Premises pay Rent as provided under the Poniard Sublease as of Lease unless such punch list items preclude Tenant from occupying the Lease Date, and intends to continue conducting business in the Premises, without interruption, from and after the Lease Date. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as reasonably determined by Tenant. Nothing in this Section 4.2 shall be deemed to diminish any obligation of the Current Premises Commencement DateLandlord under Section 7.1. Tenant acknowledges, Landlord shall have no liability for any defects in the Current Premises (whether latent or. patent) and, that except as set forth specifically provided in this Lease and the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Lease, Tenant accepts the Premises “as is”, in their condition as of the Lease Date, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements (as defined in Section 7 hereof). Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of all or any portion of the Premises or the Project, and/or Building or with respect to the suitability or fitness of the Premises or the Project either for the conduct of Tenant’s business, and Tenant waives any implied warranty that the Premises 's business or the Project are suitable for the Permitted Use. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein. Notwithstanding anything to the contrary in this Lease, Landlord agrees that (a) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during the Term of this Lease and the rights and obligations of Landlord and Tenant with respect to this Lease shall be governed by Section 18 or Section 19 of this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in the Work Letter), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment of the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in no event shall Landlord have any obligation to incur any additional or overtime costs to complete Landlord’s Work. Notwithstanding anything to the contrary contained herein, for the period of 60 consecutive days after (i) the Lease Date, as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are required to be made to the Building and Building Systems serving the Premises, unless Tenant was responsible for the cause of such repair, in which case Tenant shall pay the costother purpose. Tenant shall have comply with the right during the Term to use all the office furniture and equipment located within the Premises as of the date hereof that is owned by Landlord, as more specifically described on Exhibit G (“Landlord’s Property”). Tenant shall accept Landlord’s Property in its “as is” condition as of the Lease Date and shall return all of Landlord’s Property located in the Premises as of the Lease Date to Landlord upon the expiration or earlier termination of this Lease in the same condition as received, ordinary wear and tear excepted; provided, however, Tenant shall have the right to remove the 3, 8-foot chemical fume hoods in the chemistry lab of the Premises (the “Existing Fume Hoods”) provided that (i) Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage to the Premises caused by the removal of the Existing Fume HoodsPermitted Encumbrances.

Appears in 3 contracts

Samples: Lease Agreement (Petco Animal Supplies Inc), Lease Agreement (Petco Animal Supplies Inc), Lease Agreement (Petco Animal Supplies Inc)

Acceptance of Premises. By taking possession hereunder, Tenant acknowledges that it has been examined the Premises and accepts the condition thereof. Tenant acknowledges and agrees that Landlord has no obligation to improve the Premises other than as set forth specifically in possession ofthis Lease, if at all. In particular, Tenant acknowledges that any additional improvements or alterations needed to accommodate Tenant’s intended use shall be made solely at Tenant’s sole cost and expense, and conducting business in, strictly in accordance with the Current Premises under requirements of this Lease (including the Nodality Sublease and expects requirement to be in possession of the Expansion Premises under the Poniard Sublease as of the Lease Date, and intends to continue conducting business in the Premises, without interruption, from and after the Lease Dateobtain Landlord’s consent thereto). Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for responsibility to do any defects work required under any building codes or other governmental requirements not in effect or applicable at the Current time the Premises (whether latent orwere constructed, including without limitation any requirements related to sprinkler retrofitting, seismic structural requirements, accommodation of disabled persons, or hazardous materials. patent) and, except as set forth in the Work Letter, Landlord shall have be under no obligation to perform any work provide utility, telephone or to refurbish, finish, other service or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied access beyond that which exists at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Lease, Tenant accepts the Premises “as is”, in their condition as of the Lease Date, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements (as defined in Section 7 hereof). Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of all or any portion of the Premises or the Project, and/or the suitability of the Premises or the Project for the conduct of Tenant’s business, and Tenant waives any implied warranty that the Premises or the Project are suitable for the Permitted Use. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein. Notwithstanding anything to the contrary in this Lease, Landlord agrees that (a) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during the Term of this Lease and the rights and obligations of Landlord and Tenant with respect to this Lease shall be governed by Section 18 or Section 19 of this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in the Work Letter), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment of the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in no event shall Landlord have any obligation to incur any additional or overtime costs to complete Landlord’s Work. Notwithstanding anything to the contrary contained herein, for the period of 60 consecutive days after (i) the Lease Date, as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are required to be made to the Building and Building Systems serving the Premises, unless Tenant was responsible for the cause of such repair, in which case Tenant shall pay the cost. Tenant shall have the right during the Term to use all the office furniture and equipment located within the Premises as of the date hereof of this Lease, unless Landlord specifically agrees in writing to provide the same. If it is anticipated that is owned Tenant will be doing any alterations or installations prior to taking occupancy, any delays encountered by LandlordTenant in accomplishing such work or obtaining any required permits therefor shall not delay the Commencement Date or the date that Tenant becomes liable to pay rent, as more specifically described on Exhibit G (“Landlord’s Property”). Tenant shall accept Landlord’s Property in its “as is” condition as or the date that Landlord may effectively deliver possession of the Lease Date and shall return all Premises to Tenant. By taking possession hereunder, Tenant acknowledges that it accepts the square footage of Landlord’s Property located in the Premises as delivered and as stated in this Lease. No discovery or alleged discovery after such acceptance of any variance in such square footage as set forth in this Lease (or in any proposal, advertisement or other description thereof) shall be grounds for any adjustment in any element of the Lease Date to rent payable hereunder, unless such adjustment is initiated by and implemented by Landlord upon the expiration or earlier termination of this Lease in the same condition as received, ordinary wear and tear excepted; provided, however, Tenant shall have the right to remove the 3, 8-foot chemical fume hoods in the chemistry lab of the Premises (the “Existing Fume Hoods”) provided that (i) Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage to the Premises caused by the removal of the Existing Fume Hoodswriting.

Appears in 3 contracts

Samples: Standard Lease, Standard Lease (Sophiris Bio Inc.), Standard Lease (Sophiris Bio Inc.)

Acceptance of Premises. By taking possession hereunder, Tenant acknowledges that it has been examined the Premises and accepts the condition thereof. Tenant acknowledges and agrees that Landlord has no obligation to improve the Premises other than as set forth specifically in possession ofthis Lease, if at all. In particular, Tenant acknowledges that any additional improvements or alterations needed to accommodate Tenant's intended use shall be made solely at Tenant's sole cost and expense, and conducting business instrictly in accordance with the requirements of this Lease (including the requirement to obtain Landlord's consent thereto), the Current Premises under the Nodality Sublease unless such improvements and expects to be in possession alterations are specifically required of the Expansion Premises under the Poniard Sublease as of the Lease Date, and intends to continue conducting business in the Premises, without interruption, from and after the Lease DateLandlord. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for responsibility to do any defects work required under any building codes or other governmental requirements not in effect or applicable at the Current time the Premises (whether latent orwere constructed, including without limitation any requirements related to sprinkler retrofitting, seismic structural requirements, accommodation of disabled persons, or hazardous materials. patent) and, except as set forth in the Work Letter, Landlord shall have be under no obligation to perform any work provide utility, telephone or to refurbish, finish, other service or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied access beyond that which exists at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Lease, Tenant accepts the Premises “as is”, in their condition as of the Lease Date, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements (as defined in Section 7 hereof). Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of all or any portion of the Premises or the Project, and/or the suitability of the Premises or the Project for the conduct of Tenant’s business, and Tenant waives any implied warranty that the Premises or the Project are suitable for the Permitted Use. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein. Notwithstanding anything to the contrary in this Lease, Landlord agrees that (a) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during the Term of this Lease and the rights and obligations of Landlord and Tenant with respect to this Lease shall be governed by Section 18 or Section 19 of this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in the Work Letter), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment of the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in no event shall Landlord have any obligation to incur any additional or overtime costs to complete Landlord’s Work. Notwithstanding anything to the contrary contained herein, for the period of 60 consecutive days after (i) the Lease Date, as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are required to be made to the Building and Building Systems serving the Premises, unless Tenant was responsible for the cause of such repair, in which case Tenant shall pay the cost. Tenant shall have the right during the Term to use all the office furniture and equipment located within the Premises as of the date hereof of this Lease, unless Landlord specifically agrees in writing to provide the same. If it is anticipated that is owned Tenant will be doing any Alterations or installations prior to taking occupancy, any delays encountered by LandlordTenant in accomplishing such work or obtaining any required permits therefor shall not delay the Commencement Date or the date that Tenant becomes liable to pay rent, as more specifically described on Exhibit G (“Landlord’s Property”). Tenant shall accept Landlord’s Property in its “as is” condition as or the date that Landlord may effectively deliver possession of the Lease Date and shall return all Premises to Tenant. By taking possession hereunder, Tenant acknowledges that it accepts the square footage of Landlord’s Property located in the Premises as delivered and as stated in this Lease. No discovery or alleged discovery after such acceptance of any variance in such square footage as set forth in this Lease (or in any proposal, advertisement or other description thereof) shall be grounds for any adjustment in any element of the Lease Date to rent payable hereunder, unless such adjustment is initiated by and implemented by Landlord upon the expiration or earlier termination of this Lease in the same condition as received, ordinary wear and tear excepted; provided, however, Tenant shall have the right to remove the 3, 8-foot chemical fume hoods in the chemistry lab of the Premises (the “Existing Fume Hoods”) provided that (i) Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage to the Premises caused by the removal of the Existing Fume Hoodswriting.

Appears in 3 contracts

Samples: Industrial Gross Lease (Inland Entertainment Corp), Industrial Net Lease (Avanir Pharmaceuticals), Industrial Gross Lease (Sequenom Inc)

Acceptance of Premises. Tenant has been Except as expressly provided in possession of, and conducting business in, the Current Premises under the Nodality Sublease and expects to be in possession of the Expansion Premises under the Poniard Sublease as of the Lease Date, and intends to continue conducting business in the Premises, without interruption, from and after the Lease Date. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for any defects in the Current Premises (whether latent or. patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Lease, Tenant accepts the Premises “as is”, in their condition as of the Lease Date, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements (as defined in Section 7 hereof). Tenant agrees and acknowledges that neither Landlord nor any agent representative of Landlord has made any representation or warranty with respect to the condition Premises, the Building or the Project. No representation or warranty is made concerning the suitability or fitness of all the Premises, the Building or the Project for any portion purpose, including without limitation any representations or warranties regarding the compliance of Tenant’s use of the Premises with the applicable zoning or regarding any other land use matters, and Tenant shall be solely responsible as to such matters. Further, neither Landlord nor any representative of Landlord has made any representations or warranties regarding (i) what other tenants or uses may be permitted or intended in the Building or the Project, and/or the suitability (ii) any exclusivity of use by Tenant with respect to its permitted use of the Premises as set forth in Item 3 of the Basic Lease Provisions, or (iii) any construction of portions of the Project for the conduct of Tenant’s business, and Tenant waives any implied warranty that the Premises or the Project are suitable for the Permitted Usenot yet completed. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein. Notwithstanding anything to the contrary Except as expressly provided in this Lease, Landlord agrees that (a) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during the Term of this Lease and the rights and obligations of Landlord and Tenant with respect to this Lease shall be governed by Section 18 or Section 19 of this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in the Work Letter), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment lease of the Premises under the Nodality Sublease and the Poniard Subleaseshall be on an “as is” basis. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in no event shall Landlord have any obligation to incur any additional or overtime costs to complete Landlord’s Work. Notwithstanding anything to the contrary contained herein, for the period of 60 consecutive days after (i) the Lease Date, as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense expense, construct, repair and/or replace the items set forth on Schedule A attached to this Lease (which collectively, the “Landlord’s Work”). The Landlord’s Work shall not constitute an Operating Expense)be constructed in a good and workmanlike manner in compliance with all applicable building codes and permits, and in accordance with the scheduled completion dates for each component of the Landlord’s Work set forth on attached Schedule A. Landlord shall obtain any customary manufacturers/installers warranties for the Landlord’s Work. Except as expressly provided in this Lease, Tenant shall be responsible for any repairs that are required conclusively deemed to be made to have accepted the Premises and those portions of the Building and Building Systems serving the Premises, unless Tenant was responsible for the cause of such repair, Project in which case Tenant has any rights under this Lease as of the “Early Occupancy Date” (as defined in Section 3.2), which acceptance shall pay mean that it is conclusively established that the cost. Premises and those portions of the Building and Project in which Tenant has any rights under this Lease were in satisfactory condition and in conformity with the provisions of this Lease, subject only to (1) those defective or incomplete portions of the Landlord’s Work which Tenant shall have itemized on a written punch list and delivered to Landlord within forty-five (45) days following Landlord’s written notice(s) that the right during Landlord’s Work has been substantially completed (or within forty five (45) days following the Term date of this Lease for items of Landlord’s Work designated as “complete” on the attached Schedule A), and (2) Landlord’s obligations expressly set forth in Section 2.4 below. Landlord shall correct any deficiencies with the Landlord’s Work promptly following delivery of the itemized punch list therefor as provided in the foregoing. Landlord shall also provide two (2) allowances to use all Tenant as follows: (a) Sixteen Thousand Seven Hundred Dollars ($16,700.00) (the office furniture and equipment located within “Access Control Allowance”) towards the cost to repair and/or replace the access control system in the Premises as (the “Access Control Work”); and (b) Three Hundred thousand Dollars ($300,000.00) (the “Floor Surface Allowance”) towards the cost of bead blasting, repairing and otherwise preparing the surface of the date hereof that is owned by Landlord, Building’s slab as more specifically described on particularly provided in that certain proposal from Xxxxxx’x Rug dated June 1, 2005, a copy of which proposal is attached hereto as Exhibit G J (the Landlord’s PropertyFloor Surfacing Work”). Tenant shall accept Landlord’s Property obtain those warranties from the manufacturers/installers for the Access Control Work and for the Floor Surfacing Work satisfactory to Tenant in its “as is” condition as sole discretion, and Landlord shall have no liability whatsoever for the Access Control Work and/or for the Floor Surfacing Work beyond payment of the Lease Date and applicable allowance therefor. Sums from each of the allowances shall return all be paid within thirty (30) days of Landlord’s Property located receipt of an invoice(s) with respect to the covered work. Promptly from and after the full execution and delivery of this Lease, Landlord shall deliver possession of the Premises to Tenant (such date of delivery of possession (the “Delivery Date”) for Tenant’s construction of those tenant improvements (the “Tenant Improvements”) in the Premises as of provided in, and subject to the Lease Date to Landlord upon terms and conditions of, the expiration or earlier termination of this Lease in the same condition Work Letter attached as received, ordinary wear and tear excepted; provided, however, Tenant shall have the right to remove the 3, 8-foot chemical fume hoods in the chemistry lab of the Premises Exhibit X hereto (the “Existing Fume HoodsWork Letter) provided that (i) Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage to the Premises caused by the removal of the Existing Fume Hoods).

Appears in 3 contracts

Samples: Sublease Agreement (Prometheus Biosciences, Inc.), Sublease Agreement (Prometheus Biosciences, Inc.), Lease (Prometheus Biosciences, Inc.)

Acceptance of Premises. Tenant has been in possession of, and conducting business in, the Current Premises under the Nodality Sublease and expects to be in possession of the Expansion Premises under the Poniard Sublease as of the Lease Date, and intends to continue conducting business in the Premises, without interruption, from and after the Lease Date. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for any defects in the Current Premises (whether latent or. patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Lease, Tenant accepts the Premises “as is”, in their condition as of the Lease Date, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements (as defined in Section 7 hereof). Tenant agrees and acknowledges that neither Landlord nor any agent representative of Landlord has made any representation or warranty with respect to the condition of all or any portion of the Premises or the Project, and/or Building or the suitability or fitness of the Premises either for any purpose, including without limitation any representations or the Project for the conduct of Tenant’s businesswarranties regarding zoning or other land use matters, and Tenant waives that neither Landlord nor any implied warranty that the Premises representative of Landlord has made any representations or the Project are suitable for the Permitted Use. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein. Notwithstanding anything to the contrary in this Lease, Landlord agrees that warranties regarding (ai) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date what other tenants or the Expansion Premises following the Expansion Premises Commencement Date, shall uses may be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease permitted or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations intended in the Premises Building or to remove on the Site, or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during the Term ii) any exclusivity of this Lease and the rights and obligations of Landlord and use by Tenant with respect to this its permitted use of the Premises as set forth in Item 3 of the Basic Lease shall be governed by Section 18 Provisions. Tenant further acknowledges that neither Landlord nor any representative of Landlord has agreed to undertake any alterations or Section 19 of additions or construct any improvements to the Premises except as expressly provided in this Lease, as applicable. Subject to delays resulting from Force Majeure and Landlord shall complete the “Tenant Delay Improvements” (as defined in the Work Letter), Landlord shall use reasonable efforts Letter attached as EXHIBIT X hereto) prior to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Commencement Date. Landlord agrees to The taking of possession or use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment of the Premises under by Tenant for its business operations shall conclusively establish that the Nodality Sublease Premises and the Poniard Sublease. Without limiting Building were in satisfactory condition and in conformity with the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in no event shall Landlord have any obligation to incur any additional or overtime costs to complete Landlord’s Work. Notwithstanding anything to the contrary contained herein, for the period of 60 consecutive days after (i) the Lease Date, as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are required to be made to the Building and Building Systems serving the Premises, unless Tenant was responsible for the cause of such repair, in which case Tenant shall pay the cost. Tenant shall have the right during the Term to use all the office furniture and equipment located within the Premises as of the date hereof that is owned by Landlord, as more specifically described on Exhibit G (“Landlord’s Property”). Tenant shall accept Landlord’s Property in its “as is” condition as of the Lease Date and shall return all of Landlord’s Property located in the Premises as of the Lease Date to Landlord upon the expiration or earlier termination provisions of this Lease in the same condition as receivedall respects, ordinary wear and tear excepted; provided, however, except for those matters which Tenant shall have brought to Landlord’s attention on a written punch list. The list shall be limited to any items required to be accomplished by Landlord under the right Work Letter attached as Exhibit X, and shall be delivered to remove Landlord within thirty (30) days after the 3term (“Term”) of this Lease commences as provided in Article Ill below. If no items are required of Landlord under the Work Letter, 8-foot chemical fume hoods in the chemistry lab by taking possession of the Premises (Tenant accepts the “Existing Fume Hoods”) provided that (i) Tenant removes improvements in their existing condition, and waives any right or claim against Landlord arising out of the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and condition of the Premises, (ii) Tenant delivers . Nothing contained in this Section shall affect the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage to the Premises caused by the removal commencement of the Existing Fume HoodsTerm or the obligation of Tenant to pay rent. Landlord shall diligently complete all punch list items of which it is notified as provided above.

Appears in 3 contracts

Samples: Industrial Lease (Intralase Corp), Industrial Lease (Advanced Medical Optics Inc), Industrial Lease (Intralase Corp)

Acceptance of Premises. Tenant has been in possession of, and conducting business in, the Current Premises under the Nodality Sublease and expects to be in By taking possession of the Expansion Premises, Tenant shall be deemed to have accepted the Premises under as being in good and sanitary order, condition and repair and to have accepted the Poniard Sublease Premises in their condition existing as of the Lease Date, and intends to continue conducting business in date Tenant takes possession of the Premises, without interruptionsubject to all applicable laws, covenants, conditions, restrictions, easements and other matters of public record and the rules and regulations from time to time promulgated by Landlord governing the use of the Premises and after Common Area, and further, to have accepted tenant improvements to be constructed by Landlord (if any) as being completed in accordance with the Lease Dateplans and specifications for such improvements, subject only to completion of items on Landlord's punch list. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior Prior to the Current Commencement Date, Landlord and Tenant shall complete a walk-through of the Premises and Landlord and Tenant shall agree on a punch list of any items (except HVAC units, the replacement of which shall be governed by the terms of Paragraph 2.2 above) within the Premises that are in need or repair or maintenance. Landlord agrees to repair or maintain such items that are on the agreed upon punch list, at Landlord's sole cost, within thirty (30) days following the Commencement Date and (except that if such punch list items cannot reasonably be repaired or maintained with such thirty (30) day period, then Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition shall commence such repair or maintenance of the Current punch list items within such thirty day period and diligently prosecute the same to completion). The preceding notwithstanding, Tenant does not waive any claims of latent defects that may exist in the Premises as of the Current Premises Commencement Date, however, Landlord shall have be under no liability for obligation to repair any defects latent defect in the Current Premises (whether latent orexisting as of the Commencement Date unless Tenant gives Landlord written notice of such defect prior to the date six months following the Commencement Date. patent) andTenant acknowledges that, except as set forth in the Work Letterfollowing sentence, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Lease, Tenant accepts the Premises “as is”, in their condition as of the Lease Date, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements (as defined in Section 7 hereof). Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord has Landlord's agents have made any representation or warranty with respect as to the condition of all or any portion of the Premises or the Project, and/or the suitability of the Premises or the Project for the conduct of Tenant’s 's business, the condition of the Premises, or the use or occupancy which may be made thereof and Tenant waives any implied warranty has independently investigated and is satisfied that the Premises or the Project are suitable for Tenant's intended use and that the Permitted UsePremises meets all governmental requirements for such intended use. Landlord hereby represents to Tenant that, to Landlord's actual knowledge, the Premises are not in executing this Lease does so in reliance upon Tenant’s representationsviolation of any law, warrantiesrule, acknowledgments and agreements contained herein. Notwithstanding anything regulation or ordinance applicable to the contrary in this LeasePremises. The preceding paragraph notwithstanding, the parties hereto acknowledge that Landlord agrees that (a) Tenant’s continued occupancy intends to undertake some seismic upgrades of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Workfuture. If As of the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during the Term date of this Lease and the rights and obligations of Landlord and Tenant with respect to this Lease shall be governed by Section 18 or Section 19 execution of this Lease, as applicableno plans or specifications for such seismic upgrades have been prepared, nor has Landlord determined the specific time or times when it may undertake such seismic upgrades. Subject Any seismic upgrades performed by Landlord with respect to delays resulting from Force Majeure and Tenant Delay (as defined in the Work Letter), Landlord Premises shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s 's use of the Premises. To Landlord's knowledge, such seismic upgrades contemplated to be performed by Landlord are not required to be performed to bring the Premises into compliance with applicable building codes or laws, and enjoyment instead Landlord may elect to perform such seismic upgrades to further reduce its earthquake insurance premiums and to improve Landlord's ability to obtain financing or refinancing secured by the Premises. Landlord agrees that, if seismic upgrade of the Premises under is required to bring the Nodality Sublease Premises into compliance with building codes applicable to the Premises at the time the Premises were initially constructed, then Landlord shall be responsible for such seismic upgrades and Tenant shall not be obligated to bear portion of the Poniard Subleasecost of such seismic upgrades. Without limiting If Tenant desires to construct or install, or cause to be constructed or installed, any alterations, additions or improvements to the foregoingPremises and, Landlord agrees that it shall endeavor to schedule any utility interruptions in connection with the same, seismic upgrades or structural reinforcement of the Premises, or portion thereof, are required and are directly and physically related to the performance alterations, additions or improvements to be constructed or installed, or caused to be constructed or installed, by Tenant, then Tenant shall bear one hundred percent (100%) of Landlord’s Work on weekends and shall endeavor to provide the cost of the seismic upgrades or structural reinforcement of the Premises so required. Except as provided in the immediately preceding sentence, Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in no event shall Landlord have any obligation to incur any additional or overtime costs to complete Landlord’s Work. Notwithstanding anything to the contrary contained herein, for the period of 60 consecutive days after (i) the Lease Date, as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense), be responsible obligated to pay for any repairs that are required to be made to the Building and Building Systems serving seismic upgrades or structural reinforcement of the Premises, unless or any portion thereof. If Tenant was responsible applies to a governmental agency for the cause approval of, or issuance of such repaira building permit in connection with, in which case Tenant shall pay the cost. Tenant shall have the right during the Term any proposed alteration, addition, or improvement to use all the office furniture and equipment located within the Premises as of the date hereof that is owned by Landlord, as more specifically described on Exhibit G (“Landlord’s Property”). Tenant shall accept Landlord’s Property in its “as is” condition as of the Lease Date and shall return all of Landlord’s Property located in the Premises as of the Lease Date to Landlord upon the expiration or earlier termination of this Lease in the same condition as received, ordinary wear and tear excepted; provided, however, Tenant shall have the right to remove the 3, 8-foot chemical fume hoods in the chemistry lab of the Premises (the “Existing Fume Hoods”) provided that (i) Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the Premises, (ii) or any portion thereof, and such governmental agency requires Tenant delivers to undertake a seismic upgrade or structural reinforcement of the Existing Fume Hoods Premises, or any portion thereof, in connection with such proposed alteration, addition or improvement, then Tenant shall not be obligated to Landlord after removal pay for the cost of such seismic upgrade or structural reinforcement unless the same is directly and (iii) Tenant repairs any damage physically related to the Premises caused alteration, addition or improvement proposed to be undertaken by the removal of the Existing Fume HoodsTenant.

Appears in 2 contracts

Samples: Net Lease Agreement (Integrated Device Technology Inc), Net Lease Agreement (Integrated Device Technology Inc)

Acceptance of Premises. Within ten (10) days after completion of ---------------------- the Tenant has been Improvements Tenant shall conduct a walk-through inspection of the Premises with Landlord and complete a punch list of items needing additional work. Other than the items specified in possession ofthe punch list, if any, and conducting business insubject to Landlord's representations and warranties described below, the Current Premises under the Nodality Sublease and expects to be in by taking possession of the Expansion Premises under the Poniard Sublease as of the Lease Date, and intends to continue conducting business in the Premises, without interruption, from and after Tenant shall be deemed to have accepted the Lease Date. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the good, clean and completed condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for any defects in the Current Premises (whether latent or. patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Lease, Tenant accepts the Premises “as is”, in their condition as of the Lease Date, without any qualifications, restrictions, or limitationsrepair, subject to all applicable Legal Requirements (as defined in Section 7 hereof)laws, codes and ordinances. Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect Any damage to the condition of all or any portion of the Premises or the Project, and/or the suitability of the Premises or the Project for the conduct of caused by Tenant’s business, and Tenant waives any implied warranty that the Premises or the Project are suitable for the Permitted Use. Landlord 's move-in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein. Notwithstanding anything to the contrary in this Lease, Landlord agrees that (a) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease repaired or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during the Term of this Lease and the rights and obligations of Landlord and Tenant with respect to this Lease shall be governed corrected by Section 18 or Section 19 of this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in the Work Letter), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment of the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in no event shall Landlord have any obligation to incur any additional or overtime costs to complete Landlord’s Work. Notwithstanding anything to the contrary contained herein, for the period of 60 consecutive days after (i) the Lease Date, as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense (expense, which repair or corrective work shall not constitute an Operating Expense), be responsible paid for out of the Tenant Improvements Allowance. Tenant acknowledges that neither Landlord nor Landlord's Agents have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any repairs that are required other purpose, nor has Landlord or Landlord's Agents agreed to be made undertake any Alterations or construct any Improvements to the Building and Building Systems serving Premises except as expressly provided in this Lease. If Tenant fails to submit a punch-list to Landlord within such 10-day period, it shall be deemed that there are no Improvement items needing additional work or repair. Landlord's contractor shall complete all reasonable punch-list items within thirty (30) days after the Premises, unless Tenant was responsible for the cause walk-through inspection or as soon as practicable thereafter. Upon completion of such repair, in which case Tenant shall pay the cost. Tenant shall have the right during the Term to use all the office furniture and equipment located within the Premises as of the date hereof that is owned by Landlord, as more specifically described on Exhibit G (“Landlord’s Property”). Tenant shall accept Landlord’s Property in its “as is” condition as of the Lease Date and shall return all of Landlord’s Property located in the Premises as of the Lease Date to Landlord upon the expiration or earlier termination of this Lease in the same condition as received, ordinary wear and tear excepted; provided, howeverpunch-list items, Tenant shall have the right approve such completed items in writing to remove the 3Landlord. If Tenant fails to approve such items within fourteen (14) days of completion, 8-foot chemical fume hoods in the chemistry lab of the Premises (the “Existing Fume Hoods”) provided that (i) Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage to the Premises caused such items shall be deemed approved by the removal of the Existing Fume HoodsTenant.

Appears in 2 contracts

Samples: Suit Lease (At Home Corp), Suit Lease (At Home Corp)

Acceptance of Premises. Tenant has been in possession of, and conducting business in, the Current Premises under the Nodality Sublease and expects to be in possession of the Expansion Premises under the Poniard Sublease Except as of the Lease Date, and intends to continue conducting business in the Premises, without interruption, from and after the Lease Date. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for any defects in the Current Premises (whether latent or. patent) and, except as otherwise set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Lease, Tenant accepts shall accept the Premises “as is”, in their its condition as of the Lease Commencement Date, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements (as defined in Section 7 hereof)laws, ordinances, regulations, covenants and restrictions. Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord has made any no representation or warranty with respect as to the condition of all or any portion of the Premises or the Project, and/or the suitability of the Premises or the Project for the conduct of Tenant’s 's business, and Tenant waives any implied warranty that the Premises or the Project are suitable for the Permitted UseTenant's intended purposes. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein. Notwithstanding anything to the contrary in this Lease, Landlord agrees that (a) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations Except as otherwise set forth in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during the Term of this Lease and the rights and obligations of Landlord and Tenant with respect to this Lease shall be governed by Section 18 or Section 19 of this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in the Work Letter), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment of the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in no event shall Landlord have any obligation for any defects in the Premises or any limitation on its use. The taking of possession of the Premises shall be conclusive evidence that Tenant accepts the Premises and that the Premises were in good condition at the time possession was taken except for items that are Landlord's responsibility under the Lease and any punchlist items agreed to incur any additional or overtime costs to complete Landlord’s Workin writing by Landlord and Tenant. Notwithstanding anything to the contrary contained set forth herein, for Landlord represents and warrants that as of the period of 60 consecutive days after Commencement Date (i) the Lease Datestructural integrity of the Premises, as to including without limitation, the Current Premises foundation, roof, and any load bearing or retaining walls, is free from any material latent or patent defects, (ii) Landlord is currently not the Substantial Completion subject of Landlord’s Workany bankruptcy or insolvency proceeding, (iii) the Premises shall be in compliance with all Legal Requirements (hereinafter defined) in effect as of the Commencement Date of this Lease, (iv) Landlord has full power, right and authority to execute and perform this Lease and all limited liability company action necessary to do so has been duly taken, and (v) there are no covenants, conditions, restrictions or agreements in existence which are not part of the Expansion public records which will adversely affect the permitted use of the Premises. If any of the foregoing representations or warranties are inaccurate, Landlord shall, at its sole cost promptly after receipt of written notice from Tenant setting forth with specificity the nature and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are required to be made to the Building and Building Systems serving the Premises, unless Tenant was responsible for the cause extent of such repairinaccuracy, in which case Tenant shall pay rectify the cost. Tenant shall have the right during the Term to use all the office furniture and equipment located within the Premises as of the date hereof that is owned by Landlord, as more specifically described on Exhibit G (“same at Landlord’s Property”). Tenant shall accept Landlord’s Property in its “as is” condition as of the Lease Date and shall return all of Landlord’s Property located in the Premises as of the Lease Date to Landlord upon the expiration or earlier termination of this Lease in the same condition as received, ordinary wear and tear excepted; provided, however, Tenant shall have the right to remove the 3, 8-foot chemical fume hoods in the chemistry lab of the Premises (the “Existing Fume Hoods”) provided that (i) Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage to the Premises caused by the removal of the Existing Fume Hoodsexpense.

Appears in 2 contracts

Samples: Lease Agreement (Skechers Usa Inc), Lease Agreement (Skechers Usa Inc)

Acceptance of Premises. By taking possession hereunder, Tenant acknowledges that it has been examined the Premises and accepts the condition thereof. Tenant acknowledges and agrees that Landlord has no obligation to improve the Premises other than as set forth specifically in possession ofthis Lease, if at all. In particular, Tenant acknowledges that any additional improvements or alterations needed to accommodate Tenant’s intended use shall be made solely at Tenant’s sole cost and expense, and conducting business instrictly in accordance with the requirements of this Lease (including the requirement to obtain Landlord’s consent thereto), the Current Premises under the Nodality Sublease unless such improvements and expects to be in possession alterations are specifically required of the Expansion Premises under the Poniard Sublease as of the Lease Date, and intends to continue conducting business in the Premises, without interruption, from and after the Lease DateLandlord. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for responsibility to do any defects work required under any building codes or other governmental requirements not in effect or applicable at the Current time the Premises (whether latent orwere constructed, including without limitation any requirements related to sprinkler retrofitting, seismic structural requirements, accommodation of disabled persons, or hazardous materials. patent) and, except as set forth in the Work Letter, Landlord shall have be under no obligation to perform any work provide utility, telephone or to refurbish, finish, other service or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied access beyond that which exists at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Lease, Tenant accepts the Premises “as is”, in their condition as of the Lease Date, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements (as defined in Section 7 hereof). Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of all or any portion of the Premises or the Project, and/or the suitability of the Premises or the Project for the conduct of Tenant’s business, and Tenant waives any implied warranty that the Premises or the Project are suitable for the Permitted Use. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein. Notwithstanding anything to the contrary in this Lease, Landlord agrees that (a) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during the Term of this Lease and the rights and obligations of Landlord and Tenant with respect to this Lease shall be governed by Section 18 or Section 19 of this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in the Work Letter), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment of the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in no event shall Landlord have any obligation to incur any additional or overtime costs to complete Landlord’s Work. Notwithstanding anything to the contrary contained herein, for the period of 60 consecutive days after (i) the Lease Date, as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are required to be made to the Building and Building Systems serving the Premises, unless Tenant was responsible for the cause of such repair, in which case Tenant shall pay the cost. Tenant shall have the right during the Term to use all the office furniture and equipment located within the Premises as of the date hereof of this Lease, unless Landlord specifically agrees in writing to provide the same. If it is anticipated that is owned Tenant will be doing any Alterations or installations prior to taking occupancy, any delays encountered by LandlordTenant in accomplishing such work or obtaining any required permits therefor shall not delay the Commencement Date or the date that Tenant becomes liable to pay rent, as more specifically described on Exhibit G (“Landlord’s Property”). Tenant shall accept Landlord’s Property in its “as is” condition as or the date that Landlord may effectively deliver possession of the Lease Date and shall return all Premises to Tenant. By taking possession hereunder, Tenant acknowledges that it accepts the square footage of Landlord’s Property located in the Premises as delivered and as stated in this Lease. No discovery or alleged discovery after such acceptance of any variance in such square footage as set forth in this Lease (or in any proposal, advertisement or other description thereof) shall be grounds for any adjustment in any element of the Lease Date to rent payable hereunder, unless such adjustment is initiated by and implemented by Landlord upon the expiration or earlier termination of this Lease in the same condition as received, ordinary wear and tear excepted; provided, however, Tenant shall have the right to remove the 3, 8-foot chemical fume hoods in the chemistry lab of the Premises (the “Existing Fume Hoods”) provided that (i) Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage to the Premises caused by the removal of the Existing Fume Hoodswriting.

Appears in 2 contracts

Samples: Industrial Net Lease (Halozyme Therapeutics Inc), Sublease Agreement (Tenby Pharma Inc)

Acceptance of Premises. Tenant acknowledges that it has been in possession ofinspected the Premises, knows the condition thereof, and conducting business inaccepts such Premises, and specifically the Current buildings and improvements comprising the same, in their present condition, as suitable for purposes for which the Premises under are leased. Taking of possession by Tenant shall be deemed conclusively to establish that said buildings and other improvements are in good and satisfactory condition as of when possession was taken. Tenant further acknowledges that no representations as to the Nodality Sublease repair of the Premises, nor promises to alter, remodel or improve the Premises have been made by Landlord, unless such are expressly set forth in this lease. If this lease is executed before the Premises become vacant or otherwise available and expects to be in ready for occupancy, or if any present tenant or occupant of the Premises holds over, and Landlord cannot, using good faith efforts, acquire possession of the Expansion Premises under the Poniard Sublease as of the Lease Date, and intends to continue conducting business in the Premises, without interruption, from and after the Lease Date. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit date above recited as the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for any defects in the Current Premises (whether latent or. patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery commencement date of this Lease, Tenant accepts the Premises “as is”, in their condition as of the Lease Date, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements (as defined in Section 7 hereof). Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of all or any portion of the Premises or the Project, and/or the suitability of the Premises or the Project for the conduct of Tenant’s business, and Tenant waives any implied warranty that the Premises or the Project are suitable for the Permitted Use. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein. Notwithstanding anything to the contrary in this Lease, Landlord agrees that (a) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during the Term of this Lease and the rights and obligations of Landlord and Tenant with respect to this Lease shall be governed by Section 18 or Section 19 of this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in the Work Letter), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Datelease, Landlord shall not be deemed to be in default hereunder, nor in any way liable to Tenant for any loss or damage resulting therefrombecause of such failure, and this Lease shall not be void or voidable. If Tenant agrees to accept possession of the Premises at such time as Landlord fails is able to Substantially Complete Landlord’s Work by tender the date which is 70 days after the Lease Date (same, which date shall thenceforth be deemed the "commencement date"; and the term of this lease shall automatically be extended so as to include the full number of months herein before provided for, except that if the commencement date is other than the first day of calendar month, such term shall also be extended for delays resulting from Force Majeure and Tenant Delay) (the remainder of tile calendar month in which possession is tendered. Landlord hereby waives payment of rent covering any period prior to such tendering of possession. After the commencement date, as so extendedTenant shall, the “Outside Delivery Date”)upon demand, then (i) Base Rent under this Lease shall xxxxx by one day for each day execute and deliver to Landlord a letter of delay in Substantial Completion acceptance of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment delivery of the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in no event shall Landlord have any obligation to incur any additional or overtime costs to complete Landlord’s Work. Notwithstanding anything to the contrary contained herein, for the period of 60 consecutive days after (i) the Lease Date, as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are required to be made to the Building and Building Systems serving the Premises, unless Tenant was responsible for the cause of such repair, in which case Tenant shall pay the cost. Tenant shall have the right during the Term to use all the office furniture and equipment located within the Premises as of the date hereof that is owned by Landlord, as more specifically described on Exhibit G (“Landlord’s Property”). Tenant shall accept Landlord’s Property in its “as is” condition as of the Lease Date and shall return all of Landlord’s Property located in the Premises as of the Lease Date to Landlord upon the expiration or earlier termination of this Lease in the same condition as received, ordinary wear and tear excepted; provided, however, Tenant shall have the right to remove the 3, 8-foot chemical fume hoods in the chemistry lab of the Premises (the “Existing Fume Hoods”) provided that (i) Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage to the Premises caused by the removal of the Existing Fume Hoods.

Appears in 2 contracts

Samples: Lease Agreement (Daleen Technologies Inc), Lease Agreement (Daleen Technologies Inc)

Acceptance of Premises. Tenant has been in possession of, and conducting business in, the Current Premises under the Nodality Sublease and expects to be in possession of the Expansion Premises under the Poniard Sublease as of the Lease Date, and intends to continue conducting business in the Premises, without interruption, from and after the Lease Date. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for any defects in the Current Premises (whether latent or. patent) andacknowledges that, except as set forth expressly provided in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Lease, Tenant accepts the Premises “as is”, in their condition as of the Lease Date, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements (as defined in Section 7 hereof). Tenant agrees and acknowledges that neither Landlord nor any agent representative of Landlord has made any representation or warranty with respect to the condition Premises or the Building or the suitability or fitness of all either for any purpose, including, without limitation, any representations or warranties regarding zoning or other land use matters; and that neither Landlord nor any portion representative of Landlord has made any representations or warranties regarding (i) what other tenants or uses may be permitted or intended in the Building and the Project, or (ii) any exclusivity of use by Tenant with respect to its permitted use of the Premises as set forth in Item 3 of the Basic Lease Provisions. Tenant further acknowledges that neither Landlord nor any representative of Landlord has agreed to undertake any alterations or additions or construct any improvements to the Project, and/or the suitability Premises except as expressly provided in this Lease. The taking of possession or use of the Premises or the Project by Tenant for the conduct of Tenant’s business, and Tenant waives any implied warranty 's business therein (but not for construction or early entry for fixturization in accordance with the Work Letter) shall conclusively establish that the Premises or and the Project are suitable for Building were in satisfactory condition and in conformity with the Permitted Use. Landlord in executing provisions of this Lease does so in reliance upon Tenant’s representationsall respects, warranties, acknowledgments and agreements contained herein. Notwithstanding anything except for: (i) those matters which Tenant brings to the contrary in this Lease, Landlord's attention on a written punch list delivered to Landlord agrees that within thirty (a30) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during days after the Term of this Lease and the rights and obligations of Landlord and Tenant commences with respect to this Lease shall be governed by Section 18 or Section 19 of this Leasethe Premises , as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in the Work Letter), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) Landlord's other obligations specifically provided in this Lease, including, without limitation, the Base responsibilities contained in Section 2.4 hereof. Nothing contained in this Section shall affect the commencement of the Term shall be extended by one day for each day or the obligation of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery DateTenant to pay rent. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner shall diligently complete all punch list items of which does not unreasonably interfere with Tenant’s use and enjoyment of the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in no event shall Landlord have any obligation to incur any additional or overtime costs to complete Landlord’s Work. Notwithstanding anything to the contrary contained herein, for the period of 60 consecutive days after (i) the Lease Date, is notified as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are required to be made to the Building and Building Systems serving the Premises, unless Tenant was responsible for the cause of such repair, in which case Tenant shall pay the cost. Tenant shall have the right during the Term to use all the office furniture and equipment located within the Premises as of the date hereof that is owned by Landlord, as more specifically described on Exhibit G (“Landlord’s Property”). Tenant shall accept Landlord’s Property in its “as is” condition as of the Lease Date and shall return all of Landlord’s Property located in the Premises as of the Lease Date to Landlord upon the expiration or earlier termination of this Lease in the same condition as received, ordinary wear and tear excepted; provided, however, Tenant shall have the right to remove the 3, 8-foot chemical fume hoods in the chemistry lab of the Premises (the “Existing Fume Hoods”) provided that (i) Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage to the Premises caused by the removal of the Existing Fume Hoodsabove.

Appears in 2 contracts

Samples: Lease (Broadcom Corp), Lease (Broadcom Corp)

Acceptance of Premises. By taking possession hereunder, Tenant acknowledges that It has been in possession ofexamined the Premises and accepts the condition thereof, other than latent defects. Tenant acknowledges and agrees that Landlord has no obligation to improve the Premises other than as set forth specifically In this Lease, If at all. In particular, Tenant acknowledges that any additional improvements or alterations needed to accommodate Tenant’s intended use shall be made solely at Tenant’s sole cost and expense, and conducting business instrictly in accordance with the requirements of this Lease (including the requirement to obtain Landlord’s consent thereto), the Current Premises under the Nodality Sublease unless such improvements and expects to be in possession alterations are specifically required of Landlord including without limitation Landlord’s installation of the Expansion Premises under the Poniard Sublease as of the Lease Date, and intends to continue conducting business in the Premises, without interruption, from and after the Lease DateTenant Improvements. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for responsibility to do any defects work within the Center required under any building codes or other governmental requirements not in effect or applicable as of the Current time the Premises (whether latent orwere constructed, including without limitation any requirements related to sprinkler retrofitting, seismic structural requirements, accommodation of disabled persons, or hazardous materials. patent) and, except as set forth in the Work Letter, Landlord shall have be under no obligation to perform any work provide utility, telephone or to refurbish, finish, other service or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied access beyond that which exists at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Lease, Tenant accepts the Premises “as is”, in their condition as of the Lease Date, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements (as defined in Section 7 hereof). Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of all or any portion of the Premises or the Project, and/or the suitability of the Premises or the Project for the conduct of Tenant’s business, and Tenant waives any implied warranty that the Premises or the Project are suitable for the Permitted Use. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein. Notwithstanding anything to the contrary in this Lease, Landlord agrees that (a) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during the Term of this Lease and the rights and obligations of Landlord and Tenant with respect to this Lease shall be governed by Section 18 or Section 19 of this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in the Work Letter), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment of the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in no event shall Landlord have any obligation to incur any additional or overtime costs to complete Landlord’s Work. Notwithstanding anything to the contrary contained herein, for the period of 60 consecutive days after (i) the Lease Date, as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are required to be made to the Building and Building Systems serving the Premises, unless Tenant was responsible for the cause of such repair, in which case Tenant shall pay the cost. Tenant shall have the right during the Term to use all the office furniture and equipment located within the Premises as of the date hereof of this Lease, unless Landlord specifically agrees in writing to provide the same. If it is anticipated that is owned Tenant will be doing any Alterations or installations prior to taking occupancy, any delays encountered by LandlordTenant in accomplishing such work or obtaining any required permits therefor shall not delay the Commencement Date or the date that Tenant becomes liable to pay rent, as more specifically described on Exhibit G (“Landlord’s Property”). Tenant shall accept Landlord’s Property in its “as is” condition as or the date that Landlord may effectively deliver possession of the Lease Date and shall return all Premises to Tenant. By taking possession hereunder, Tenant acknowledges that it accepts the square footage of Landlord’s Property located in the Premises as delivered and as stated in this Lease. No discovery or alleged discovery after such acceptance of any variance in such square footage as set forth in this Lease (or in any proposal, advertisement or other description thereof) shall be grounds for any adjustment in any component of the Lease Date to rent payable hereunder by Landlord upon the expiration or earlier termination of this Lease in the same condition as received, ordinary wear and tear excepted; provided, however, Tenant shall have the right to remove the 3, 8-foot chemical fume hoods in the chemistry lab of the Premises (the “Existing Fume Hoods”) provided that (i) Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage to the Premises caused by the removal of the Existing Fume HoodsTenant.

Appears in 2 contracts

Samples: Mabvax Therapeutics Holdings, Inc., Mabvax Therapeutics Holdings, Inc.

Acceptance of Premises. Subject to the Delivery Condition, Tenant has been in possession of, and conducting business in, the Current Premises under the Nodality Sublease and expects to be in will accept possession of the Expansion Premises under on the Poniard Sublease Delivery Date in its “AS IS” condition and “WITH ALL FAULTS”. Notwithstanding, Landlord warrants the good working order and condition of the Leasehold Improvements existing as of the Lease Delivery Date, the Building Structure, the Mechanical Systems and intends to continue conducting business in the Premises, without interruption, from and Generator until 120 days after the Lease Date. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for any defects in the Current Premises (whether latent or. patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Lease, Tenant accepts the Premises “as is”, in their condition as of the Lease Date, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements (as defined in Section 7 hereof). Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of first occupies all or any portion of the Premises for purposes of conducting business, (provided that in any event the 120 day warranty period commences no later than the ninetieth (90th) day following the Commencement Date) subject to maintenance, repairs or replacement required by the Projectnegligence, and/or misuse or misconduct of Tenant. In the suitability event Tenant notifies Landlord of any noncompliance with said warranty during the 120 day warranty period, then as Tenant’s sole and exclusive remedy for such noncompliance, Landlord shall promptly undertake to complete any required repairs or replacements identified in Tenant’s notice and such repairs or replacements shall be expeditiously completed at Landlord’s sole cost and expense, without reimbursement by Tenant. Otherwise, Landlord does not make and Tenant does not rely upon any representation or warranty of any kind, express or implied, with respect to the condition of the Premises (including habitability or fitness for any particular purpose of the Premises). TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LANDLORD HEREBY DISCLAIMS, AND TENANT WAIVES THE BENEFIT OF, ANY AND ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF HABITABILITY AND FITNESS OR SUITABILITY FOR A PARTICULAR PURPOSE. Landlord represents that to Landlord’s actual knowledge, it has delivered to Tenant true, correct and complete copies of the most current survey and the title policy in its possession relating to the status of title to the Project and that certain Phase I prepared by AEI Consultants, and to Landlord’s actual knowledge without investigation, there has been no change to the condition of title or the Project for the conduct existence of Tenant’s business, and Tenant waives any implied warranty that the Premises hazardous or toxic materials at or under the Project are suitable for from and after the Permitted Usedates referenced in such documents. Landlord in executing For purposes of this Lease does so in reliance upon Tenant’s representationsparagraph, warranties, acknowledgments and agreements contained herein. Notwithstanding anything to the contrary in this Lease, Landlord agrees that (a) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore term “Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking actual knowledge” shall be deemed to have occurred during mean and be limited to the Term current actual knowledge of the Designated Knowledge Person (as defined below) and the current property manager, at the time of execution of this Lease and the rights and obligations not any implied, imputed, or constructive knowledge of said individuals or of Landlord and Tenant with respect to this Lease shall be governed by Section 18 or Section 19 of this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in the Work Letter), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment of the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in no event shall Landlord have any obligation to incur any additional or overtime costs to complete Landlord’s Work. Notwithstanding anything to the contrary contained herein, for the period of 60 consecutive days after (i) the Lease Date, as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are required to be made to the Building and Building Systems serving the Premises, unless Tenant was responsible for the cause of such repair, in which case Tenant shall pay the cost. Tenant shall have the right during the Term to use all the office furniture and equipment located within the Premises as of the date hereof that is owned by Landlord, as more specifically described on Exhibit G (“Landlord’s Property”). Tenant shall accept Landlord’s Property in its “as is” condition as of the Lease Date and shall return all of Landlord’s Property located in the Premises as of the Lease Date to Landlord upon the expiration or earlier termination of this Lease in the same condition as received, ordinary wear and tear excepted; provided, however, Tenant shall have the right to remove the 3, 8-foot chemical fume hoods in the chemistry lab of the Premises (the “Existing Fume Hoods”) provided that (i) Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage to the Premises caused by the removal of the Existing Fume Hoods.any

Appears in 2 contracts

Samples: Office Lease (Box Inc), Office Lease (Box Inc)

Acceptance of Premises. Within ten (10) days after completion of the Tenant has been Improvements Tenant shall conduct a walk-through inspection of the Premises with Landlord and complete a punch list of items needing additional work. Other than the items specified in possession ofthe punch list, if any, and conducting business insubject to Landlord's representations and warranties described below, the Current Premises under the Nodality Sublease and expects to be in by taking possession of the Expansion Premises under the Poniard Sublease as of the Lease Date, and intends to continue conducting business in the Premises, without interruption, from and after Tenant shall be deemed to have accepted the Lease Date. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the good, clean and completed condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for any defects in the Current Premises (whether latent or. patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Lease, Tenant accepts the Premises “as is”, in their condition as of the Lease Date, without any qualifications, restrictions, or limitationsrepair, subject to all applicable Legal Requirements (as defined in Section 7 hereof)laws, codes and ordinances. Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect Any damage to the condition of all or any portion of the Premises or the Project, and/or the suitability of the Premises or the Project for the conduct of caused by Tenant’s business, and Tenant waives any implied warranty that the Premises or the Project are suitable for the Permitted Use. Landlord 's move-in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein. Notwithstanding anything to the contrary in this Lease, Landlord agrees that (a) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease repaired or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during the Term of this Lease and the rights and obligations of Landlord and Tenant with respect to this Lease shall be governed corrected by Section 18 or Section 19 of this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in the Work Letter), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment of the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in no event shall Landlord have any obligation to incur any additional or overtime costs to complete Landlord’s Work. Notwithstanding anything to the contrary contained herein, for the period of 60 consecutive days after (i) the Lease Date, as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense (expense, which repair or corrective work shall not constitute an Operating Expense), be responsible paid for out of the Tenant Improvements Allowance. Tenant acknowledges that neither Landlord nor Landlord's Agents have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any repairs that are required other purpose, nor has Landlord or Landlord's Agents agreed to be made undertake any Alterations or construct any Improvements to the Building and Building Systems serving Premises except as expressly provided in this Lease. If Tenant fails to submit a punch-list to Landlord within such 10-day period, it shall be deemed that there are no Improvement items needing additional work or repair. Landlord's contractor shall complete all reasonable punch-list items within thirty (30) days after the Premises, unless Tenant was responsible for the cause walk-through inspection or as soon as practicable thereafter. Upon completion of such repair, in which case Tenant shall pay the cost. Tenant shall have the right during the Term to use all the office furniture and equipment located within the Premises as of the date hereof that is owned by Landlord, as more specifically described on Exhibit G (“Landlord’s Property”). Tenant shall accept Landlord’s Property in its “as is” condition as of the Lease Date and shall return all of Landlord’s Property located in the Premises as of the Lease Date to Landlord upon the expiration or earlier termination of this Lease in the same condition as received, ordinary wear and tear excepted; provided, howeverpunch-list items, Tenant shall have the right approve such completed items in writing to remove the 3Landlord. If Tenant fails to approve such items within fourteen (14) days of completion, 8-foot chemical fume hoods in the chemistry lab of the Premises (the “Existing Fume Hoods”) provided that (i) Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage to the Premises caused such items shall be deemed approved by the removal of the Existing Fume HoodsTenant.

Appears in 2 contracts

Samples: Suit Lease (At Home Corp), Suit Lease (At Home Corp)

Acceptance of Premises. Tenant has been Landlord shall make all improvements in possession ofaccordance with the “Final Plans” prepared and approved by the parties in accordance with Exhibit “B” (the “Landlord’s Work”), based upon architectural plans and conducting business in, the Current Premises under the Nodality Sublease specifications and expects construction drawings to be in possession of the Expansion Premises under the Poniard Sublease as of the Lease Date, prepared by Tenant’s architect and intends approved by Landlord pursuant to continue conducting business in the Premises, without interruption, from and after the Lease DateExhibit “B”. Further, since Landlord shall (i) obtain all permits and approvals necessary for the Current Premises will not be empty and/or unoccupied at any time prior completion of [***]: Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the Current Premises Commencement Date and Landlord will have no opportunity to inspectomitted portions. Landlord’s Work, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for any defects in the Current Premises (whether latent or. patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied at any time prior to the Expansion Premises Commencement Date complete Landlord’s Work in compliance with all applicable laws, ordinances and regulations. Tenant and Landlord will have no opportunity agree that Landlord’s Work shall be performed by Lauth Construction, LLC, which shall construct Landlord’s Work on a “cost plus” basis pursuant to inspect, examine, and/or audit the Expansion Premises which it shall be entitled to receive a fee to act as general contractor in order an amount equal to establish the condition [***] of the Expansion Premises as total costs of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Lease, Tenant accepts the Premises “as is”, in their condition as of the Lease Date, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements (as defined in Section 7 hereof). Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of all or any portion of the Premises or the Project, and/or the suitability of the Premises or the Project for the conduct of Tenant’s business, and Tenant waives any implied warranty that the Premises or the Project are suitable for the Permitted Use. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein. Notwithstanding anything to the contrary in this Lease, Landlord agrees that (a) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined)In addition, such casualty or Taking Lauth Construction, LLC shall be deemed to have occurred during the Term of this Lease reimbursed for its costs incurred for general conditions and the rights and obligations of Landlord and Tenant overhead in connection with respect to this Lease shall be governed by Section 18 or Section 19 of this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in the Work Letter), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment of the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor in an amount equal to provide Tenant with at least 5 business days prior notice [***] of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in no event shall Landlord have any obligation to incur any additional or overtime costs to complete of Landlord’s Work. Notwithstanding anything Inasmuch as Landlord’s affiliate, Lauth Construction, LLC, will act as general contractor and will be entitled to the contrary contained hereinfees and reimbursements in the foregoing amounts, Landlord shall not receive a construction management fee for the period of 60 consecutive days after (i) the Lease Dateinitial tenant improvements. Tenant acknowledges that it has not relied upon any statements, as to the Current Premises and (ii) the Substantial Completion of representations, agreements, or warranties made by Landlord or Landlord’s Workagents, except such as to the Expansion Premises, are expressed in this Lease. Landlord shall, at its Landlord’s sole cost and expense expense, promptly repair, replace and/or restore, if and to the extent applicable, any defects in Landlord’s Work in accordance with the warranty set forth in Section 6 of Exhibit “B”. In connection therewith, upon the Commencement Date, Landlord shall provide Tenant with an elevation certificate from Landlord’s Surveyor evidencing that the Building slab has been constructed at a minimum level of eighteen inches (which 18”) above the 100 year flood plain and if, as a result of Landlord’s failure to construct the Building slab at such elevation, the Tenant incurs any additional insurance premiums, Landlord shall not constitute an Operating Expense), be responsible for any repairs that are required to be made to the Building all such additional insurance premiums and Building Systems serving the Premises, unless Tenant was responsible for the cause of such repair, in which case Tenant shall pay the cost. Tenant shall have the right during the Term to use all the office furniture related costs and equipment located within the Premises as of the date hereof that is owned expenses incurred by Landlord, as more specifically described on Exhibit G (“Landlord’s Property”). Tenant shall accept Landlord’s Property in its “as is” condition as of the Lease Date and shall return all of Landlord’s Property located in the Premises as of the Lease Date to Landlord upon the expiration or earlier termination of this Lease in the same condition as received, ordinary wear and tear excepted; provided, however, Tenant shall have the right to remove the 3, 8-foot chemical fume hoods in the chemistry lab of the Premises (the “Existing Fume Hoods”) provided that (i) Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage to the Premises caused by the removal of the Existing Fume HoodsTenant.

Appears in 2 contracts

Samples: Lease (Ulta Salon, Cosmetics & Fragrance, Inc.), Lease (Ulta Salon, Cosmetics & Fragrance, Inc.)

Acceptance of Premises. Tenant has been in possession of, and conducting business in, shall accept the Current Premises under the Nodality Sublease and expects to be in possession of the Expansion Premises under the Poniard Sublease as of the Lease Date, and intends to continue conducting business in the Premises, without interruption, from and after the Lease Date. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for any defects in the Current Premises (whether latent or. patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Lease, Tenant accepts the Premises “as is”, in their its condition as of the Lease Commencement Date, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements (as defined in Section 7 hereof)laws, ordinances, regulations, covenants and restrictions. Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord has made any no representation or warranty with respect as to the condition of all or any portion of the Premises or the Project, and/or the suitability of the Premises or the Project for the conduct of Tenant’s 's business, and Tenant waives any implied warranty that the Premises or the Project are suitable for the Permitted UseTenant's intended purposes. Landlord Except as provided in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein. Notwithstanding anything to the contrary in this Lease, Landlord agrees that (a) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during the Term of this Lease and the rights and obligations of Landlord and Tenant with respect to this Lease shall be governed by Section 18 or Section 19 of this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in the Work Letter), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment of the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained hereinParagraph 10, in no event shall Landlord have any obligation for any defects in the Premises or any limitation on its use. The taking of possession of the Premises shall be conclusive evidence that Tenant accepts the Premises and that the Premises were in good condition at the time possession was taken except for items that are Landlord's responsibility under Paragraph 10 and any punchlist items agreed to incur any additional or overtime costs to complete Landlord’s Workin writing by Landlord and Tenant. Notwithstanding anything any provision to the contrary contained hereinin the Lease, for at the period of 60 consecutive days after (i) the Lease Commencement Date, as Landlord's Work shall conform to all requirements of covenants, conditions, restrictions and encumbrances of record, unless modified by binding variance from the Current Premises governing entity ("CC&R's"), and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense (which all Legal Requirements applicable thereto. Tenant shall not constitute an Operating Expense), be responsible for any repairs that are required to be made construct or pay the cost of complying with any CC&R's, Legal Requirements requiring construction of improvements in the Premises which are properly capitalized under general accounting principles, unless such compliance is necessitated because of Tenant's particular use of the Premises or is mandated by Legal Requirements enacted, or applicable to the Building and Building Systems serving the Premises, unless Tenant was responsible subsequent to the Commencement Date. The parties' obligations and liability to each other with respect to Hazardous Materials shall not be governed by this Paragraph 2, but shall be governed by Paragraph 30 of this Lease. Landlord shall remain liable for correcting defects in Landlord's Work during the first 6 months of the Term and for the cause compliance with Legal Requirements of such repair, in which case Tenant shall pay the cost. Tenant shall have the right during the Term to use all the office furniture and equipment located within the Premises Landlord's Work as of the date hereof that is owned by Landlord, as more specifically described on Exhibit G (“Landlord’s Property”). Tenant shall accept Landlord’s Property in its “as is” condition as of the Lease Date and shall return all of Landlord’s Property located in the Premises as of the Lease Date to Landlord upon the expiration or earlier termination of this Lease in the same condition as received, ordinary wear and tear excepted; provided, however, Tenant shall have the right to remove the 3, 8-foot chemical fume hoods in the chemistry lab of the Premises (the “Existing Fume Hoods”) provided that (i) Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage to the Premises caused by the removal of the Existing Fume HoodsCommencement Date.

Appears in 2 contracts

Samples: Lease Agreement (Celerity Group Inc), Lease Agreement (Celerity Group Inc)

Acceptance of Premises. Except as may otherwise be expressly provided in a Construction Addendum attached hereto (if any), Tenant has been shall accept the Premises on the Commencement Date in possession ofits “AS-IS” condition, subject to all applicable laws, ordinances, regulations, covenants and restrictions, and conducting business in, the Current Premises under the Nodality Sublease and expects to be in possession of the Expansion Premises under the Poniard Sublease as of the Lease Date, and intends to continue conducting business in the Premises, without interruption, from and after the Lease Date. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for any defects in the Current Premises (whether latent or. patent) and, except as set forth in the Work Letter, shall have no obligation to perform or pay for any repair or other work or to refurbishtherein Landlord represents and warrants that, finish, or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, date Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery tenders possession of this Lease, Tenant accepts the Premises “as is”to Tenant, in their condition as of the Lease Date, without any qualifications, restrictions, or limitations, subject to base building shell shall comply with all applicable Legal Requirements (as hereinafter defined) specific to base building shells, including the American with Disabilities Act, but specifically excluding zoning ordinances and other Legal Requirements specific to Tenant’s use of the Premises; provided, however that if the base building shell is not in compliance with such Legal Requirements and Tenant cannot commence construction of Tenant Improvements (as defined in Section 7 hereof)Exhibit C) because of such lack of compliance caused by Landlord, then Landlord shall use commercially reasonable efforts to being the base building shell into such compliance within thirty (30) days of delivery of possession of the Premises to Tenant. Tenant agrees and acknowledges that neither Landlord nor For the purposes of the foregoing, if the lack of compliance is the result of Landlord’s failure to obtain any agent certificate from a governmental authority, then the issuance of the appropriate certificate by the applicable governmental authority following the base building final inspection shall satisfy the foregoing requirements. Landlord has made any no representation or warranty with respect as to the condition of all or any portion of the Premises or the Project, and/or the suitability of the Premises or the Project for the conduct of Tenant’s business, and Tenant waives any implied warranty that the Premises or the Project are suitable for the Permitted Use. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein. Notwithstanding anything to the contrary in this Lease, Landlord agrees that intended purposes TENANT ACKNOWLEDGES THAT SUBJECT TO THE TERMS OF THIS LEASE (a) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement DateIT HAS INSPECTED AND ACCEPTS THE PREMISES IN AN “AS IS, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and WHERE IS” CONDITION (UNLESS OTHERWISE EXPRESSLY PROVIDED IN A CONSTRUCTION ADDENDUM ATTACHED HERETO, IF ANY), (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking THE BUILDINGS AND IMPROVEMENTS COMPRISING THE SAME ARE SUITABLE FOR THE PURPOSE FOR WHICH THE PREMISES ARE LEASED AND LANDLORD HAS MADE NO WARRANTY, REPRESENTATION, COVENANT, OR AGREEMENT WITH RESPECT TO THE MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE PREMISES, (as hereinafter definedc) THE PREMISES ARE IN GOOD AND SATISFACTORY CONDITION, (d) NO REPRESENTATIONS AS TO THE REPAIR OF THE PREMISES, NOR PROMISES TO ALTER, REMODEL OR IMPROVE THE PREMISES HAVE BEEN MADE BY LANDLORD (UNLESS OTHERWISE EXPRESSLY PROVIDED IN A CONSTRUCTION ADDENDUM ATTACHED HERETO, IF ANY), such casualty or Taking shall be deemed to have occurred during the Term of AND (e) THERE ARE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED, IMPLIED OR STATUTORY, THAT EXTEND BEYOND THE DESCRIPTION OF THE PREMISES. Except as provided in this Lease Section 2 and the rights Sections 10 and obligations of Landlord and Tenant with respect to this Lease shall be governed by Section 18 or Section 19 of this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay 11 (as defined in the Work Letterd), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment of the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in no event shall Landlord have any obligation to incur any additional or overtime costs to complete Landlord’s Work. Notwithstanding anything to the contrary contained herein, for the period of 60 consecutive days after (i) the Lease Date, as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are required to be made to the Building and Building Systems serving the Premises, unless Tenant was responsible for the cause of such repair, in which case Tenant shall pay the cost. Tenant shall have the right during the Term to use all the office furniture and equipment located within defects if the Premises as or any limitation on its use. The taking of the date hereof that is owned by Landlord, as more specifically described on Exhibit G (“Landlord’s Property”). Tenant shall accept Landlord’s Property in its “as is” condition as of the Lease Date and shall return all of Landlord’s Property located in the Premises as of the Lease Date to Landlord upon the expiration or earlier termination of this Lease in the same condition as received, ordinary wear and tear excepted; provided, however, Tenant shall have the right to remove the 3, 8-foot chemical fume hoods in the chemistry lab possession of the Premises (the “Existing Fume Hoods”) provided shall be conclusive evidence that (i) Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage to accepts the Premises caused and that the Premises were in good condition at the time possession was taken except for items that are Landlord’s responsibility under this Section 2 and Sections 10 and 11 (d), and any punchlist items agreed to in writing by the removal of the Existing Fume HoodsLandlord and Tenant.

Appears in 2 contracts

Samples: Lease Agreement, Part of Lease Agreement (Rackspace Inc)

Acceptance of Premises. Landlord represents and warrants to Tenant has that, to Landlord’s actual knowledge, (i) all Building Systems within or servicing the Premises are in good working order and repair and (ii) the Base Building Improvements have been fully constructed and are in possession of, good condition and conducting business in, repair. Landlord shall ensure that the Current Premises under are in a broom-clean condition on the Nodality Sublease and expects to be in Delivery Date. By entering into possession of the Expansion Premises under or any part thereof for purposes of constructing the Poniard Sublease as of the Lease DateTenant Improvement Work therein, and intends except for such matters as Tenant shall specify to continue conducting business Landlord in the Premiseswriting within ten (10) days thereafter, without interruption, from and after the Lease Date. Further, since (i) the Current Premises will not Tenant shall be empty and/or unoccupied at any time prior conclusively deemed to have agreed that Landlord has performed all of its obligations hereunder with respect to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Delivery Date and that the Premises Commencement comply with the requirements of this Lease as of the Delivery Date, except for latent defects in the core and shell of the Building or the Building Systems of which Landlord is notified during the Lease Term. With respect to such latent defects, Landlord shall have no responsibility to correct, or liability with respect to, any latent defects in any portion of the Tenant Improvements installed by a contractor of Tenant, but shall be responsible for any repair of or liable for latent defects in the Current Premises (whether latent or. patent) andcore and shell of the Building, except as set forth in the Work LetterCommon Area and in the Building Systems. Tenant accepts this Lease subject to all applicable zoning laws and regulations, shall have and any easements, covenants or restrictions of record, which Landlord represents, to its actual knowledge, do no obligation to perform any work or to refurbish, finish, or otherwise alter prohibit the Current Premises in order to prepare use of the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises general office uses. Except as otherwise expressly provided in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Lease, Tenant accepts the Premises “as is”, in their condition as of the Lease Date, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements (as defined in Section 7 hereof). Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of all Premises, the Building or any other portion of the Premises or the Park Place Project, and/or including without limitation, any representation or warranty with respect to the suitability or fitness of the Premises Premises, the Building or any other portion of the Park Place Project for the conduct of Tenant’s business, and Tenant waives any implied warranty that the Premises or the Project are suitable for the Permitted Use. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein. Notwithstanding anything to the contrary in this Lease, Landlord agrees that (a) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during the Term of this Lease and the rights and obligations of Landlord and Tenant with respect to this Lease shall be governed by Section 18 or Section 19 of this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in the Work Letter), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment of the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in no event shall Landlord have any obligation to incur any additional or overtime costs to complete Landlord’s Work. Notwithstanding anything to the contrary contained herein, for the period of 60 consecutive days after (i) the Lease Date, as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are required to be made to the Building and Building Systems serving the Premises, unless Tenant was responsible for the cause of such repair, in which case Tenant shall pay the cost. Tenant shall have the right during the Term to use all the office furniture and equipment located within the Premises as of the date hereof that is owned by Landlord, as more specifically described on Exhibit G (“Landlord’s Property”). Tenant shall accept Landlord’s Property in its “as is” condition as of the Lease Date and shall return all of Landlord’s Property located in the Premises as of the Lease Date to Landlord upon the expiration or earlier termination of this Lease in the same condition as received, ordinary wear and tear excepted; provided, however, Tenant shall have the right to remove the 3, 8-foot chemical fume hoods in the chemistry lab of the Premises (the “Existing Fume Hoods”) provided that (i) Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage to the Premises caused by the removal of the Existing Fume Hoods.

Appears in 2 contracts

Samples: Office Lease (New Century Financial Corp), Office Lease (New Century Financial Corp)

Acceptance of Premises. By taking possession hereunder, Xxxxxx acknowledges that it has examined the Premises and accepts the condition thereof. Xxxxxx acknowledges and agrees that Xxxxxxxx has no obligation to improve the Premises other than as set forth specifically in this Lease, if at all. In particular, Tenant has been in possession ofacknowledges that any additional improvements or alterations needed to accommodate Xxxxxx's intended use shall be made solely at Tenant's sole cost and expense, and conducting business instrictly in accordance with the requirements of this Lease (including the requirement to obtain Landlord's consent thereto), the Current Premises under the Nodality Sublease unless such improvements and expects to be in possession alterations are specifically required of the Expansion Premises under the Poniard Sublease as of the Lease Date, and intends to continue conducting business in the Premises, without interruption, from and after the Lease DateLandlord. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for responsibility to do any defects work required under any building codes or other governmental requirements not in effect or applicable at the Current time the Premises (whether latent orwere constructed, including without limitation any requirements related to sprinkler retrofitting, seismic structural requirements, accommodation of disabled persons, or hazardous materials. patent) and, except as set forth in the Work Letter, Landlord shall have be under no obligation to perform any work provide utility, telephone or to refurbish, finish, other service or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied access beyond that which exists at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Lease, Tenant accepts the Premises “as is”, in their condition as of the Lease Date, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements (as defined in Section 7 hereof). Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of all or any portion of the Premises or the Project, and/or the suitability of the Premises or the Project for the conduct of Tenant’s business, and Tenant waives any implied warranty that the Premises or the Project are suitable for the Permitted Use. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein. Notwithstanding anything to the contrary in this Lease, Landlord agrees that (a) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during the Term of this Lease and the rights and obligations of Landlord and Tenant with respect to this Lease shall be governed by Section 18 or Section 19 of this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in the Work Letter), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment of the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in no event shall Landlord have any obligation to incur any additional or overtime costs to complete Landlord’s Work. Notwithstanding anything to the contrary contained herein, for the period of 60 consecutive days after (i) the Lease Date, as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are required to be made to the Building and Building Systems serving the Premises, unless Tenant was responsible for the cause of such repair, in which case Tenant shall pay the cost. Tenant shall have the right during the Term to use all the office furniture and equipment located within the Premises as of the date hereof of this Lease, unless Xxxxxxxx specifically agrees in writing to provide the same. If it is anticipated that is owned Tenant will be doing any Alterations or installations prior to taking occupancy, any delays encountered by LandlordTenant in accomplishing such work or obtaining any required permits therefor shall not delay the Commencement Date or the date that Tenant becomes liable to pay rent, as more specifically described on Exhibit G (“Landlord’s Property”). Tenant shall accept Landlord’s Property in its “as is” condition as or the date that Landlord may effectively deliver possession of the Lease Date and shall return all Premises to Tenant. By taking possession hereunder, Xxxxxx acknowledges that it accepts the square footage of Landlord’s Property located in the Premises as delivered and as stated in this Lease. No discovery or alleged discovery after such acceptance of any variance in such square footage as set forth in this Lease (or in any proposal, advertisement or other description thereof) shall be grounds for any adjustment in any element of the Lease Date to rent payable hereunder, unless such adjustment is initiated by and implemented by Landlord upon the expiration or earlier termination of this Lease in the same condition as received, ordinary wear and tear excepted; provided, however, Tenant shall have the right to remove the 3, 8-foot chemical fume hoods in the chemistry lab of the Premises (the “Existing Fume Hoods”) provided that (i) Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage to the Premises caused by the removal of the Existing Fume Hoodswriting.

Appears in 1 contract

Samples: Industrial Gross Lease (Scripps Financial Corp)

Acceptance of Premises. By taking possession hereunder, Tenant acknowledges that it has been examined the Premises and accepts the condition thereof. Tenant acknowledges and agrees that Landlord has no obligation to improve the Premises other than as set forth specifically in possession ofthis Lease, if at all. In particular, Tenant acknowledges that any additional improvements or Alterations needed to accommodate Tenant's intended use shall be made solely at Tenant's sole cost and expense, and conducting business instrictly in accordance with the requirements of this Lease (including the requirement to obtain Landlord's consent thereto), the Current Premises under the Nodality Sublease unless such improvements and expects to be in possession alterations are specifically required of the Expansion Premises under the Poniard Sublease as of the Lease Date, and intends to continue conducting business in the Premises, without interruption, from and after the Lease DateLandlord. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for responsibility to do any defects work required under any building codes or other governmental requirements not in effect or applicable at the Current time the Premises (whether latent orwere constructed, including without limitation any requirements related to sprinkler retrofitting, seismic structural requirements, accommodation of disabled persons, or hazardous materials. patent) and, except as set forth in the Work Letter, Landlord shall have be under no obligation to perform any work provide utility, telephone or to refurbish, finish, other service or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied access beyond that which exists at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Lease, Tenant accepts the Premises “as is”, in their condition as of the Lease Date, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements (as defined in Section 7 hereof). Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of all or any portion of the Premises or the Project, and/or the suitability of the Premises or the Project for the conduct of Tenant’s business, and Tenant waives any implied warranty that the Premises or the Project are suitable for the Permitted Use. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein. Notwithstanding anything to the contrary in this Lease, Landlord agrees that (a) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during the Term of this Lease and the rights and obligations of Landlord and Tenant with respect to this Lease shall be governed by Section 18 or Section 19 of this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in the Work Letter), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment of the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in no event shall Landlord have any obligation to incur any additional or overtime costs to complete Landlord’s Work. Notwithstanding anything to the contrary contained herein, for the period of 60 consecutive days after (i) the Lease Date, as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are required to be made to the Building and Building Systems serving the Premises, unless Tenant was responsible for the cause of such repair, in which case Tenant shall pay the cost. Tenant shall have the right during the Term to use all the office furniture and equipment located within the Premises as of the date hereof of this Lease, unless Landlord specifically agrees in writing to provide the same. If it is anticipated that is owned Tenant will be doing any Alterations or installations prior to taking occupancy, any delays encountered by LandlordTenant in accomplishing such work or obtaining any required permits therefor shall not delay the Commencement Date or the date that Tenant becomes liable to pay rent, as more specifically described on Exhibit G (“Landlord’s Property”). Tenant shall accept Landlord’s Property in its “as is” condition as or the date that Landlord may effectively deliver possession of the Lease Date and shall return all Premises to Tenant. By taking possession hereunder, Tenant acknowledges that it accepts the square footage of Landlord’s Property located in the Premises as delivered and as stated in this Lease. No discovery or alleged discovery after such acceptance of any variance in such square footage as set forth in this Lease (or in any proposal, advertisement or other description thereof) shall be grounds for any adjustment in any element of the Lease Date to rent payable hereunder, unless such adjustment is initiated by and implemented by Landlord upon the expiration or earlier termination of this Lease in the same condition as received, ordinary wear and tear excepted; provided, however, Tenant shall have the right to remove the 3, 8-foot chemical fume hoods in the chemistry lab of the Premises (the “Existing Fume Hoods”) provided that (i) Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage to the Premises caused by the removal of the Existing Fume Hoodswriting.

Appears in 1 contract

Samples: Industrial Net Lease (Avanir Pharmaceuticals)

Acceptance of Premises. By taking possession hereunder, Xxxxxx acknowledges that it has examined the Premises and accepts the condition thereof. Xxxxxx acknowledges and agrees that Landlord has no obligation to improve the Premises other than as set forth specifically in this Lease. In particular, Tenant has been in possession ofacknowledges that any additional improvements or alterations needed to accommodate Tenant’s intended use shall be made solely at Tenant’s sole cost and expense, and conducting business instrictly in accordance with the requirements of this Lease (including the requirement to obtain Landlord’s consent thereto), the Current Premises under the Nodality Sublease unless such improvements and expects to be in possession alterations are specifically required of the Expansion Premises under the Poniard Sublease as of the Lease Date, and intends to continue conducting business in the Premises, without interruption, from and after the Lease DateLandlord. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior Except to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises extent set forth in order to establish the condition of the Current Premises as of the Current Premises Commencement DateSection 11.2 hereof, Landlord shall have no liability for responsibility to do any defects work required under any building codes or other governmental requirements not in effect or applicable at the Current time the Premises (whether latent orwere constructed, including without limitation any requirements related to sprinkler retrofitting, seismic structural requirements, accommodation of disabled persons, or hazardous materials. patent) and, except as set forth in the Work Letter, Landlord shall have be under no obligation to perform any work provide utility, telephone or to refurbish, finish, other service or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied access beyond that which exists at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Lease, Tenant accepts the Premises “as is”, in their condition as of the Lease Date, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements (as defined in Section 7 hereof). Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of all or any portion of the Premises or the Project, and/or the suitability of the Premises or the Project for the conduct of Tenant’s business, and Tenant waives any implied warranty that the Premises or the Project are suitable for the Permitted Use. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein. Notwithstanding anything to the contrary in this Lease, Landlord agrees that (a) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during the Term of this Lease and the rights and obligations of Landlord and Tenant with respect to this Lease shall be governed by Section 18 or Section 19 of this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in the Work Letter), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment of the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in no event shall Landlord have any obligation to incur any additional or overtime costs to complete Landlord’s Work. Notwithstanding anything to the contrary contained herein, for the period of 60 consecutive days after (i) the Lease Date, as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are required to be made to the Building and Building Systems serving the Premises, unless Tenant was responsible for the cause of such repair, in which case Tenant shall pay the cost. Tenant shall have the right during the Term to use all the office furniture and equipment located within the Premises as of the date hereof of this Lease, unless Xxxxxxxx specifically agrees in writing to provide the same. If it is anticipated that is owned Tenant will be doing any Alterations or installations prior to taking occupancy, any delays encountered by LandlordTenant in accomplishing such work or obtaining any required permits therefor shall not delay the Commencement Date or the date that Tenant becomes liable to pay rent, as more specifically described on Exhibit G (“Landlord’s Property”). Tenant shall accept Landlord’s Property in its “as is” condition as or the date that Landlord may effectively deliver possession of the Lease Date and shall return all Premises to Tenant. By taking possession hereunder, Xxxxxx acknowledges that it accepts the square footage of Landlord’s Property located in the Premises as delivered and as stated in this Lease. No discovery or alleged discovery after such acceptance of any variance in such square footage as set forth in this Lease (or in any proposal, advertisement or other description thereof) shall be grounds for any adjustment in any component of the Lease Date to Landlord upon the expiration or earlier termination of this Lease in the same condition as receivedrent payable hereunder, ordinary wear unless such adjustment is initiated by and tear excepted; provided, however, Tenant shall have the right to remove the 3, 8-foot chemical fume hoods in the chemistry lab of the Premises (the “Existing Fume Hoods”) provided that (i) Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage to the Premises caused implemented by the removal of the Existing Fume HoodsLandlord.

Appears in 1 contract

Samples: CardioVascular BioTherapeutics, Inc.

Acceptance of Premises. Tenant has been in possession of, and conducting business in, in the Current Premises under the Nodality Sublease Oscient Sublease, the Oscient Space Attornment Agreement, the Premises West Consent Agreement and expects to be in possession of the Expansion Premises under the Poniard Sublease as of the East Lease Date, and intends to continue conducting business in the Premises, without interruption, from and after the Lease Commencement Date. Further, Further since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for any defects in the Current Premises (whether latent or. or patent) and, and shall have no obligation to perform any work (except as set forth in the Work Letter, shall have no obligation to perform any work ) or to refurbish, finish, or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a resultExcept as set forth in the Work Letter, as conclusively evidenced by Tenant’s execution and delivery of this Lease, Tenant accepts the Premises “as is”, in their condition as of the Lease Commencement Date, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements (as defined in Section 7 hereof). Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of all or any portion of the Premises or the Project, and/or the suitability of the Premises or the Project for the conduct of Tenant’s business, and Tenant waives any implied warranty that the Premises or the Project are suitable for the Permitted Use. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein. Notwithstanding anything to the contrary in this Lease, Landlord agrees that (a) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during the Term of this Lease and the rights and obligations of Landlord and Tenant with respect to this Lease shall be governed by Section 18 or Section 19 of this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in the Work Letter), Landlord shall use commercially reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date February 28, 2011 (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the the-Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date April 4, 2011 (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. The Outside Delivery Date and (ii) the Base Term shall be further extended by one day-for-day for each day of delay in Substantial Completion of Landlord’s Work that the Execution Date extends beyond the Outside Delivery DateJuly 19, 2010. Landlord agrees to use commercially reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment of the Premises under the Nodality Sublease and the Poniard SubleasePremises; provided, that, Landlord shall have no obligation to incur any additional material cost in performing Landlord’s Work. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in no event shall Landlord have any obligation to incur any additional or overtime costs to complete Landlord’s Work. Notwithstanding anything to the contrary contained herein, for the period of 60 consecutive days after (i) the Lease Date, as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are required to be made to portions of the Building and Building Systems serving the PremisesPremises which are newly installed as part of Landlord’s Work, unless Tenant was responsible for the cause of such repair, in which case Tenant shall pay the cost. Tenant shall have the right during the Term to use all the office furniture and equipment located within the Premises as of the date hereof that is owned by Landlord, as more specifically described on Exhibit G (“Landlord’s Property”). Tenant shall accept Landlord’s Property in its “as is” condition as of the Lease Date and shall return all of Landlord’s Property located in the Premises as of the Lease Date to Landlord upon the expiration or earlier termination of this Lease in the same condition as received, ordinary wear and tear excepted; provided, however, Tenant shall have the right to remove the 3, 8-foot chemical fume hoods in the chemistry lab of the Premises (the “Existing Fume Hoods”) provided that (i) Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage to the Premises caused by the removal of the Existing Fume Hoods.

Appears in 1 contract

Samples: Lease Agreement (Fluidigm Corp)

Acceptance of Premises. Tenant has been in possession of, and conducting business in, the Current Premises under the Nodality Sublease and expects to be in possession of the Expansion Premises under the Poniard Sublease as of the Lease Date, and intends to continue conducting business in the Premises, without interruption, from and after the Lease Date. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for any defects in the Current Premises (whether latent or. patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Lease, Tenant accepts the Premises “as is”, in their condition as of the Lease Date, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements (as defined in Section 7 hereof). Tenant agrees and acknowledges that neither Landlord nor any agent representative of Landlord has made any representation or warranty with respect to the condition Premises, the Building or the Project or their respective suitability or fitness for any purpose, including without limitation any representations or warranties regarding the compliance of all or any portion Tenant's use of the Premises with the applicable zoning or regarding any other land use matters, and Tenant shall be solely responsible as to such matters. Further, neither Landlord nor any representative of Landlord has made any representations or warranties regarding (i) what other tenants or uses may be permitted or intended in the Building or the Project, and/or the suitability (ii) any exclusivity of the Premises or the Project for the conduct of Tenant’s business, and Tenant waives any implied warranty that the Premises or the Project are suitable for the Permitted Use. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein. Notwithstanding anything to the contrary in this Lease, Landlord agrees that (a) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during the Term of this Lease and the rights and obligations of Landlord and use by Tenant with respect to this Lease shall be governed by Section 18 or Section 19 of this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in the Work Letter), Landlord shall its permitted use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment of the Premises under as set forth in Item 3 of the Nodality Sublease and Basic Lease Provisions, or (iii) any construction of portions of the Poniard SubleaseProject not yet completed. Without limiting the foregoing, Tenant further acknowledges that neither Landlord agrees that it shall endeavor nor any representative of Landlord has agreed to schedule undertake any utility interruptions related alterations or additions or to construct any improvements to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in no event shall Landlord have any obligation to incur any additional or overtime costs to complete Landlord’s Work. Notwithstanding anything to the contrary contained herein, for the period of 60 consecutive days after (i) the Lease Date, as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shalland that the flooring materials which may be installed within portions of the Premises located on the ground floor of the Building may be limited by the moisture content of the Building slab and underlying soils. Tenant's lease of the Premises shall be on an "as is" basis, except that Landlord, at its sole cost and expense (which shall not constitute be reimbursable to Landlord as an Operating Expense)) and prior to the Commencement Date, shall construct a reception area in the main, entry area of the Premises and shall reconstruct the ground floor lobby of the Building to Landlord's multi-tenant standard lobby configuration, utilizing building standard finishes and materials, which lobby reconstruction shall be responsible for any repairs that are required in accordance with the plan attached as Exhibit A-2 hereto. As of the Commencement Date, Tenant shall be conclusively deemed to be made to have accepted the Premises and those portions of the Building and Building Systems serving the Premises, unless Tenant was responsible for the cause of such repair, Project in which case Tenant has any rights under this Lease, which acceptance shall pay the cost. Tenant shall have the right during the Term to use all the office furniture and equipment located within mean that it is conclusively established that the Premises as and those portions of the date hereof that is owned by Landlord, as more specifically described on Exhibit G (“Landlord’s Property”). Building and Project in which Tenant shall accept Landlord’s Property has any rights under this Lease were in its “as is” satisfactory condition as of and in conformity with the Lease Date and shall return all of Landlord’s Property located in the Premises as of the Lease Date to Landlord upon the expiration or earlier termination provisions of this Lease in the same condition as received, ordinary wear and tear excepted; provided, however, Tenant shall have the right to remove the 3, 8-foot chemical fume hoods in the chemistry lab of the Premises (the “Existing Fume Hoods”) provided that (i) Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage to the Premises caused by the removal of the Existing Fume HoodsLease.

Appears in 1 contract

Samples: Hireright Inc

Acceptance of Premises. Tenant has been in possession of, and conducting business in, the Current Premises under the Nodality Sublease and expects to be in possession of the Expansion Premises under the Poniard Sublease Except as of the Lease Date, and intends to continue conducting business in the Premises, without interruption, from and after the Lease Date. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for any defects in the Current Premises (whether latent or. patent) and, except as specifically set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Lease, Tenant accepts the Premises “as is”, in their condition as of the Lease Date, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements (as defined in Section 7 hereof). Tenant agrees and acknowledges that neither Landlord nor any agent representative of Landlord has made any representation or warranty with respect to the condition of all or any portion of the Premises or the Building or the suitability or fitness of either for any purpose, including, without limitation, any representations or warranties regarding zoning or other land use matters, and that neither Landlord nor any representative of Landlord has made any representations or warranties regarding (i) what other tenants or uses may be permitted or intended in the Building and the Project, and/or the suitability or (ii) any exclusivity of the Premises or the Project for the conduct of Tenant’s business, and Tenant waives any implied warranty that the Premises or the Project are suitable for the Permitted Use. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein. Notwithstanding anything to the contrary in this Lease, Landlord agrees that (a) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during the Term of this Lease and the rights and obligations of Landlord and use by Tenant with respect to this its permitted use of the Premises as set forth in Item 3 of the Basic Lease shall be governed by Section 18 Provisions. Tenant further acknowledges that neither Landlord nor any representative of Landlord has agreed to undertake any alterations or Section 19 of additions or construct any improvements to the Premises except as expressly provided in this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in The taking of possession or use of the Work Letter), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work Premises by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, purpose other than construction shall conclusively establish that the Premises and the Building were in satisfactory condition and in conformity with the provisions of this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such datein all respects, as so extended, the “Outside Delivery Date”), then except for: (i) Base Rent under this Lease those matters which Tenant shall xxxxx by one day for each day of delay in Substantial Completion of have brought to Landlord’s Work beyond the Outside Delivery Date 's attention on a written punch list and (ii) the Base Term Landlord's obligations under Section 2.5 hereof. The list shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees limited to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment of the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in no event shall Landlord have any obligation to incur any additional or overtime costs to complete Landlord’s Work. Notwithstanding anything to the contrary contained herein, for the period of 60 consecutive days after (i) the Lease Date, as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are items required to be made to accomplished by Landlord under the Building and Building Systems serving the PremisesWork Letter attached as Exhibit X, unless Tenant was responsible for the cause of such repair, in which case Tenant shall pay the cost. Tenant shall have the right during the Term to use all the office furniture and equipment located within the Premises as of the date hereof that is owned by Landlord, as more specifically described on Exhibit G (“Landlord’s Property”). Tenant shall accept Landlord’s Property in its “as is” condition as of the Lease Date and shall return all of Landlord’s Property located in the Premises as of the Lease Date be delivered to Landlord upon within sixty (60) days after the expiration or earlier termination term ("Term") of this Lease commences as provided in Article III below. Nothing contained in this Section shall affect the same condition as received, ordinary wear and tear excepted; provided, however, Tenant shall have the right to remove the 3, 8-foot chemical fume hoods in the chemistry lab commencement of the Premises Term or the obligation of Tenant to pay rent, or Landlord's covenants and agreements set forth elsewhere in this Lease or the repairs and services required of Landlord under this Lease. Landlord shall complete all punch list items of which it is notified as provided above within thirty (30) days following the “Existing Fume Hoods”) delivery of the punch list to Landlord; provided that Landlord shall diligently complete any punch list items which, despite Landlord's diligence, cannot be completed within said thirty (i30) Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage to the Premises caused by the removal of the Existing Fume Hoodsdays.

Appears in 1 contract

Samples: Lease (New Century Financial Corp)

Acceptance of Premises. Tenant has been in possession of, and conducting business in, the Current Premises under the Nodality Sublease and expects to be in possession of the Expansion Premises under the Poniard Sublease as of the Prior Lease Date, and intends to continue conducting business in the Premises, without interruption, from interruption between the Prior Lease Termination Date and after the Lease Commencement Date. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for any defects in the Current Premises (whether latent or. patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Lease, Tenant accepts the Premises “as is”, in their condition as of the Lease Commencement Date, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements (as defined in Section 7 hereof7) and Landlord’s repair and maintenance obligations under Section 13 and with respect to the exterior walls, roof structure (excluding the roof membrane) and the foundation. Further, since the Premises will not be empty and/or unoccupied at any time prior to the Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Premises in order to establish the condition of the Premises as of the Commencement Date, Landlord shall have no liability for any defects in the Premises (whether latent or patent). Nothing in the preceding sentence is intended to limit or reduce Landlord’s repair and maintenance obligations under Section 13 and with respect to the exterior walls, roof structure (excluding the roof membrane) and the foundation. Except for Landlord’s HVAC Work (as defined in Section 2(e)), the Roof Work (as defined in Section 2(f)), and any obligations under the Work Letter, Landlord shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Premises in order to prepare the Premises for Tenant’s use or occupancy. Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of all or any portion of the Premises or the Project, and/or the suitability of the Premises or the Project for the conduct of Tenant’s business, and Tenant waives any implied warranty that the Premises or the Project are suitable for the Permitted Use. Landlord Landlord, in executing this Lease Lease, does so in reliance upon Tenant’s representations, warranties, acknowledgments acknowledgments, and agreements contained herein. Notwithstanding anything to the contrary Nothing contained in this Lease, Landlord agrees that (a) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date paragraph is intended to limit or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore reduce Landlord’s Work. If the Poniard Lease obligations under Section 13 or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during the Term of this Lease and the rights and obligations of Landlord and make Tenant with respect to this Lease shall be governed by Section 18 or Section 19 of this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in the Work Letter), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment of the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in no event shall Landlord have any obligation to incur any additional or overtime costs to complete Landlord’s Work. Notwithstanding anything to the contrary contained herein, for the period of 60 consecutive days after (i) the Lease Date, as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are required to be made to the Building and Building Systems serving the Premises, unless Tenant was responsible for the cause of such repair, matters described as exclusions to Operating Expenses in which case Tenant shall pay the cost. Tenant shall have the right during the Term to use all the office furniture and equipment located within the Premises as of the date hereof that is owned by Landlord, as more specifically described on Exhibit G Section 5(a) - (“Landlord’s Property”x). Tenant shall accept Landlord’s Property in its “as is” condition as of the Lease Date and shall return all of Landlord’s Property located in the Premises as of the Lease Date to Landlord upon the expiration or earlier termination of this Lease in the same condition as received, ordinary wear and tear excepted; provided, however, Tenant shall have the right to remove the 3, 8-foot chemical fume hoods in the chemistry lab of the Premises (the “Existing Fume Hoods”) provided that (i) Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage to the Premises caused by the removal of the Existing Fume Hoods.

Appears in 1 contract

Samples: Lease Agreement (Amylin Pharmaceuticals Inc)

Acceptance of Premises. Tenant has been in possession of, and conducting business in, the Current Premises under the Nodality Sublease and expects to be in possession of the Expansion Premises under the Poniard Sublease as of the Lease Date, and intends to continue conducting business in the Premises, without interruption, from and after the Lease Date. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for any defects in the Current Premises (whether latent or. patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Lease, Tenant accepts the Premises “as is”, in their condition as of the Lease Date, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements (as defined in Section 7 hereof). Tenant agrees and acknowledges that neither Landlord landlord nor any agent representative of Landlord has made any representation or warranty with respect to the condition of all or any portion of the Premises or the Building or the suitability or fitness of either for any purpose, including without limitation any representations or warranties regarding zoning or other land use matters, and that neither Landlord nor any representative of Landlord has made any representations or warranties regarding (i) what other tenants or uses may be permitted or intended in the Building and the Project, and/or the suitability or (ii) any exclusivity of the Premises or the Project for the conduct of Tenant’s business, and Tenant waives any implied warranty that the Premises or the Project are suitable for the Permitted Use. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein. Notwithstanding anything to the contrary in this Lease, Landlord agrees that (a) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during the Term of this Lease and the rights and obligations of Landlord and use by Tenant with respect to this its permitted use of the Premises as set forth in Item 3 of the Basic Lease shall be governed by Section 18 Provisions. Tenant further acknowledges that neither Landlord nor any representative of Landlord has agreed to undertake any alterations or Section 19 of additions or construct any improvements to the Premises except as expressly provided in this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in The taking of possession or use of the Work Letter), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work Premises by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease purpose other than construction shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment of conclusively establish that the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting Building were in satisfactory condition and in conformity with the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in no event shall Landlord have any obligation to incur any additional or overtime costs to complete Landlord’s Work. Notwithstanding anything to the contrary contained herein, for the period of 60 consecutive days after (i) the Lease Date, as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are required to be made to the Building and Building Systems serving the Premises, unless Tenant was responsible for the cause of such repair, in which case Tenant shall pay the cost. Tenant shall have the right during the Term to use all the office furniture and equipment located within the Premises as of the date hereof that is owned by Landlord, as more specifically described on Exhibit G (“Landlord’s Property”). Tenant shall accept Landlord’s Property in its “as is” condition as of the Lease Date and shall return all of Landlord’s Property located in the Premises as of the Lease Date to Landlord upon the expiration or earlier termination provisions of this Lease in the same condition as receivedall respects, ordinary wear and tear excepted; provided, however, except for those matters which Tenant shall have brought to Landlord's attention on a written punch list. The list shall be limited to any items required to be accomplished by Landlord under the right Work Letter attached as EXHIBIT X, and shall be delivered to remove Landlord within thirty (30) days after the 3term ("Term") of this Lease commences as provided in Article III below. If no items are required of Landlord under the Work Letter, 8-foot chemical fume hoods in the chemistry lab by taking possession of the Premises (Tenant accepts the “Existing Fume Hoods”) provided that (i) Tenant removes improvements in their existing condition, and waives any right or claim against Landlord arising out of the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and condition of the Premises. Nothing contained in this Section shall affect the commencement of the Term or the obligation of Tenant to pay rent. Landlord shall diligently complete all punch list items of which it is notified as provided above. In addition to Landlord's obligations under the Work Letter attached hereto as EXHIBIT X, (ii) Tenant delivers Landlord warrants the Existing Fume Hoods to Landlord after removal good working order of the existing HVAC, plumbing, lighting, electrical, sewer and (iii) Tenant repairs any damage to life safety systems serving the Premises caused by for a period of thirty (30) days following the removal Commencement Date. In the event Tenant provides Landlord with written notice of any necessary repairs to such systems within such thirty (30) day period, Landlord shall promptly make such repairs as may be necessary to place the Existing Fume Hoodssystem in question in good working order.

Appears in 1 contract

Samples: Industrial Lease (Oculex Pharmaceuticals Inc /)

Acceptance of Premises. Tenant has been in possession ofinspected the premises, furnishings, and conducting business in, the Current Premises under the Nodality Sublease equipment and expects has found them to be satisfactory. All plumbing, heating and electrical systems are operative and deemed satisfactory. Care, Cleaning and Maintenance: Tenants agree to: (1) keep the premises and furniture, clean and sanitary and in possession good repair, and upon termination of the Expansion Premises under tenancy, to return the Poniard Sublease as premises to Landlord in a condition identical to that which existed when Tenant took occupancy, except for ordinary wear and tear; (2) immediately notify Landlord of any defects or dangerous conditions in and about the Lease Datepremises of which they become aware; and (3) reimburse Landlord, on demand by Landlord, for the cost of any repairs to the premises or furniture damaged by Tenant or their guests or invitees through misuse or neglect. This includes misuse that can lead to plumbing issues, broken or damaged furniture or windows. Landlord’s Access for inspection and intends to continue conducting business Emergency: Landlord (i.e. the property owner/manager or _____________________ {Landlord’s name} staff) may enter the premises in the Premisesevent of an emergency, without interruption, from and after the Lease Dateto make repairs or improvements. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for any defects in the Current Premises (whether latent orgive Tenants reasonable notice of intent to enter. patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) non-compliance with the Expansion Premises will not be empty and/or unoccupied at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability Landlord’s lawful request for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery entry is material breach of this Lease, Tenant accepts Agreement that may be cause for immediate termination as provided herein and by the Premises “as is”, in their condition as law. Prohibition of the Lease Date, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements (as defined in Section 7 hereof). Tenant agrees Assignment and acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of all or Subletting: Tenants shall not sublet any portion of the Premises premises or assign this Agreement without the Project, and/or the suitability prior written consent of the Premises or the Project for the conduct of Tenant’s business, and Tenant waives any implied warranty that the Premises or the Project are suitable for the Permitted UseLandlord. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein. Notwithstanding anything to the contrary in this Lease, Landlord agrees that (a) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during the Term of this Lease and the rights and obligations of Landlord and Tenant with respect to this Lease shall be governed by Section 18 or Section 19 of this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in the Work Letter), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord Xxxxxx agrees to use reasonable efforts the said premises solely for the purposes listed in section 3. Xxxxxx agrees to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s make no unlawful, improper or offensive use and enjoyment of the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in no event shall Landlord have any obligation to incur any additional or overtime costs to complete Landlord’s Work. Notwithstanding anything to the contrary contained herein, for the period of 60 consecutive days after (i) the Lease Date, as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are required to be made to the Building and Building Systems serving the Premises, unless Tenant was responsible for the cause of such repair, in which case Tenant shall pay the cost. Tenant shall have the right during the Term to use all the office furniture and equipment located within the Premises as of the date hereof that is owned by Landlord, as more specifically described on Exhibit G (“Landlord’s Property”). Tenant shall accept Landlord’s Property in its “as is” condition as of the Lease Date and shall return all of Landlord’s Property located in the Premises as of the Lease Date to Landlord upon the expiration or earlier termination of this Lease in the same condition as received, ordinary wear and tear excepted; provided, however, Tenant shall have the right to remove the 3, 8-foot chemical fume hoods in the chemistry lab of the Premises (the “Existing Fume Hoods”) provided that (i) Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage to the Premises caused by the removal of the Existing Fume Hoodspremises.

Appears in 1 contract

Samples: Agreement of Lease

Acceptance of Premises. By taking possession hereunder, Tenant acknowledges that it has been examined the Premises and accepts the Premises in possession ofits current, and conducting business in, “as-is” condition. Landlord makes no representations or warranties regarding the Current condition or state of the Premises under the Nodality Sublease and expects to be in upon Tenant taking possession of the Expansion Premises under the Poniard Sublease as space. By taking possession of the Lease Date, and intends to continue conducting business in the Premises, without interruption, from and after the Lease Date. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for any defects in the Current Premises (whether latent or. patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Lease, Tenant accepts the Premises “as is”, in their condition as of the Lease Date, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements (as defined in Section 7 hereof). Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of all or any portion of the Premises or the Project, and/or the suitability of the Premises or the Project for the conduct of Tenant’s business, and Tenant waives any implied warranty that the Premises or the Project are suitable for the Permitted Use. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein. Notwithstanding anything to the contrary in this Lease, Landlord agrees that (a) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during fully accepted the Term state and condition of the Premises in accordance with this Section. Tenant acknowledges and agrees that there are no agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs, or improvements. Landlord has no obligation to improve the Premises other than as set forth specifically in this Lease, if at all. In particular, Tenant acknowledges that any additional improvements or Alterations needed to accommodate Tenant’s intended use shall be made solely at Tenant’s sole cost and expense, and strictly in accordance with the requirements of this Lease (including the requirement to obtain Landlord’s consent thereto), unless such improvements and alterations are specifically required of Landlord. Landlord shall have no responsibility to do any work required under any building codes or other governmental requirements not in effect or applicable at the rights and obligations time the Premises were constructed, including without limitation any requirements related to sprinkler retrofitting, seismic structural requirements, accommodation of disabled persons, or hazardous materials. Landlord and Tenant with respect to this Lease shall be governed by Section 18 or Section 19 of this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in the Work Letter), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment of the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor no obligation to provide Tenant with utility, telephone or other service or access beyond that which exists at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in no event shall Landlord have any obligation to incur any additional or overtime costs to complete Landlord’s Work. Notwithstanding anything to the contrary contained herein, for the period of 60 consecutive days after (i) the Lease Date, as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are required to be made to the Building and Building Systems serving the Premises, unless Tenant was responsible for the cause of such repair, in which case Tenant shall pay the cost. Tenant shall have the right during the Term to use all the office furniture and equipment located within the Premises as of the date hereof of this Lease, unless Landlord specifically agrees in writing to provide the same. If it is anticipated that is owned Tenant will be doing any Alterations or installations prior to taking occupancy, any delays encountered by LandlordTenant in accomplishing such work or obtaining any required permits therefore shall not delay the Commencement Date or the date that Tenant becomes liable to pay rent, as more specifically described on Exhibit G (“Landlord’s Property”). Tenant shall accept Landlord’s Property in its “as is” condition as or the date that Landlord may effectively deliver possession of the Lease Date and shall return all Premises to Tenant. By taking possession hereunder, Tenant acknowledges that it accepts the square footage of Landlord’s Property located in the Premises as delivered and as stated in this Lease, No discovery or alleged discovery after such acceptance of any variance in such square footage as set forth in this Lease (or in any proposal, advertisement or other description thereof) shall be grounds for any adjustment in any element of the Lease Date to rent payable hereunder, unless such adjustment is initiated by and implemented by Landlord upon the expiration or earlier termination of this Lease in the same condition as received, ordinary wear and tear excepted; provided, however, Tenant shall have the right to remove the 3, 8-foot chemical fume hoods in the chemistry lab of the Premises (the “Existing Fume Hoods”) provided that (i) Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage to the Premises caused by the removal of the Existing Fume Hoodswriting.

Appears in 1 contract

Samples: Industrial Lease (Brooks Automation Inc)

Acceptance of Premises. Tenant has been in possession of, and conducting business in, the Current Premises under the Nodality Sublease and expects to be in possession of the Expansion Premises under the Poniard Sublease as of the Lease Date, and intends to continue conducting business in the Premises, without interruption, from and after the Lease Date. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior Subject to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for any defects in the Current Premises (whether latent or. patent) and, except as provisions set forth in the Work Letternext grammatical paragraph of this Paragraph 2.3, by taking possession of the Premises, Tenant shall be deemed to have no obligation accepted the Premises as being in good and sanitary order, condition and repair and to perform any work or to refurbish, finish, or otherwise alter have accepted the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the their condition of the Expansion Premises existing as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Lease, date Tenant accepts the Premises “as is”, in their condition as takes possession of the Lease Date, without any qualifications, restrictions, or limitationsPremises, subject to all applicable Legal Requirements (as defined laws, covenants, conditions, restrictions, easements and other matters of public record and the Rules and Regulations described in Section 7 hereof)Paragraph 47 below; provided, however, the foregoing shall not relieve Landlord from its express obligations under the terms of this Lease. Tenant agrees and acknowledges that that, except as may be expressly set forth in this Lease, neither Landlord nor any agent of Landlord has Landlord’s agents, employees, affiliates, or property manager have made any representation or warranty with respect (express or implied) as to the condition of all or any portion of the Premises or the Project, and/or the suitability of the Premises or the Project for the conduct of Tenant’s business, the condition of the Building or Premises, the compliance of the Premises with any codes, laws, ordinances, rules or regulations, or the use or occupancy which may be made thereof and Tenant waives any implied warranty has independently investigated and is satisfied that the Premises or the Project are suitable for the Permitted Use. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained hereinintended use. Notwithstanding anything Tenant shall be responsible for confirming that its use of the Premises is permitted under local zoning ordinances applicable to the contrary in this Lease, Landlord agrees that Premises (a) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during the Term of this Lease and the rights and obligations of Landlord and Tenant acknowledges that Landlord makes no representation or warranty with respect to this Lease shall be governed by Section 18 or Section 19 of this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in the Work Lettersame), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment of the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in no event shall Landlord have any obligation to incur any additional or overtime costs to complete Landlord’s Work. Notwithstanding anything to the contrary contained hereinin this Lease, for Landlord agrees to deliver possession of the period Premises to Tenant concurrently with the execution of 60 consecutive days after this Lease with the (i) Base Building mechanical, electrical, fire-life safety, plumbing, sprinkler and HVAC systems installed or furnished by Landlord serving the Lease DatePremises (collectively, as to the Current Premises “Building Systems”), and (ii) the Substantial Completion exterior walls, foundation, floor slabs, roof structure, columns, beams, shafts and stairwells, (collectively, the “Building Structure”) in good working order and repair. Landlord also agrees to deliver possession of Landlord’s Workthe Premises to Tenant concurrently with the execution of this Lease with the exterior windows, as ceilings, roof membrane, elevators, Base Building restrooms and all Common Areas of the Building in good working order and repair. In addition, Landlord hereby warrants the Building Systems serving the Premises and the roof of the Building against defects in workmanship and materials for a period of one (1) year following the Commencement Date. Tenant shall give written notice to Landlord if any defect in the Expansion PremisesBuilding Systems serving the Premises and/or the roof becomes reasonably apparent, provided, however, such notice of any defects in the Building Systems serving the Premises and/or the roof must be delivered to Landlord within one (1) year following the Commencement Date, and, provided such notice is timely given to Landlord by Tenant within such one (1) year period, Landlord shall, as Tenant’s sole and exclusive remedy for such defect(s), repair or replace, if necessary (as reasonably determined by Landlord), such defect(s) in the Building Systems and/or roof identified in Tenant’s notice as soon as practicable at its Landlord’s sole cost and expense (which shall not constitute and without pass through to Tenant as an Operating ExpenseExpense or otherwise). For avoidance of doubt, be responsible for the parties hereto agree that routine, preventative maintenance of any repairs that are required to be made to of the Building and Building Systems serving the Premises shall not be covered by Landlord’s one (1)-year warranty above, but replacement of any compressors, coils and/or fan motors comprising part of the heating, ventilation and air conditioning system serving the Premises, unless if necessary, shall be covered by Landlord’s one (1)-year warranty above. Anything herein to the contrary notwithstanding, the parties hereto agree that Landlord’s obligation to repair any defects in the Building Systems serving the Premises or the roof of the Building pursuant to the terms of this paragraph above shall not be applicable to any defects caused by the acts, omissions, negligence or willful misconduct or misuse of the Premises or Building, or applicable portion thereof, by Tenant was responsible or any of Tenant’s agents, employees, officers, directors, partners, members, managers, affiliates, contractors, subcontractors, guests, invitees, licensees, sublessees or other representatives. On March 29, 2018, Landlord, at Landlord’s sole expense, caused samples of indoor air in the Building to be taken for the cause purpose of determining the presence and concentration of chlorinated volatile organic compounds (CVOCs) trichloroethylene (TCE), tetrachloroethene (PCE), and vinyl chloride (VC). Sampling and testing was conducted using methods and protocols accepted by the California Department of Toxic Substances Control (DTSC) or California Occupational Safety and Health Agency (CalOSHA) for commercial or industrial exposures. Landlord has submitted the samples under chain of custody protocols to a State of California-certified laboratory for analysis. Promptly upon receipt from the laboratory, Landlord shall provide to Tenant copies of the certificates of analysis for all samples taken in accordance with this paragraph. With respect to such repairsamples referred to above, if the detected level of any CVOC referred to above is detected above the DTSC’s health-based screening levels for commercial land use, Landlord shall take appropriate monitoring and mitigation measures. Notwithstanding the foregoing, if the sampling for CVOC’s caused to be performed by Landlord as provided above show that no level of any CVOC is above the DTSC’s applicable health-based screening levels, Landlord shall not be required to perform any additional testing for CVOCs during the Term. Landlord represents for the benefit of Tenant that the Base Building Condition set forth in which case Tenant shall pay Schedule C-1 to the costImprovement Agreement is in compliance with all applicable Laws (as defined in Paragraph 6.1 below) as of the Delivery Date. Tenant shall have give written notice to Landlord within one (1) year following the right during Commencement Date if Tenant determines that any part of the Term Base Building Condition set forth in Schedule C-1 to use all the office furniture and equipment located within the Premises Improvement Agreement was not in compliance with applicable Laws as of the date hereof that Delivery Date. If such non-compliance notice is owned timely given to Landlord by Tenant within such one (1) year period, Landlord shall, as Tenant’s sole and exclusive remedy for such non-compliance, repair or replace, if necessary (as reasonably determined by Landlord), such non-compliance items in the Base Building Condition identified in Tenant’s notice as more specifically described on Exhibit G (“soon as practicable at Landlord’s Property”sole cost and expense (and without pass through to Tenant as an Operating Expense or otherwise). Tenant shall accept Anything herein to the contrary notwithstanding, the parties hereto agree that Landlord’s Property in its “as is” condition as of obligation to remedy or correct any non-compliance items with respect to the Lease Date and shall return all of Landlord’s Property located in Base Building Condition pursuant to the Premises as of the Lease Date to Landlord upon the expiration or earlier termination terms of this Lease in paragraph above shall not be applicable to any defects or non-compliance with applicable Laws caused by the same condition as receivedacts, ordinary wear and tear excepted; providedomissions, however, Tenant shall have the right to remove the 3, 8-foot chemical fume hoods in the chemistry lab negligence or willful misconduct or misuse of the Premises (or Building, or applicable portion thereof, by Tenant or any of Tenant’s agents, employees, officers, directors, partners, members, managers, affiliates, contractors, subcontractors, guests, invitees, licensees, sublessees or other representatives. Nothing set forth in the “Existing Fume Hoods”) provided that (i) Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the Premisestwo immediately preceding paragraphs shall excuse Landlord of any of its maintenance, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage to the Premises caused by the removal of the Existing Fume Hoodsrepair or replacements obligations under this Lease.

Appears in 1 contract

Samples: Improvement Agreement (Bloom Energy Corp)

Acceptance of Premises. Tenant has been in possession of, Except for such representations and conducting business in, the Current Premises under the Nodality Sublease and expects to warranties of Landlord as may be in possession of the Expansion Premises under the Poniard Sublease as of the Lease Date, and intends to continue conducting business in the Premises, without interruption, from and after the Lease Date. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for any defects in the Current Premises (whether latent or. patent) and, except as expressly set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Lease, Tenant accepts the Premises “as is”, in their condition as of the Lease Date, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements (as defined in Section 7 hereof). Tenant agrees and acknowledges that neither Landlord nor any agent representative of Landlord has made any representation or warranty with respect to the condition Premises, the Building or the Project. Neither Landlord nor any representative of all Landlord has made any representation or warranty regarding the suitability or fitness of the Premises, the Building or the Project for any portion of Tenant’s purposes, nor regarding the compliance of Tenant’s use of the Premises with the applicable zoning or regarding any other land use matters, and Tenant shall be solely responsible as to such matters. Further, neither Landlord nor any representative of Landlord has made any representations or warranties regarding (i) what other tenants or uses may be permitted or intended in the Building or the Project, and/or the suitability (ii) any exclusivity of the Premises or the Project for the conduct of Tenant’s business, and Tenant waives any implied warranty that the Premises or the Project are suitable for the Permitted Use. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein. Notwithstanding anything to the contrary in this Lease, Landlord agrees that (a) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during the Term of this Lease and the rights and obligations of Landlord and use by Tenant with respect to its permitted use of the Premises as set forth in Item 3 of the Basic Lease Provisions, or (iii) any construction of portions of the Project not yet completed. Tenant further acknowledges that neither Landlord nor any representative of Landlord has agreed to undertake any alterations or additions or construct any improvements to the Premises except as expressly provided in this Lease. As of the Early Occupancy Date, Tenant shall be conclusively deemed to have accepted the Premises and those portions of the Building and Project in which Tenant has any rights under this Lease, which acceptance shall mean that it is conclusively established that the Premises and those portions of the Building and Project in which Tenant has any rights under this Lease shall be governed by Section 18 or Section 19 were in satisfactory condition and in conformity with the provisions of this Lease, subject only to: (i) those defective or incomplete portions of the Tenant Improvements (“Tenant Improvements”) constructed by Landlord pursuant to the Work Letter attached hereto as applicable. Subject Exhibit X (“Work Letter”), which Tenant shall have itemized on a written punch list and delivered to delays resulting from Force Majeure and Tenant Delay Landlord within forty five (45) days after the Early Occupancy Date (as defined in the Work LetterSection 3.1), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day those portions of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment of the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in no event shall Landlord have any obligation to incur any additional or overtime costs to complete Landlord’s Work. Notwithstanding anything to the contrary contained herein, for the period of 60 consecutive days after (i) the Lease Date, as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are required to be made to the Building and Building Systems serving the PremisesProject which Landlord remains responsible to maintain, unless Tenant was responsible for repair and replace pursuant to the cause of such repair, in which case Tenant shall pay the cost. Tenant shall have the right during the Term to use all the office furniture and equipment located within the Premises as of the date hereof that is owned by Landlord, as more specifically described on Exhibit G (“Landlord’s Property”). Tenant shall accept Landlord’s Property in its “as is” condition as of the Lease Date and shall return all of Landlord’s Property located in the Premises as of the Lease Date to Landlord upon the expiration or earlier termination terms of this Lease (including, without limitation, Section 2.4 below). Landlord shall diligently complete all punch list items of which it is notified as provided above. Nothing contained in this Section shall affect the same condition as received, ordinary wear and tear excepted; provided, however, Tenant shall have the right to remove the 3, 8-foot chemical fume hoods in the chemistry lab commencement of the Premises (Term or the “Existing Fume Hoods”) provided that (i) obligation of Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage to the Premises caused by the removal of the Existing Fume Hoodspay rent.

Appears in 1 contract

Samples: Lease (AutoTrader Group, Inc.)

Acceptance of Premises. Prior to occupancy, Landlord and Tenant has been in possession of, and conducting business in, shall conduct a joint inspection of the Current Premises under the Nodality Sublease and expects during which they shall develop a mutually agreeable punchlist of items to be in completed by Landlord. Tenant may amend such punchlist up to thirty (30) days after Tenant takes possession of the Expansion Premises under the Poniard Sublease as Premises. Tenant's occupancy of the Lease DatePremises shall be deemed to constitute acceptance of the Premises and acknowledgment by Tenant that Landlord has fully complied with its obligations hereunder to construct and deliver the Premises to Tenant, except for the punchlist items, which shall be completed by Landlord within a reasonable time thereafter and intends to continue conducting except for latent defects, the existence of which Tenant gives Landlord notice within one (1) year following Tenant's opening for business in the Premises, without interruption, from and after the Lease Date. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement DateAfter first notifying Tenant by telephone, Landlord shall have no liability for any defects in the Current Premises (whether latent or. patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Lease, Tenant accepts the Premises “as is”, in their condition as of the Lease Date, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements (as defined in Section 7 hereof). Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of all or any portion of the Premises or the Project, and/or the suitability of the Premises or the Project for the conduct of Tenant’s business, and Tenant waives any implied warranty that the Premises or the Project are suitable for the Permitted Use. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein. Notwithstanding anything to the contrary in this Lease, Landlord agrees that (a) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during the Term of this Lease and the rights and obligations of Landlord and Tenant with respect to this Lease shall be governed by Section 18 or Section 19 of this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in the Work Letter), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment of the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in no event shall Landlord have any obligation to incur any additional or overtime costs to complete Landlord’s Work. Notwithstanding anything to the contrary contained herein, for the period of 60 consecutive days after (i) the Lease Date, as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are required to be made to the Building and Building Systems serving the Premises, unless Tenant was responsible for the cause of such repair, in which case Tenant shall pay the cost. Tenant shall have the right during the Term to use all the office furniture and equipment located within the Premises as of the date hereof that is owned by Landlord, as more specifically described on Exhibit G (“Landlord’s Property”). Tenant shall accept Landlord’s Property in its “as is” condition as of the Lease Date and shall return all of Landlord’s Property located in the Premises as of the Lease Date to Landlord upon the expiration or earlier termination of this Lease in the same condition as received, ordinary wear and tear excepted; provided, however, Tenant shall have the right to remove enter the 3Premises to complete or repair any such punchlist items and entry by Landlord, 8-foot chemical fume hoods its agents, employees or contractors for such purpose shall not constitute an actual or constructive eviction, in the chemistry lab whole or in part, or entitle Tenant to any abatement or diminution of rent or relieve Tenant of any of its obligations under this Lease, or impose any liability upon Landlord or its agents, employees or contractors. Landlord shall use its reasonable efforts to minimize any disruption to Tenant's business activities and normal use of the Premises Premises. If the Lease Commencement Date has not occurred within ninety (90) days following the “Existing Fume Hoods”) provided that (i) date set forth in Section 1.D.(2), subject to the provisions of Section 24 and except for delays caused solely by Tenant, Tenant removes the Existing Fume Hoods in a manner reasonably calculated may elect to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods terminate this Lease by giving written notice of such intent to Landlord within fifteen (15) days after removal said ninety-day period. Upon any termination as aforesaid, this Lease shall be of no further force and (iii) effect, and, following the return to Tenant repairs any damage of the Advance Rent and Security Deposit, if any, neither party shall be liable to the Premises caused by the removal other for damages of the Existing Fume Hoodsany type whatsoever on account of such termination.

Appears in 1 contract

Samples: Service Office Lease (Earthshell Container Corp)

Acceptance of Premises. Tenant has been in possession of, and conducting business in, shall accept the Current Premises under the Nodality Sublease and expects to be in possession of the Expansion Premises under the Poniard Sublease as of the Lease Date, and intends to continue conducting business in the Premises, without interruption, from and after the Lease Date. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for any defects in the Current Premises (whether latent or. patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Lease, Tenant accepts the Premises “as is”, in their its condition as of the Lease Commencement Date, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements (as defined in Section 7 hereof)laws, ordinances, regulations, covenants and restrictions. Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord has made any no representation or warranty with respect as to the condition of all or any portion of the Premises or the Project, and/or the suitability of the Premises or the Project for the conduct of Tenant’s business, and Tenant waives any implied warranty that the Premises or the Project are suitable for the Permitted Use. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained hereinintended purposes. Notwithstanding anything to the contrary in this Lease, Landlord agrees that (a) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (Except as hereinafter defined), such casualty or Taking shall be deemed to have occurred during the Term of this Lease and the rights and obligations of Landlord and Tenant with respect to this Lease shall be governed by Section 18 or Section 19 of this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in the Work Letter), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment of the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained hereinprovided herein otherwise, in no event shall Landlord have any obligation to incur for any additional defects in the Premises or overtime costs to complete Landlord’s Workany limitation on its use. Notwithstanding anything to the contrary contained herein, for the period of 60 consecutive No later than 10 days after (i) the Lease Datewritten demand is made by Landlord of Tenant, as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are required to be made to the Building and Building Systems serving the Premises, unless Tenant was responsible for the cause of such repair, in which case Tenant shall pay execute and deliver to Landlord a Commencement Date Certificate in the costform of Exhibit C attached to and made a part of this Lease. Tenant shall have the right during the Term to use all the office furniture and equipment located within the Premises acknowledges that as of the date hereof that is owned of this Lease, the Premises are occupied by Landlord, as more specifically described on Exhibit G an existing tenant (the Landlord’s PropertyExisting Tenant”). Tenant acknowledges and agrees that Landlord shall accept Landlord’s Property in its “as is” condition not deliver possession of the Premises to Tenant until Landlord has obtained lawful possession of the Premises from the Existing Tenant. Landlord represents and warrants that as of the Lease Commencement Date the Premises’ HVAC, electrical, plumbing, sprinkler, and shall return all other mechanical systems are in good working order and Landlord warrants such systems for a period of Landlord’s Property located in six (6) months from the Premises as of the Lease Date to Landlord upon the expiration or earlier termination of this Lease in the same condition as received, ordinary wear and tear exceptedCommencement Date; provided, however, that such warranty shall not be effective for any maintenance, repairs or replacements necessitated due to the misuse of, or damages caused by, Tenant, its employees, contractors, agents, subtenants, or invitees. Furthermore, Landlord represents and warrants that as of the Commencement Date the Premises shall be vacant and in broom clean condition. Notwithstanding any contrary term or provision contained herein, in the event Tenant has not received a grant or other financial assistance from the State of New Jersey (i.e. through the Grow New Jersey program) in an amount reasonably acceptable to Tenant on or before September 25, 2018 Tenant shall have the right to remove terminate this Lease upon written notice to Landlord on, or prior to September 30, 2018, in which event Landlord shall promptly return the 3, 8-foot chemical fume hoods in the chemistry lab of the Premises (the “Existing Fume Hoods”) provided that (i) Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods Security Deposit and the Premisesfirst month’s Base Rent, (ii) Taxes and Monthly Fixed Operating Expenses to Tenant, and after which neither Landlord nor Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs shall have any damage further obligations to the Premises caused by other hereunder. Tenant shall use commercially reasonable efforts to obtain a grant or other financial assistance from the removal State of the Existing Fume HoodsNew Jersey through September 25, 2018.

Appears in 1 contract

Samples: Lease Agreement (TheRealReal, Inc.)

Acceptance of Premises. Tenant has been examined the Premises and accepts them in possession of, and conducting business in, the Current Premises under the Nodality Sublease and expects “as is” condition. No representations or warranties as to be in possession of the Expansion Premises under the Poniard Sublease as of the Lease Date, and intends to continue conducting business in the Premises, without interruption, from and after the Lease Date. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as have been made by Landlord or its officers, agents or employees. Tenant is responsible for determining whether Tenant’s proposed use of the Current Premises Commencement Date, conforms to applicable zoning or building codes. Landlord shall have no liability to Tenant for any defects in the Current Premises (whether latent or. patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work damage or to refurbish, finish, or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish injury caused by the condition of the Expansion Premises as or for any latent defect in the Premises. All furnishings, appliances, fixtures, improvements, surface coverings, decoration and other contents of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancybe provided by Tenant at its own expense. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Lease, Tenant accepts the Premises “as is”, in their condition as of the Lease Date, without any qualifications, restrictions, or limitations, subject to any and all applicable Legal Requirements (as defined in Section 7 hereof). Tenant agrees existing permits, licenses, leases, easements, railroad facilities, pipelines, telephone, telegraph, communication, power and acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of all signal lines or any portion of the Premises or the Projectother similar facilities, and/or the suitability of the Premises or the Project for the conduct of together with any future installations thereof. Square Footage Tenant’s business, and Tenant waives any implied warranty that the Premises or the Project are suitable for the Permitted Use. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein. Notwithstanding anything to the contrary in this Lease, Landlord agrees that (a) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant signature to this Lease verifies the approximate square footage of the Premises. The Base Rent and shall not constitute a holdover any other charges assessable under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during the Term of this Lease and the rights and obligations of Landlord and Tenant with respect to this Lease shall be governed by Section 18 or Section 19 of this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in the Work Letter), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void adjusted by reason of any claimed variation in square footage by either party. Alterations and Additions Tenant shall not make or voidable. If Landlord fails allow to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such datemade any alterations, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees additions or improvements to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment or of the Premises under or any part thereof or its contents without first obtaining the Nodality Sublease and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance written consent of Landlord’s Work on weekends and shall endeavor . All alterations, additions or improvements to provide Tenant with at least 5 business days prior notice or of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in no event shall Landlord have any obligation to incur any additional or overtime costs to complete Landlord’s Work. Notwithstanding anything to the contrary contained herein, for the period of 60 consecutive days after (i) the Lease Date, as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are required to be made to the Building and Building Systems serving the Premises, unless Tenant was responsible for including, but not limited to, wall covering, paneling, built-in cabinet work, but excepting movable furniture and trade fixtures shall at once become a part of the cause of such repairrealty and belong to Landlord and shall be surrendered with the Premises. Any authorized alterations, in which case additions or improvements to the Premises by Tenant shall pay the costbe made by Tenant at Tenant’s own expense. Tenant shall have the right during the Term to use all the office furniture and equipment located within the Premises as of the date hereof that is owned by Landlord, as more specifically described on Exhibit G (“Landlord’s Property”). Tenant shall accept Landlord’s Property in its “as is” condition as of the Lease Date and shall return all of Landlord’s Property located in the Premises as of the Lease Date to Landlord upon the Upon expiration or earlier termination of this Lease in the same condition as received, ordinary wear and tear excepted; provided, howeverat Tenant’s own expense, Tenant shall have the right remove all alterations, additions or improvements made by Tenant and designated by Landlord to remove the 3be removed, 8-foot chemical fume hoods in the chemistry lab of the Premises (the “Existing Fume Hoods”) provided that (i) Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs shall repair any damage to the Premises damages caused by the removal of the Existing Fume Hoodsremoval.

Appears in 1 contract

Samples: Land Lease Agreement

Acceptance of Premises. Tenant has been shall accept the Premises on the Commencement Date in possession ofits “as- is” condition, subject to all applicable laws, ordinances, regulations, covenants and restrictions, and conducting business in, the Current Premises under the Nodality Sublease and expects to be in possession of the Expansion Premises under the Poniard Sublease as of the Lease Date, and intends to continue conducting business in the Premises, without interruption, from and after the Lease Date. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for any defects in the Current Premises (whether latent or. patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability pay for any defects in the Expansion Premises (whether latent repair or patent) andother work therein, except as set forth in otherwise expressly provided by the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery terms of this Lease, . Tenant accepts shall cause the Premises “as is”, in their condition as of the Lease Date, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements Tenant Improvements (as defined in Section 7 hereof). the Tenant agrees and acknowledges that neither Landlord nor any agent Work Letter attached hereto as Exhibit C) to be installed within the Premises in accordance with the terms of Exhibit C. Landlord has made any no representation or warranty with respect as to the condition of all or any portion of the Premises or the Project, and/or the suitability of the Premises or the Project for the conduct of Tenant’s business, and Tenant waives any implied warranty that the Premises or are suitable for Tenant’s intended purposes. Tenant acknowledges that (a) it has inspected and accepts the Project Premises in an “As-Is, Where-Is” condition, (b) the Building and improvements in the Premises are suitable for the Permitted Use. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein. Notwithstanding anything to the contrary in this Lease, Landlord agrees that (a) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in purpose for which the Premises are leased and Landlord has made no warranty, representation, covenant, or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during the Term of this Lease and the rights and obligations of Landlord and Tenant agreement with respect to this Lease shall be governed by Section 18 the merchantability or Section 19 of this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in the Work Letter), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Date, Landlord shall not be liable to Tenant fitness for any loss particular purpose of the Premises, (c) the Premises are in good and satisfactory condition, (d) no representations as to the repair of the Premises, nor promises to alter, remodel or damage resulting therefromimprove the Premises have been made by Landlord, and this Lease shall not be void (e) there are no representations or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such datewarranties, as so extendedexpressed, the “Outside Delivery Date”)implied or statutory, then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work that extend beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment description of the Premises under the Nodality Sublease and the Poniard SubleasePremises. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained hereinExcept as provided in Paragraph 10, in no event shall Landlord have any obligation to incur for any additional defects in the Premises or overtime costs to complete Landlord’s Workany limitation on its use. The taking of possession of the Premises shall be conclusive evidence that Tenant accepts the Premises and that the Premises were in good condition at the time possession was taken. Notwithstanding anything to the contrary contained provided for herein, for the period of 60 consecutive days after (i) the Lease Date, as Landlord shall use commercially reasonable efforts to provide Tenant with access to the Current Premises and to complete the Tenant Improvements within five (ii5) the Substantial Completion of Landlord’s Work, as business days subsequent to the Expansion Premises, execution and delivery of this Lease by Landlord shall, at its sole cost and expense Tenant (which shall not constitute an Operating Expense), be responsible for any repairs that are required to be made to the Building and Building Systems serving the Premises, unless Tenant was responsible for the cause of such repair, in which case Tenant shall pay the cost. Tenant shall have the right during the Term to use all the office furniture and equipment located within the Premises as of the date hereof that is owned by Landlord, as more specifically described on Exhibit G (Landlord’s PropertyDelivery Date”). Tenant Any early occupancy or presence at the Premises prior to Substantial Completion shall accept Landlord’s Property in its “as is” condition as be subject to all terms and conditions of the Lease Date Lease, except Base Rent and Operating Expenses shall return all of Landlord’s Property located in the Premises as of the Lease Date to Landlord upon the expiration or earlier termination of this Lease in the same condition as received, ordinary wear and tear excepted; provided, however, Tenant shall have the right to remove the 3, 8-foot chemical fume hoods in the chemistry lab of the Premises (the “Existing Fume Hoods”) provided that (i) Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage to the Premises caused by the removal of the Existing Fume Hoodsnot be charged during such early occupancy.

Appears in 1 contract

Samples: Lease Agreement (Gores Holdings VIII Inc.)

Acceptance of Premises. Tenant has been in possession ofReplace Paragraph 2.4 with the following: Lessor warrants that, and conducting business in, the Current Premises under the Nodality Sublease and expects to be in possession of the Expansion Premises under the Poniard Sublease as of the Lease Date, and intends to continue conducting business in the Premises, without interruption, from and after the Lease Date. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for deferred maintenance is required to be performed on any defects in the Current Premises (whether latent or. patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Dateelectrical, Landlord shall have no liability for any defects in the Expansion Premises (whether latent plumbing or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Lease, Tenant accepts the Premises “as is”, in their condition as of the Lease Date, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements (as defined in Section 7 hereof). Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of all or any portion of the Premises or the Project, and/or the suitability of the Premises or the Project for the conduct of Tenant’s business, and Tenant waives any implied warranty that the Premises or the Project are suitable for the Permitted Use. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein. Notwithstanding anything to the contrary in this Lease, Landlord agrees that (a) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations mechanical systems in the Premises or to remove or restore Landlord’s Workand that such systems are in good working order. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during the Term of this Lease and the rights and obligations of Landlord and Tenant with respect to this Lease shall be governed by Section 18 or Section 19 of this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in the Work Letter), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment of the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in no event shall Landlord have any obligation to incur any additional or overtime costs to complete Landlord’s Work. Notwithstanding anything to the contrary contained herein, for the period of 60 consecutive days after (i) the Lease Date, as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are required to be made to the Building and Building Systems serving the Premises, unless Tenant was responsible for the cause of such repair, in which case Tenant shall pay the cost. Tenant shall have the right during the Term to use all the office furniture and equipment located within the Premises as of the date hereof that is owned by Landlord, as more specifically described on Exhibit G (“Landlord’s Property”). Tenant shall accept Landlord’s Property in its “as is” condition as of the Lease Date and shall return all of Landlord’s Property located in the Premises as of the Lease Date to Landlord upon the expiration or earlier termination of this Lease in the same condition as received, ordinary wear and tear excepted; provided, however, Tenant Lessee shall have the right to remove notify Lessor of any such deferred maintenance of or required repairs to the 3electrical, 8-foot chemical fume hoods plumbing and mechanical systems within sixty (60) days following the Commencement Date and Lessor shall be responsible for performance thereof or repairs thereto within fifteen (15) days following Lessee's timely delivery to Lessor of such notice. Lessee shall, at Lessee's sole cost and expense, comply with all of the requirements of municipal, county, state, federal and other applicable governmental authorities now in force, or which may hereafter be in force, pertaining to Lessee's business operations in the chemistry lab Premises, including, without limitation, the costs and expenses of compliance of Lessee's alterations, additions or improvements to the Premises with all requirements of applicable governmental authorities, and Lessee shall secure any necessary permits therefor and shall faithfully observe, in the Lessee's business operations in the Premises, all municipal, county, state, federal and other applicable governmental entities' requirements which are now in force, or which may hereafter be in force. Without limiting the generality of the foregoing sentence, Lessor agrees that Lessor shall be responsible for making alterations to the Premises which Lessor is required to maintain or repair if such alterations are required by changes in the law after the Term Commencement Date, and are not required as a result of (i) Lessee's particular manner of occupancy or business operations in the Premises, or (ii) any alterations, additions or improvements made by Lessee to the Premises (including, without limitation, the installation of Lessee's trade fixtures, equipment and furnishings in the Premises). Lessee shall pay for all costs and expenses of any alterations required as a result of (i) Lessee's particular manner of occupancy or business operations in the Premises, or (ii) any alterations, additions or improvements made by Lessee to the Premises (including, without limitation, the installation of Lessee's trade fixtures, equipment and furnishings in the Premises. Lessor warrants that the offices, rooms, structures and surrounding common areas owned by Lessor, including all parking lots, walkways, entrances, hallways and other public spaces, elevators, and other devices or pathways for ingress and exit to the Premises, that might be used by customers, clients, invitees of Lessee and the general public, conform to all the requirements of the American with Disabilities Act and all regulations issued by the U.S. Attorney General or other authorized agencies under the authorization of the Americans with Disabilities Act. The Lessor promises to reimburse and indemnify and defend the Lessee for any expenses incurred because of the failure of the Premises (the “Existing Fume Hoods”) provided that (i) Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the PremisesCommon Areas to conform with the above cited law and regulations, (ii) Tenant delivers including the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs costs of making any damage to the Premises caused alterations, renovations, or accommodations required by the removal American with Disabilities Act, or any governmental enforcement agency, or any court, any and all fines, civil penalties, and damages awarded against the Lessee resulting from violations of the Existing Fume Hoodsabove cited law and regulations, and all reasonable legal expenses incurred in defending claims made under the above cited law and regulations, including reasonable attorney's fees.

Appears in 1 contract

Samples: Nuvasive Inc

Acceptance of Premises. Tenant has been in possession of, and conducting business in, shall accept the Current Premises under the Nodality Sublease and expects to be in possession of the Expansion Premises under the Poniard Sublease as of the Lease Date, and intends to continue conducting business in the Premises, without interruption, from and after the Lease Date. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for any defects in the Current Premises (whether latent or. patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Lease, Tenant accepts the Premises “as is”, in their its condition as of the Lease Commencement Date, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements (as defined in Section 7 hereof). Tenant agrees laws, ordinances, regulations, covenants and acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty restrictions, and subject to Landlord’s obligations with respect to the condition of all Premises as expressly set forth in Addendum 4 and Paragraph 3 below. Landlord has made no representation or any portion of the Premises or the Project, and/or warranty as to the suitability of the Premises or the Project for the conduct of Tenant’s business, and Tenant waives any implied warranty that the Premises or the Project are suitable for the Permitted Use. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained hereinintended purposes. Notwithstanding anything to the contrary in this Lease, Landlord agrees that (a) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during the Term of this Lease and the rights and obligations of Landlord and Tenant with respect to this Lease shall be governed by Section 18 or Section 19 of this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in the Work Letter), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment of the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in In no event shall Landlord have any obligation to incur for any additional defects in the Premises or overtime costs to complete any limitation on its use. The taking of possession of the Premises shall be conclusive evidence that Tenant accepts the Premises and that the Premises were in good condition at the time possession was taken except for items that are Landlord’s Workresponsibility under Paragraph 10 and any punchlist items agreed to in writing by Landlord and Tenant. Notwithstanding anything No later than 10 days after written demand is made therefor by Landlord of Tenant, Tenant shall execute and deliver to Landlord a Commencement Date Certificate in the form of Exhibit C attached to and hereby made a part of this Lease. Subject to the contrary contained hereinvacation of the Premises by the existing tenant, if any, Landlord shall allow Tenant access to the Premises upon vacation of the Premises by the existing tenant, if any, for purposes of preparing the Premises for the commencement of Tenant’s normal business operations, subject to applicable ordinances and building codes governing Tenant’s right to occupy or perform in the Premises (“Early Occupancy”). During such Early Occupancy period of 60 consecutive days after (i) prior to the Lease Commencement Date, as Tenant shall be bound by its obligations under the Lease, including the obligation to the Current Premises and (ii) the Substantial Completion provide evidence of Landlord’s Workinsurance, as to the Expansion Premises, Landlord shall, at its sole cost and expense (which but shall not constitute an be obligated to pay the Monthly Base Rent or Operating Expense), Expenses payable by Tenant to Landlord as set forth in the Lease. Tenant shall be responsible for any repairs that are required to be made to the Building and Building Systems serving the Premises, unless Tenant was responsible for the cause of such repair, in which case Tenant shall pay the cost. Tenant shall have the right utilities during the Term to use all the office furniture and equipment located within the Premises as of the date hereof that is owned by Landlord, as more specifically described on Exhibit G (“Landlord’s Property”). Tenant shall accept Landlord’s Property in its “as is” condition as of the Lease Date and shall return all of Landlord’s Property located in the Premises as of the Lease Date to Landlord upon the expiration or earlier termination of this Lease in the same condition as received, ordinary wear and tear excepted; provided, however, Tenant shall have the right to remove the 3, 8-foot chemical fume hoods in the chemistry lab of the Premises (the “Existing Fume Hoods”) provided that (i) Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage to the Premises caused by the removal of the Existing Fume HoodsEarly Occupancy.

Appears in 1 contract

Samples: Lease Agreement (Sphere 3D Corp)

Acceptance of Premises. Tenant has been in possession of, and conducting business in, the Current Premises under the Nodality Sublease and expects to be in The taking of possession of the Expansion Premises under by Tenant at the Poniard Sublease Commencement Date shall be conclusive evidence as against the Tenant that Tenant accepts the same "as is" subject to the satisfaction of the Lease DatePunch List Items, and intends that the Premises and the Building were in good and satisfactory condition for the use intended at the time such possession was taken. Neither Landlord nor Landlord's agents have made any representations or promises with respect to continue conducting business in the physical condition of the Building or the Premises, without interruptionthe rents, from and after the Lease Date. Furtherleases, since (i) the Current Premises will not be empty and/or unoccupied at expenses of operation, or any time prior other matter or thing affecting or relating to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for any defects in the Current Premises (whether latent or. patent) and, 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 Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Lease, Tenant accepts the Premises “as is”, in their condition as of the Lease Date, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements (as defined in Section 7 hereof). Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of all or any portion of the Premises or the Project, and/or the suitability of the Premises or the Project for the conduct of Tenant’s business, and Tenant waives any implied warranty that the Premises or the Project are suitable for the Permitted Use. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein. Notwithstanding anything to the contrary in this Lease, Landlord agrees that (a) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during the Term provisions of this Lease and the rights and obligations Building Option Agreement executed between the parties of even date herewith more particularly described in Exhibit I ("The Building Option Agreement"). Landlord and Tenant shall execute a memorandum of the Building Option Agreement in recordable form which may at Tenant's sole option be recorded in the official records of Hillsborough County, Florida at Tenant's expense. Tenant will inspect the Premises and sign an Acceptance of Premises on the Commencement Date and be thoroughly acquainted with respect the condition of the Premises. Unless expressly stated herein to this Lease shall be governed by Section 18 the contrary, Landlord has no obligation to repair, improve, or Section 19 of this Lease, as applicable. Subject add to delays resulting from Force Majeure the Premises prior to Tenant's occupancy thereof and Tenant Delay (as defined in the Work Letter), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment of the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in no event shall Landlord have any obligation to incur any additional or overtime costs to complete Landlord’s Work. Notwithstanding anything to the contrary contained herein, for the period of 60 consecutive days after (i) the Lease Date, as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense)expenses and in compliance with the provisions of Paragraph 7(b) hereof, be responsible for any repairs changes, alterations, repairs, or decorations to the Premises prior to its occupancy thereof. Landlord agrees that are required it will cause the general contractor to furnish a payment and performance bond with a multi obligee rider in favor of Tenant, Landlord and the lender who is providing financing for improvements to be made to the Building and Building Systems serving the Premises, unless Tenant was responsible for the cause of such repair, in which case Tenant shall pay the cost. Tenant shall have the right during the Term to use all the office furniture and equipment located within the Premises as of the date hereof that is owned by Landlord, as more specifically described constructed on Exhibit G (“Landlord’s Property”). Tenant shall accept Landlord’s Property in its “as is” condition as of the Lease Date and shall return all of Landlord’s Property located in the Premises as of the Lease Date to Landlord upon the expiration or earlier termination of this Lease in the same condition as received, ordinary wear and tear excepted; provided, however, Tenant shall have the right to remove the 3, 8-foot chemical fume hoods in the chemistry lab of the Premises (the “Existing Fume Hoods”) provided that (i) Tenant removes the Existing Fume Hoods "Lender"), a surety in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage an amount acceptable to the lender. Landlord shall negotiate all warranties and assign to Tenant at the Commencement Date all warranties that are assignable with respect to any improvements located on the Premises caused by including but not limited to the removal Building. During the construction of the Existing Fume HoodsBuilding, Landlord shall comply with the building codes, regulations and laws in existence in the municipality, county and/or state which has jurisdiction over Landlord's work.

Appears in 1 contract

Samples: Lease Agreement (Consumers Us Inc)

Acceptance of Premises. Tenant has been Except as expressly provided in possession of, and conducting business in, the Current Premises under the Nodality Sublease and expects to be in possession of the Expansion Premises under the Poniard Sublease as of the Lease Date, and intends to continue conducting business in the Premises, without interruption, from and after the Lease Date. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for any defects in the Current Premises (whether latent or. patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Lease, Tenant accepts shall accept the Premises in its as is”AS IS, in their WHERE IS AND WITH ALL FAULTS” condition as of the Lease Commencement Date, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements (as defined in Section 7 hereof)laws, ordinances, regulations, covenants and restrictions. Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord has made any no representation or warranty with respect as to the condition of all or any portion of the Premises or the Project, and/or the suitability of the Premises or the Project for the conduct of Tenant’s business, and Tenant waives any implied warranty that the Premises or the Project are suitable for the Permitted Use. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained hereinintended purposes. Notwithstanding anything to the contrary in this Lease, Landlord agrees that (a) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during the Term of this Lease and the rights and obligations of Landlord and Tenant with respect to this Lease shall be governed by Section 18 or Section 19 of this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in the Work Letter), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment of the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in In no event shall Landlord have any obligation for any defects in the Premises or any limitation on its use. The taking of possession of the Premises (other than pursuant to incur any additional or overtime costs to complete the Early Occupancy Period) shall be conclusive evidence that Tenant accepts the Premises and that the Premises were in good condition at the time possession was taken except for items that are Landlord’s Workresponsibility under Paragraph 10 and any punch list items agreed to in writing by Landlord and Tenant. Notwithstanding anything No later than 10 days after written demand is made therefor by Landlord of Tenant (which demand shall not be made prior to the contrary contained herein, for the period of 60 consecutive days after (i) the Lease Commencement Date, as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are required to be made to the Building and Building Systems serving the Premises, unless Tenant was responsible for the cause of such repair, in which case Tenant shall pay execute and deliver to Landlord a Commencement Date Certificate in the costform of Exhibit D attached to and hereby made a part of this Lease. Tenant shall have the right during the Term to use all the office furniture Landlord represents and equipment located within the Premises warrants that, as of the date hereof Commencement Date, no written notice has been received by Landlord of non-compliance with any Legal Requirements in connection with the Premises. Landlord warrants that is owned by Landlordthe mechanical, as more specifically described on Exhibit G (“Landlord’s Property”). Tenant shall accept Landlord’s Property electrical, plumbing, heating, ventilating and air conditioning will be in its “as is” condition as of the Lease Date good working order and shall return all of Landlord’s Property located in the Premises as of and the Lease Date to Landlord upon Building shall be structurally sound and water tight on the expiration or earlier termination of this Lease in the same condition as received, ordinary wear and tear exceptedCommencement Date; provided, however, that such warranty shall not be effective for any maintenance, repairs or replacements necessitated due to the misuse of, or damages caused by, Tenant, its employees, contractors, agents, subtenants, or invitees. Subject to mutual execution of this Lease, Tenant’s payment of total monies due upon execution and Tenant’s delivery of the L-C required under Paragraph 5 below and the certificates evidencing the insurance required under Paragraph 10 below (collectively, the “Preliminary Conditions”), Landlord shall allow Tenant shall have access to the right Premises, no earlier than fifteen (15) days prior to remove the 3Commencement Date (the “Early Occupancy Period”), 8-foot chemical fume hoods solely for the purpose of installing Tenant’s furniture, fixtures and equipment in the chemistry lab Premises. Prior to the Early Occupancy Period, but subject to satisfaction of the Preliminary Conditions, Landlord shall additionally permit Tenant to visit the Premises (along with its architects, space planners and designers) for design and planning purposes only, upon not less than twenty-four (24) prior written notice (which notice may be sent by email to Rxxx Xxxxxx at Newport Venture Capital at rxxxxxx@xxxxxxxxx.xxx). In connection with the “Existing Fume Hoods”) provided that (i) Exxx Occupancy Period and any Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage access to the Premises prior to the Commencement Date permitted under this paragraph, Tenant shall use commercially reasonable efforts not to interfere with the completion of construction of the Initial Improvements (as defined in Addendum 3) or cause any labor dispute as a result of such installations, and Tenant hereby agrees to indemnify, defend, and hold Landlord harmless from any loss or damage to such property, and all liability, loss, or damage arising from any injury to the Premises or the property of Landlord, its contractors, subcontractors, or materialmen, and any death or personal injury to any person or persons arising out of such installations, unless any such loss, damage, liability, death, or personal injury was caused by Landlord’s (or its employees’) negligence or willful misconduct. During the removal of Early Occupancy Period and any early Tenant access occurring prior to the Existing Fume HoodsCommencement Date, Tenant shall be bound by its obligations under this Lease, but shall not be obligated to pay Base Rent or Operating Expenses payable by Tenant to Landlord as set forth in this Lease.

Appears in 1 contract

Samples: Lease Agreement (Atlas Crest Investment Corp.)

Acceptance of Premises. Except as otherwise expressly provided herein, Tenant has been in possession of, and conducting business in, shall accept the Current Premises under the Nodality Sublease and expects to be in possession of the Expansion Premises under the Poniard Sublease as of the Lease Date, and intends to continue conducting business in the Premises, without interruption, from and after the Lease Date. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for any defects in the Current Premises (whether latent or. patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Lease, Tenant accepts the Premises “as is”, in their its condition as of the Lease Commencement Date, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements (laws, ordinances, regulations, covenants and restrictions. Except as defined in Section 7 hereof). Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord otherwise expressly provided herein, landlord has made any no representation or warranty with respect as to the condition of all or any portion of the Premises or the Project, and/or the suitability of the Premises or the Project for the conduct of Tenant’s business, and Tenant waives any implied warranty that the Premises or the Project are suitable for the Permitted Use. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained hereinintended purposes. Notwithstanding anything to the contrary Except as otherwise expressly provided in this Lease, Landlord agrees that (a) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during the Term of this Lease and the rights and obligations of Landlord and Tenant with respect to this Lease shall be governed by Section 18 or Section 19 of this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in the Work Letter), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment of the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained hereinlease, in no event shall Landlord have any obligation to incur for any additional or overtime costs to complete limitation on the use of the Premises. The taking of possession of the Premises shall be conclusive evidence that the Premises were in good condition at the time possession was taken except for items that are Landlord’s Workresponsibility under this Lease. Notwithstanding anything to the contrary contained herein, for the period of 60 consecutive No later than 10 days after (i) the Lease Datewritten demand is made therefor by landlord of Tenant, as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are required to be made to the Building and Building Systems serving the Premises, unless Tenant was responsible for the cause of such repair, in which case Tenant shall pay execute and deliver to landlord a Commencement Date Certificate in the costform of Exhibit C attached to and hereby made a part of this Lease. Tenant shall have the right during the Term to use all the office furniture and equipment located within the Premises hereby acknowledges that as of the date hereof that is owned of this Lease, the Premises are occupied by Landlord, as more specifically described on Exhibit G an existing tenant (the Landlord’s PropertyExisting Tenant”). Tenant hereby acknowledges and agrees that Landlord shall accept Landlord’s Property not deliver possession of the Premises to Tenant until Landlord has obtained lawful possession of the Premises from the Existing Tenant. The lease of the Premises to the Existing Tenant expires on June 30, 2015. In the event the Existing Tenant does not vacate the Premises on or before the Commencement Date as provided above, then the Commencement Date of this Lease shall be extended on a per diem basis for every day of delay beyond the Commencement Date until such date as Landlord does obtain lawful possession of the Premises from the Existing Tenant. Notwithstanding the foregoing, in its “the event landlord is unable to deliver possession of the Premises by December 1, 2015, excluding any delays resulting from a Tenant Delay (as is” condition defined in Addendum 4), then Tenant may terminate this Lease by giving notice to Landlord no later than December 5, 2015. Notwithstanding anything contained herein to the contrary, landlord represents and warrants that as of the Lease Date date of this Lease, landlord has not received notice of any non-compliance with the Legal Requirements. Landlord represents and shall return all of Landlord’s Property located in the Premises warrants that as of the Lease Commencement Date to Landlord upon the expiration or earlier termination of this Lease all Building systems, features and equipment shall be in the same condition as received, ordinary wear good operating order and tear excepted; provided, however, Tenant shall have the right to remove the 3, 8-foot chemical fume hoods in the chemistry lab of the Premises (the “Existing Fume Hoods”) provided that (i) Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage to the Premises caused by the removal of the Existing Fume Hoodscondition.

Appears in 1 contract

Samples: Lease Agreement (ArcLight Clean Transition Corp.)

Acceptance of Premises. Tenant has been Subject to Landlord’s obligation to deliver the Premises in possession ofthe Delivery Condition with the Initial Improvements detailed on Exhibit H Substantially Completed, and conducting business in, the Current Premises under the Nodality Sublease Landlord’s express repair and expects to be in possession of the Expansion Premises under the Poniard Sublease as of the Lease Date, and intends to continue conducting business in the Premises, without interruption, from and after the Lease Date. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for any defects in the Current Premises (whether latent or. patent) and, except as maintenance obligations set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Lease, Tenant accepts shall accept the Premises “as is”, in their its condition as of the Lease Commencement Date, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements (as defined in Section 7 hereof)laws, ordinances, regulations, covenants and restrictions. Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord has made any no representation or warranty with respect as to the condition of all or any portion of the Premises or the Project, and/or the suitability of the Premises or the Project for the conduct of Tenant’s 's business, and Tenant waives any implied warranty that the Premises or the Project are suitable for the Permitted UseTenant's intended purposes. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein. Notwithstanding anything to the contrary in this Lease, Landlord agrees that (a) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (Except as hereinafter defined), such casualty or Taking shall be deemed to have occurred during the Term of this Lease and the rights and obligations of Landlord and Tenant with respect to this Lease shall be governed by Section 18 or Section 19 of this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in the Work Letter), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment of the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained hereinprovided herein otherwise, in no event shall Landlord have any obligation to incur for any additional defects in the Premises or overtime costs to complete Landlord’s Workany limitation on its use. Notwithstanding anything to the contrary contained herein, for the period of 60 consecutive No later than 10 days after (i) the Lease Datewritten demand is made by Landlord of Tenant, as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are required to be made to the Building and Building Systems serving the Premises, unless Tenant was responsible for the cause of such repair, in which case Tenant shall pay execute and deliver to Landlord a Commencement Date Certificate in the costform of Exhibit C attached to and made a part of this Lease. [***] Tenant shall have the right during the Term to use all the office furniture and equipment located within the Premises acknowledges that as of the date hereof that is owned of this Lease, the Premises are occupied by Landlord, as more specifically described on Exhibit G an existing tenant (the Landlord’s PropertyExisting Tenant”). Tenant acknowledges and agrees that Landlord shall accept Landlord’s Property in its “as is” condition not deliver possession of the Premises to Tenant until Landlord has obtained lawful possession of the Premises from the Existing Tenant. Landlord represents and warrants that as of the Lease Commencement Date the Premises’ HVAC, electrical, plumbing, sprinkler, and shall return all other mechanical systems are in good working order and Landlord warrants such systems for a period of Landlord’s Property located in twelve (12) months from the Premises as of the Lease Date to Landlord upon the expiration or earlier termination of this Lease in the same condition as received, ordinary wear and tear exceptedCommencement Date; provided, however, that such warranty shall not be effective for any maintenance, repairs or replacements necessitated due to the misuse of, or damages caused by, Tenant, its employees, contractors, agents, subtenants, or invitees. Furthermore, Landlord shall deliver the Premises to Tenant shall have as of the right Commencement Date vacant and in broom clean condition, with any existing signage, furniture and fixtures removed, and with all Initial Improvements described on Exhibit H attached hereto Substantially Completed (collectively, the “Delivery Condition”). [***] Subject to remove the 3, 8-foot chemical fume hoods in the chemistry lab vacation of the Premises (by the “Existing Fume Hoods”) provided that (i) existing tenant, if any, Landlord shall allow Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage access to the Premises caused upon vacation of the Premises by the removal existing tenant, if any, for purposes of preparing the Existing Fume HoodsPremises for the commencement of Tenant’s normal business operations, subject to applicable ordinances and building codes governing Tenant’s right to occupy or perform in the Premises (“Early Occupancy”). During such Early Occupancy period prior to the Commencement Date, Tenant shall be bound by its obligations under the Lease, including the obligation to provide evidence of insurance, but shall not be obligated to pay the Monthly Base Rent or Operating Expenses payable by Tenant to Landlord as set forth in the Lease. Landlord shall reasonably cooperate, at no additional charge to Tenant but at no cost to Landlord, to the extent Landlord’s cooperation or participation is required in Tenant’s efforts to receive a grant or other financial assistance from the City of Phoenix, Arizona and/or the State of Arizona in an amount reasonably acceptable to Tenant.

Appears in 1 contract

Samples: Lease Agreement (TheRealReal, Inc.)

Acceptance of Premises. By taking possession hereunder, Txxxxx acknowledges that it has examined the Premises and accepts the condition thereof. Txxxxx acknowledges and agrees that Lxxxxxxx has no obligation to improve the Premises other than as set forth specifically in this Lease, if at all. In particular, Tenant has been in possession ofacknowledges that any additional improvements or alterations needed to accommodate Txxxxx's intended use shall be made solely at Tenant's sole cost and expense, and conducting business instrictly in accordance with the requirements of this Lease (including the requirement to obtain Landlord's consent thereto), the Current Premises under the Nodality Sublease unless such improvements and expects to be in possession alterations are specifically required of the Expansion Premises under the Poniard Sublease as of the Lease Date, and intends to continue conducting business in the Premises, without interruption, from and after the Lease DateLandlord. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for responsibility to do any defects work required under any building codes or other governmental requirements not in effect or applicable at the Current time the Premises (whether latent orwere constructed, including without limitation any requirements related to sprinkler retrofitting, seismic structural requirements, accommodation of disabled persons, or hazardous materials. patent) and, except as set forth in the Work Letter, Landlord shall have be under no obligation to perform any work provide utility, telephone or to refurbish, finish, other service or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied access beyond that which exists at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Lease, Tenant accepts the Premises “as is”, in their condition as of the Lease Date, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements (as defined in Section 7 hereof). Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of all or any portion of the Premises or the Project, and/or the suitability of the Premises or the Project for the conduct of Tenant’s business, and Tenant waives any implied warranty that the Premises or the Project are suitable for the Permitted Use. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein. Notwithstanding anything to the contrary in this Lease, Landlord agrees that (a) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during the Term of this Lease and the rights and obligations of Landlord and Tenant with respect to this Lease shall be governed by Section 18 or Section 19 of this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in the Work Letter), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment of the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in no event shall Landlord have any obligation to incur any additional or overtime costs to complete Landlord’s Work. Notwithstanding anything to the contrary contained herein, for the period of 60 consecutive days after (i) the Lease Date, as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are required to be made to the Building and Building Systems serving the Premises, unless Tenant was responsible for the cause of such repair, in which case Tenant shall pay the cost. Tenant shall have the right during the Term to use all the office furniture and equipment located within the Premises as of the date hereof of this Lease, unless Lxxxxxxx specifically agrees in writing to provide the same. If it is anticipated that is owned Tenant will be doing any Alterations or installations prior to taking occupancy, any delays encountered by LandlordTenant in accomplishing such work or obtaining any required permits therefor shall not delay the Commencement Date or the date that Tenant becomes liable to pay rent, as more specifically described on Exhibit G (“Landlord’s Property”). Tenant shall accept Landlord’s Property in its “as is” condition as or the date that Landlord may effectively deliver possession of the Lease Date and shall return all Premises to Tenant. By taking possession hereunder, Txxxxx acknowledges that it accepts the square footage of Landlord’s Property located in the Premises as delivered and as stated in this Lease. No discovery or alleged discovery after such acceptance of any variance in such square footage as set forth in this Lease (or in any proposal, advertisement or other description thereof) shall be grounds for any adjustment in any component of the Lease Date to Landlord upon the expiration or earlier termination of this Lease in the same condition as receivedrent payable hereunder, ordinary wear unless such adjustment is initiated by and tear excepted; provided, however, Tenant shall have the right to remove the 3, 8-foot chemical fume hoods in the chemistry lab of the Premises (the “Existing Fume Hoods”) provided that (i) Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage to the Premises caused implemented by the removal of the Existing Fume Hoods.Landlord. 12.2

Appears in 1 contract

Samples: Aethlon Medical Inc

Acceptance of Premises. At any time during the construction of the Tenant has been in possession ofImprovements, Tenant may reject any Work that does not conform to the Plans and conducting business in, the Current Premises under the Nodality Sublease and expects Specifications. Within ( ) days after Landlord delivers to Tenant a list of Work items remaining to be in possession done or corrected and notifies Tenant that the Tenant Improvements are ready for inspection by Xxxxxx's Representative pursuant to Article 8 of the Expansion Premises under the Poniard Sublease as of the Lease Date, and intends to continue conducting business in the Premises, without interruption, from and after the Lease Date. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for any defects in the Current Premises (whether latent or. patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Lease, Tenant accepts shall deliver to Landlord a list of items that Tenant shall have reasonably determined that Landlord must complete or correct prior to Tenant's acceptance of possession in order for the Premises “as is”, in their condition as of the Lease Date, without any qualifications, restrictions, or limitations, subject Work to all applicable Legal Requirements (as defined in Section 7 hereof). Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect conform to the condition of all or any portion of the Premises or the Project, and/or the suitability of the Premises or the Project for the conduct of Tenant’s business, Plans and Tenant waives any implied warranty that the Premises or the Project are suitable for the Permitted Usespecifications. Landlord in executing this Lease does so in reliance upon Tenant’s representationsshall immediately commence to complete or correct the items listed by Xxxxxx, warranties, acknowledgments and agreements contained herein. Notwithstanding anything to the contrary in this Lease, Landlord agrees that (a) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall except those it contends are not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Workjustified. If Xxxxxx fails to deliver such a list within the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined)( ) day period, such casualty or Taking Tenant shall be deemed to have occurred during accepted the Term Premises subject to completion of this Lease and the rights and obligations corrections on Landlord's list of corrections and, other than as provided for in Article 8 of the Lease, to have approved the construction. Failure of Landlord and Tenant with respect to this Lease shall be governed by Section 18 or Section 19 of this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in agree on the Work Letter), Landlord shall use reasonable efforts to cause Landlord’s Work items to be Substantially Complete (as defined in the Work Lettercorrected or completed within ( ) on or before the date which is 56 days after Tenant delivers its list of items shall entitle Tenant to initiate arbitration to be conducted pursuant to the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by Construction Industry Arbitration Rules of the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefromAmerican Arbitration Association, and this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by judgment upon the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment award of the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule arbitrator(s) may be entered in any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in no event shall Landlord have any obligation to incur any additional or overtime costs to complete Landlord’s Work. Notwithstanding anything to the contrary contained herein, for the period of 60 consecutive days after (i) the Lease Date, as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are required to be made to the Building and Building Systems serving the Premises, unless Tenant was responsible for the cause of such repair, in which case Tenant shall pay the cost. Tenant shall have the right during the Term to use all the office furniture and equipment located within the Premises as of the date hereof that is owned by Landlord, as more specifically described on Exhibit G (“Landlord’s Property”). Tenant shall accept Landlord’s Property in its “as is” condition as of the Lease Date and shall return all of Landlord’s Property located in the Premises as of the Lease Date to Landlord upon the expiration or earlier termination of this Lease in the same condition as received, ordinary wear and tear excepted; provided, however, Tenant shall have the right to remove the 3, 8-foot chemical fume hoods in the chemistry lab of the Premises (the “Existing Fume Hoods”) provided that (i) Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage to the Premises caused by the removal of the Existing Fume Hoodscourt having jurisdiction.

Appears in 1 contract

Samples: Work Agreement

Acceptance of Premises. Landlord and Tenant has been in possession of, and conducting business in, the Current Premises under the Nodality Sublease and expects to be in possession of the Expansion Premises under the Poniard Sublease as of the Lease Date, and intends to continue conducting business in the Premises, without interruption, from and after the Lease Date. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for any defects in the Current Premises (whether latent or. patent) and, except hereby agree that Landlord's Work as set forth in the Work LetterSection I of Exhibit C shall be constructed by Landlord's contractor, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Current Premises in order to prepare the Current Premises for Xxxxx Construction Inc. Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition 's acceptance of the Expansion Premises as shall be deferred until Landlord informs Tenant of the Expansion Premises Commencement Datesubstantial completion of Landlord's Work or Tenant occupies the Premises, whichever occurs first. Substantial completion shall mean the date certified by Landlord's architect when construction is sufficiently complete, in accordance with Section I of Exhibit C. If no Tenant Improvements are to be constructed by Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in Section I of Exhibit C, then Tenant shall accept the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare its "as-is" condition upon the Expansion Premises for Tenant’s use or occupancyEffective Date. As a result, as conclusively evidenced by Tenant’s execution and delivery Within ten (10) days ("Inspection Period") after the date Landlord informs Tenant of this Leasesuch substantial completion, Tenant accepts the Premises “as is”, in their condition as of the Lease Date, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements (as defined in Section 7 hereof). Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of all or any portion shall make such inspection of the Premises or as Tenant deems appropriate. Except as otherwise specified by Tenant in writing to Landlord within the ProjectInspection Period, and/or the suitability of the Premises or the Project for the conduct of Tenant’s business, and Tenant waives any implied warranty that the Premises or the Project are suitable for the Permitted Use. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein. Notwithstanding anything to the contrary in this Lease, Landlord agrees that (a) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during accepted the Term of this Lease Premises in its condition and the rights and obligations of Landlord and Tenant with respect to this Lease shall be governed by Section 18 or Section 19 of this Leaseexcept for latent defects, as applicableof such date of substantial completion. Subject to delays resulting from Force Majeure and If, as a result of such inspection, Tenant Delay discovers items of Landlord's Work of a nature commonly found on a "punch list" (as defined such term is commonly used in the Work Letterconstruction industry), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined which it reasonably believes are not completed in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day accordance with Section I of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment of the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in no event shall Landlord have any obligation to incur any additional or overtime costs to complete Landlord’s Work. Notwithstanding anything to the contrary contained herein, for the period of 60 consecutive days after (i) the Lease Date, as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are required to be made to the Building and Building Systems serving the Premises, unless Tenant was responsible for the cause of such repair, in which case Tenant shall pay the cost. Tenant shall have the right during the Term to use all the office furniture and equipment located within the Premises as of the date hereof that is owned by Landlord, as more specifically described on Exhibit G (“Landlord’s Property”). Tenant shall accept Landlord’s Property in its “as is” condition as of the Lease Date and shall return all of Landlord’s Property located in the Premises as of the Lease Date to Landlord upon the expiration or earlier termination of this Lease in the same condition as received, ordinary wear and tear excepted; provided, howeverC, Tenant shall have notify Landlord of such items prior to the right to remove the 3, 8-foot chemical fume hoods in the chemistry lab expiration of the Premises (Inspection Period. Landlord shall promptly complete repair of all punch list items identified in Tenant's notice, which it reasonably believes require repair. The existence of such punch list items shall not postpone the “Existing Fume Hoods”) provided that (i) Commencement Date or the obligation of Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage to the Premises caused by the removal of the Existing Fume Hoodspay Base Rent or Additional Rent.

Appears in 1 contract

Samples: Office Lease Agreement (Dwango North America Corp)

Acceptance of Premises. Tenant has been in possession of, and conducting business in, the Current Premises under the Nodality Sublease and expects to be in By taking possession of the Expansion Premises, Tenant shall be deemed to have accepted the Premises under as being in good and sanitary order, condition and repair and to have accepted the Poniard Sublease Premises in their condition existing as of the Lease Date, and intends to continue conducting business in date Tenant takes possession of the Premises, without interruption, from and after the Lease Date. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for any defects in the Current Premises (whether latent or. patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Lease, Tenant accepts the Premises “as is”, in their condition as of the Lease Date, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements laws, covenants, conditions, restrictions, easements and other matters of public record and the reasonable rules and regulations from time to time promulgated by Landlord (and non-discriminatorily applied) governing the use of the Premises and Common Area, and further, to have accepted tenant improvements to be constructed by Landlord (if any) as defined being completed in Section 7 hereof)accordance with the plans and specifications for such improvements, subject only to completion of items on Landlord's punch list. Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord has Landlord's agents have made any representation or warranty with respect as to the suitability of the Premises for the conduct of Tenant's business, the condition of the Premises, or the use or occupancy which may be made thereof and Tenant has independently investigated and is satisfied that the Premises are suitable for Tenant's intended use and that the Premises meets all governmental requirements for such intended use. In addition, except for such improvements as may be included in Exhibit C, Landlord makes no representation or any portion warranty as to the compliance of the Premises or the Project, and/or Common Area with the suitability requirements of the Premises or the Project for the conduct of Tenant’s business, and Tenant waives any implied warranty that the Premises or the Project are suitable for the Permitted Use. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein. Notwithstanding anything to the contrary in this Lease, Landlord agrees that (a) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during the Term of this Lease and the rights and obligations of Landlord and Tenant with respect to this Lease shall be governed by Section 18 or Section 19 of this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in the Work Letter), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment of the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in no event shall Landlord have any obligation to incur any additional or overtime costs to complete Landlord’s WorkADA. Notwithstanding anything to the contrary contained hereinin this Lease, for Tenant's acceptance of the period Premises or submission of 60 consecutive days after (i) the Lease Date, as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense (which a "punchlist" shall not constitute an Operating Expense)be deemed a waiver of Tenant's right to have defects in the improvements constructed by Landlord pursuant to Paragraph 2.2 or in the Premises repaired at no cost to Tenant. Tenant shall give notice to Landlord whenever any such defect becomes reasonably apparent, be responsible for any repairs that are required and Landlord shall repair the defect as soon as practicable. Landlord also hereby assigns to be made Tenant all warranties with respect to the Building and Building Systems serving the Premises, unless including warranties that would reduce Tenant's maintenance obligations under this Lease, and shall cooperate with Tenant was responsible for to enforce such warranties. Finally, notwithstanding anything to the cause of such repaircontrary contained in this Lease, in which case Tenant shall pay the cost. Tenant shall have the right during the Term to use all the office furniture and equipment located within the Premises as of the date hereof that is owned by LandlordCommencement Date, as more specifically described on Exhibit G the roof (“Landlord’s Property”including roof screens and membrane). Tenant shall accept Landlord’s Property in its “as is” condition as of the Lease Date , plumbing, electrical (including all outlets), heating and shall return all of Landlord’s Property located air conditioning systems in the Premises as shall be in good working order and repair. Tenant and Landlord acknowledge that Tenant is in possession of the Lease Date to space under a prior written lease agreement which has been terminated between Landlord upon the expiration or earlier termination of this Lease in the same condition as received, ordinary wear and tear excepted; provided, however, Tenant shall have the right to remove the 3, 8-foot chemical fume hoods in the chemistry lab of the Premises (the “Existing Fume Hoods”) provided that (i) Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage to the Premises caused by the removal of the Existing Fume HoodsTenant.

Appears in 1 contract

Samples: Net Lease Agreement (Laserscope)

Acceptance of Premises. Tenant has been in possession ofIf Landlord is required to make any improvements to the Premises, such items shall be listed on Exhibit B as Landlord’s Work, and conducting business in, the Current Premises under the Nodality Sublease and expects Tenant agrees to be in accept possession of the Expansion Premises under the Poniard Sublease as upon substantial completion of the Lease Date, and intends to continue conducting business in the Premises, without interruption, from and after the Lease Date. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for any defects in the Current Premises (whether latent or. patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Lease, Tenant accepts the Premises “as is”, in their condition as of the Lease Date, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements (as defined in Section 7 hereof). Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of all or any portion of the Premises or the Project, and/or the suitability of the Premises or the Project for the conduct of Tenant’s business, and Tenant waives any implied warranty that the Premises or the Project are suitable for the Permitted Use. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein. Notwithstanding anything to the contrary in this Lease, Landlord agrees that (a) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If Landlord is not required to make any Bay Tech Gross Office Lease Dance Biopharm, Inc. improvements to the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined)Premises, such casualty or Taking Tenant shall be deemed to have occurred during the Term of this Lease and the rights and obligations of Landlord and Tenant with respect to this Lease shall be governed by Section 18 or Section 19 of this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in the Work Letter), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment accept possession of the Premises under on the Nodality Sublease and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, Commencement Date specified in no event shall Landlord have any obligation to incur any additional or overtime costs to complete Landlord’s Work. Notwithstanding anything to the contrary contained herein, for the period of 60 consecutive days after (i) the Lease Date, as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are required to be made to the Building and Building Systems serving the Premises, unless Tenant was responsible for the cause of such repair, in which case Tenant shall pay the cost. Tenant shall have the right during the Term to use all the office furniture and equipment located within the Premises as of the date hereof that is owned by Landlord, as more specifically described on Exhibit G (“Landlord’s Property”). Tenant shall accept Landlord’s Property Article 1 in its “as is” condition condition, subject to delay as of the Lease Date and shall return all of Landlord’s Property located specified in Article 4.5 above. Landlord is not required to make any changes or improvements to the Premises except as of the Lease Date specifically set forth in Exhibit B to Landlord upon the expiration or earlier termination of this Lease in the same condition as received, ordinary wear and tear excepted; provided, however, Lease. Tenant shall have the right to remove the 3, 8-foot chemical fume hoods in the chemistry lab of the Premises (the “Existing Fume Hoods”) provided acknowledges that (i) Tenant removes Landlord makes no warranties or representations regarding the Existing Fume Hoods in a manner reasonably calculated physical condition of the Premises or its compliance with building codes, rules, laws or ordinances; (ii) it has had the opportunity to avoid damage to both the Existing Fume Hoods and inspect the Premises, (ii) Tenant delivers including the Existing Fume Hoods roof and structural components of the building in which the Premises are located, and the electrical plumbing and HVAC systems serving the Premises, and to Landlord after removal hire experts to conduct such inspections on its behalf; and (iii) Tenant repairs any damage to is leasing the Premises caused by the removal based on its own inspection of the Existing Fume HoodsPremises and those of its agents, and is not relying on any representations or warranties of the Landlord regarding the physical condition of the Premises. Tenant’s taking of possession of the Premises shall be deemed to be an acceptance by Tenant of the condition of the Premises and an acceptance of any work of improvement done by Landlord as substantially complete and in accordance with the terms of this Lease and shall constitute conclusive evidence that the Premises were, as of that date, in good, clean and tenantable condition, except as to any “punch list” items for work required to be performed by Landlord under this Lease, which “punch list” items are specifically set forth in a written notice by Tenant delivered to Landlord within ten days after the Commencement Date. Landlord shall correct said items to Tenant’s reasonable satisfaction within 30 days after receipt of said notice (unless an item cannot reasonably be corrected within such period, in which event Landlord shall commence correction within the 30-day period and diligently pursue it to completion), and there shall be no reduction in or set-off against any Rent due hereunder by reason of said items. Tenant acknowledges that the Leasable Area of the Premises as specified in Article 1 is an estimate and that Landlord does not warrant the exact Leasable Area of the Premises. By taking possession of the Premises, Tenant accepts the Leasable Area of the Premises as that specified in Article 1.

Appears in 1 contract

Samples: Lease Agreement (Dance Biopharm, Inc.)

Acceptance of Premises. Tenant acknowledges that it has been in possession ofinspected the Expansion Premises, knows the condition thereof, and conducting business inaccepts such Expansion Premises, and specifically the Current buildings and improvements comprising the same, in their present condition, as suitable for the purposes for which the Expansion Premises under are leased. Taking of possession by Tenant shall be deemed conclusively to establish that said buildings and other improvements are in good and satisfactory condition as of when possession was taken. Tenant further acknowledges that no representations as to the Nodality Sublease repair of the Expansion Premises, nor promises to alter, remodel or improve the Expansion Premises have been made by Landlord. Landlord makes no representations about the condition of the Building and/or the Expansion Premises. Landlord is not liable for any defects to the Building and/or the Expansion Premises, whether such defects are patent or latent, and expects makes no warranties as to be the condition of the Expansion Premises. Notwithstanding anything else mentioned in this lease, if this lease is executed before the Expansion Premises become vacant or otherwise available and ready for occupancy, or if any present tenant or occupant of the Expansion Premises holds over, or fails to vacate the Expansion Premises when estimated by Landlord, and Landlord cannot, using good faith efforts, acquire possession of the Expansion Premises under the Poniard Sublease as of the Lease Date, and intends to continue conducting business in the Premises, without interruption, from and after the Lease Date. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises date above recited as the Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for any defects in the Current Premises (whether latent or. patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Lease, Tenant accepts the Premises “as is”, in their condition as of the Lease Date, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements (as defined in Section 7 hereof). Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of all or any portion of the Premises or the Project, and/or the suitability of the Premises or the Project for the conduct of Tenant’s business, and Tenant waives any implied warranty that the Premises or the Project are suitable for the Permitted Use. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein. Notwithstanding anything to the contrary in this Lease, Landlord agrees that (a) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during the Term of this Lease and the rights and obligations of Landlord and Tenant with respect to this Lease shall be governed by Section 18 or Section 19 of this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in the Work Letter), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Datelease, Landlord shall not be deemed to be in default hereunder, nor in any way liable to Tenant for any loss or damage resulting therefrombecause of such failure, and this Lease shall not be void or voidable. If Tenant agrees to accept possession of the Expansion Premises at such time as Landlord fails is able to Substantially Complete Landlord’s Work by tender the date which is 70 days after the Lease Date (same, which date shall thenceforth be deemed the "Commencement Date"; and the term of this lease shall automatically be extended so as to include the full number of months herein before provided for, except that if the commencement date is other than the first day of calendar month, such term shall also be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day remainder of delay the calendar month in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Datewhich possession is tendered. Landlord agrees hereby waives payment of rent covering any period prior to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment such tendering of possession. After the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in no event shall Landlord have any obligation to incur any additional or overtime costs to complete Landlord’s Work. Notwithstanding anything to the contrary contained herein, for the period of 60 consecutive days after (i) the Lease Commencement Date, as Tenant shall, upon Landlord: ___________ Tenant:___________ FIRST AMENDMENT TO LEASE AGREEMENT BETWEEN REGENT HOLDING CORPORATION, A FLORIDA CORPORATION, ("LANDLORD") AND NETSPEAK CORPORATION, A FLORIDA CORPORATION, ("TENANT") FOR PREMISES LOCATED AT 902 XXXXX XXXXX ROAD, SUITES 104/106, XXXX XXXXX, XXXXXXX 00000 (CONTINUED) demand, execute and deliver to the Current Premises and (ii) the Substantial Completion Landlord a letter of Landlord’s Work, as to acceptance of delivery of the Expansion Premises, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are required to be made to the Building and Building Systems serving the Premises, unless Tenant was responsible for the cause of such repair, in which case Tenant shall pay the cost. Tenant shall have the right during the Term to use all the office furniture and equipment located within the Premises as of the date hereof that is owned by Landlord, as more specifically described on Exhibit G (“Landlord’s Property”). Tenant shall accept Landlord’s Property in its “as is” condition as of the Lease Date and shall return all of Landlord’s Property located in the Premises as of the Lease Date to Landlord upon the expiration or earlier termination of this Lease in the same condition as received, ordinary wear and tear excepted; provided, however, Tenant shall have the right to remove the 3, 8-foot chemical fume hoods in the chemistry lab of the Premises (the “Existing Fume Hoods”) provided that (i) Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage to the Premises caused by the removal of the Existing Fume Hoods.

Appears in 1 contract

Samples: Lease Agreement (Netspeak Corp)

Acceptance of Premises. Except to the extent that Landlord has expressly agreed in this Lease to perform certain tenant improvement work in the Premises and except as otherwise provided for in Article 5.5, Tenant has been shall be deemed to have accepted the Premises on the Lease Commencement Date in possession oftheir "as is" condition. Landlord warrants and represents that all mechanical systems (including plumbing sprinklers, heating, ventilation and conducting business in, the Current Premises under the Nodality Sublease air conditioning systems) are in good operating condition and expects to be in possession of the Expansion Premises under the Poniard Sublease repair as of the Lease Commencement Date, and intends . If tenant improvements are to continue conducting business be constructed by Landlord in the Premises, without interruption, from Premises the acceptance of the Premises by Tenant shall be deferred until receipt by the Tenant of an architect's certificate of readiness certifying that the Premises are ready for occupancy and the granting to Landlord of all approvals necessary to obtain a certificate of occupancy. Within five (5) days after the Lease Date. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition architect gives such notice Tenant shall make such inspection of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for any defects in the Current Premises (whether latent or. patent) Tenant deems appropriate and, except as set forth otherwise notified by Tenant in the Work Letter, shall have no obligation writing to perform any work or to refurbish, finish, or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Leasewithin such period, Tenant accepts shall be deemed to have accepted the Premises “as is”, in their condition as of the Lease Date, without any qualifications, restrictions, date of the architect's certificate. If as a result of such inspection Tenant discovers minor deviations or limitations, subject to all applicable Legal Requirements variations from the plans and specifications for Tenant's improvements of a nature commonly found on a "punch list" (as defined that term is used in Section 7 hereofthe construction industry), Tenant shall promptly notify Landlord of such deviations. Tenant agrees and acknowledges that neither Landlord nor any agent The existence of Landlord has made any representation or warranty with respect to such punch list items shall not postpone the condition of all or any portion of the Premises or the Project, and/or the suitability of the Premises or the Project for the conduct of Tenant’s business, and Tenant waives any implied warranty that the Premises or the Project are suitable for the Permitted Use. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein. Notwithstanding anything to the contrary in this Lease, Landlord agrees that (a) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during the Term of this Lease and nor the rights and obligations obligation of Landlord and Tenant with respect to this Lease shall be governed by Section 18 pay Rent, additional rent or Section 19 of any other charges due under this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in the Work Letter), Landlord shall use reasonable its best efforts to cause Landlord’s Work complete any punch list items on the list of items submitted by Tenant to be Substantially Complete Landlord within thirty (as defined in 30) days following Tenants submission of such list. In the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If event Landlord fails to complete Landlord’s Work by the Target Completion Date, any such punch list items within said thirty (30) day period Tenant shall provide Landlord with written notice of its Failure to do so. Landlord shall not be liable have fifteen ( 15) days after receipt of such notice to complete the punch list items identified by Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord if it fails to Substantially Complete Landlord’s Work by do so in such fifteen ( 15) day period Tenant may complete such punch list items at its expense and bill Landlord for the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Datesame. Landlord agrees to use reimburse Texxxx for all such reasonable efforts cost submitted within thirty (30) days of receiving legitimate invoices from Tenant. Landlord and Tenant hereby agree to perform Landlord’s Work execute a Declaration substantially in a manner which does not unreasonably interfere with Tenant’s use and enjoyment of the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor form attached hereto as Exhibit B. to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in no event shall Landlord have any obligation to incur any additional or overtime costs to complete Landlord’s Work. Notwithstanding anything to the contrary contained herein, for the period of 60 consecutive days after (i) confirm the Lease Commencement Date, as . Failure to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense (which execute said Declaration shall not constitute an Operating Expense), be responsible for any repairs that are required to be made to affect the Building and Building Systems serving the Premises, unless Tenant was responsible for the cause of such repair, in which case Tenant shall pay the cost. Tenant shall have the right during the Term to use all the office furniture and equipment located within the Premises as of the date hereof that is owned by Landlord, as more specifically described on Exhibit G (“Landlord’s Property”). Tenant shall accept Landlord’s Property in its “as is” condition as commencement or expiration of the Lease Date and shall return all of Landlord’s Property located in the Premises as of the Lease Date to Landlord upon the expiration or earlier termination of this Lease in the same condition as received, ordinary wear and tear excepted; provided, however, Tenant shall have the right to remove the 3, 8-foot chemical fume hoods in the chemistry lab of the Premises (the “Existing Fume Hoods”) provided that (i) Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage to the Premises caused by the removal of the Existing Fume HoodsTerm.

Appears in 1 contract

Samples: Ace Comm Corp

Acceptance of Premises. By taking possession hereunder, Tenant acknowledges that it has been examined the Premises and accepts the condition thereof. Tenant acknowledges and agrees that Landlord has no obligation to improve the Premises other than as set forth specifically in possession ofthis Lease, if at all. In particular, Tenant acknowledges that any additional improvements or alterations needed to accommodate Tenant's intended use shall be made solely at Tenant's sole cost and expense, and conducting business instrictly in accordance with the requirements of this Lease (including the requirement to obtain Landlord's consent thereto), the Current Premises under the Nodality Sublease unless such improvements and expects to be in possession alterations are specifically required of the Expansion Premises under the Poniard Sublease as of the Lease Date, and intends to continue conducting business in the Premises, without interruption, from and after the Lease DateLandlord. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for responsibility to do any defects work required under any building codes or other governmental requirements not in effect or applicable at the Current time the Premises (whether latent orwere constructed, including without limitation any requirements related to sprinkler retrofitting, seismic structural requirements, accommodation of disabled persons, or hazardous materials. patent) and, except as set forth in the Work Letter, Landlord shall have be under no obligation to perform any work provide utility, telephone or to refurbish, finish, other service or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied access beyond that which exists at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Lease, Tenant accepts the Premises “as is”, in their condition as of the Lease Date, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements (as defined in Section 7 hereof). Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of all or any portion of the Premises or the Project, and/or the suitability of the Premises or the Project for the conduct of Tenant’s business, and Tenant waives any implied warranty that the Premises or the Project are suitable for the Permitted Use. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein. Notwithstanding anything to the contrary in this Lease, Landlord agrees that (a) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during the Term of this Lease and the rights and obligations of Landlord and Tenant with respect to this Lease shall be governed by Section 18 or Section 19 of this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in the Work Letter), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment of the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in no event shall Landlord have any obligation to incur any additional or overtime costs to complete Landlord’s Work. Notwithstanding anything to the contrary contained herein, for the period of 60 consecutive days after (i) the Lease Date, as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are required to be made to the Building and Building Systems serving the Premises, unless Tenant was responsible for the cause of such repair, in which case Tenant shall pay the cost. Tenant shall have the right during the Term to use all the office furniture and equipment located within the Premises as of the date hereof of this Lease, unless Landlord specifically agrees in writing to provide the same. If it is anticipated that is owned Tenant will be doing any Alterations or installations prior to taking occupancy, any delays encountered by LandlordTenant in accomplishing such work or obtaining any required permits therefor shall not delay the Commencement Date or the date that Tenant becomes liable to pay rent, as more specifically described on Exhibit G (“Landlord’s Property”). Tenant shall accept Landlord’s Property in its “as is” condition as or the date that Landlord may effectively deliver possession of the Lease Date and shall return all Premises to Tenant. By taking possession hereunder, Tenant acknowledges that it accepts the square footage of Landlord’s Property located in the Premises as delivered and as stated in this Lease. No discovery or alleged discovery after such acceptance of any variance in such square footage as set forth in this Lease (or in any proposal, advertisement or other description thereof) shall be grounds for any adjustment in any element of the Lease Date to rent payable hereunder, unless such adjustment is initiated by and implemented by Landlord upon the expiration in writing. Landlord has provided or earlier termination of this Lease in the same condition as received, ordinary wear will provide Tenant with Landlord’s measurement and tear excepted; provided, however, Tenant shall have the right to remove the 3, 8-foot chemical fume hoods in the chemistry lab calculation of the Premises (the “Existing Fume Hoods”) provided that (i) Tenant removes the Existing Fume Hoods in a manner reasonably calculated leased square footage prior to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage to the Premises caused by the removal execution of the Existing Fume HoodsLease.

Appears in 1 contract

Samples: Office Lease (NTN Buzztime Inc)

Acceptance of Premises. Tenant has been accepts the Premises in possession oftheir “AS-IS” condition on the date that this Lease is entered into; provided, and conducting business inhowever, Landlord represents that as of such date, the Current Premises under Building shall be watertight, free of Hazardous Materials and the Nodality Sublease and expects to Building's Systems shall be in possession of the Expansion Premises under the Poniard Sublease good working order. Other than as of the Lease Date, and intends to continue conducting business provided for herein in the Premises, without interruption, from and after the Lease Date. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement Datethis Exhibit D, Landlord shall have no liability for any defects in the Current Premises (whether latent or. patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent including demolition of any improvements existing therein or patent) construction of any tenant finish-work or other improvements therein), and, except as set forth in this Exhibit D, shall not be obligated to reimburse Tenant or provide an allowance for any costs related to the demolition or construction of improvements therein. Landlord shall engage RAND Construction as Tenant’s general contractor for the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Lease, Tenant accepts the Premises “as is”, in their condition as of the Lease Date, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements (as defined in Section 7 hereof). Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of all or any portion of the Premises or the Project, and/or the suitability of the Premises or the Project for the conduct of Tenant’s business, and Tenant waives any implied warranty that the Premises or the Project are suitable for the Permitted Use. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein. Notwithstanding anything to the contrary in this Lease, Landlord agrees that (a) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking . Tenant hereby acknowledges that the Work shall be deemed performed while Tenant is in occupancy of the Premises, and Landlord’s actions in connection with such Work shall in no way constitute a constructive eviction of Tenant or entitle Tenant to have occurred during the Term any abatement of this Lease and the rights and obligations of Landlord and Tenant with respect to this Lease shall be governed by Section 18 or Section 19 of this Lease, as applicablerent. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in the Work Letter), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on have no responsibility or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Date, Landlord shall not for any reason be liable to Tenant for any loss direct or damage resulting therefromindirect injury to or interference with Xxxxxx’s business arising from the performance of the Work, nor shall Tenant be entitled to any compensation or damages from Landlord for any inconvenience or annoyance occasioned by such construction or Landlord’s actions in connection with such construction. Tenant acknowledges that Landlord and Xxxxxx may have to relocate items of Tenant’s furniture, equipment, and this Lease shall not personal property in order for Landlord to complete the Work, and that Tenant will be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by responsible for packing and unpacking any such items, which may cause temporary inconvenience in the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment of the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to during the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in no event shall Landlord have any obligation to incur any additional or overtime costs to complete Landlord’s Work. Notwithstanding anything to the contrary contained herein, for the period of 60 consecutive days after (i) the Lease Date, as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as and Xxxxxx agrees to the Expansion Premises, Landlord shall, at its sole cost coordinate with Xxxxxxxx’s property manager and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are required to be made to the Building and Building Systems serving the Premises, unless Tenant was responsible for the cause of cooperate fully with such repair, in which case Tenant shall pay the cost. Tenant shall have the right during the Term to use all the office furniture and equipment located within the Premises as of the date hereof that is owned by Landlord, as more specifically described on Exhibit G (“Landlord’s Property”). Tenant shall accept Landlord’s Property in its “as is” condition as of the Lease Date and shall return all of Landlord’s Property located in the Premises as of the Lease Date to Landlord upon the expiration or earlier termination of this Lease in the same condition as received, ordinary wear and tear excepted; provided, however, Tenant shall have the right to remove the 3, 8-foot chemical fume hoods in the chemistry lab of the Premises (the “Existing Fume Hoods”) provided that (i) Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage to the Premises caused by the removal of the Existing Fume Hoodsactivities.

Appears in 1 contract

Samples: Deed of Lease Agreement (Evolent Health, Inc.)

Acceptance of Premises. Except for latent defects as otherwise provided in this Lease and subject to Section 1.1 of Exhibit “D” hereto, Tenant has been hereby accepts the Premises in possession ofits “AS-IS” condition, and conducting business inLandlord shall have no obligation to repair, restore, improve, remodel or refurbish the Current Premises under other than as may be set forth in Exhibit “D”, provided that the Nodality Sublease Base Building Improvements (as defined in Exhibit “D” hereto), elevators lobbies, corridors and expects to common areas, upon such delivery, shall be in compliance with Applicable Laws subject to applicable hardship variances and “grandfather” rights but shall otherwise be in first-class condition and operating order. By entering into possession of the Expansion Premises under or any part thereof and except for such matters as Tenant shall specify to Landlord in writing within thirty (30) days thereafter, Tenant shall be conclusively deemed to have accepted the Poniard Sublease Premises and to have agreed that Landlord has performed all of its obligations hereunder with respect to the Premises and that such Premises is in satisfactory condition and in full compliance with the requirements of this Lease as of the Lease Datedate of such possession, except for latent defects and intends compliance with Applicable Laws as otherwise specifically required of Landlord under this Lease. With respect to continue conducting business in the Premises, without interruption, from and after the Lease Date. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement Datelatent defects, Landlord shall have no responsibility to correct or liability for with respect to any latent defects in any portion of the Current Premises (whether Tenant Improvements installed by a contractor of Tenant but shall be responsible for repair of or liable for latent or. patent) anddefects, except as set forth if any, in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy core and (ii) the Expansion Premises will not be empty and/or unoccupied at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition shell of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects Building and in the Expansion Premises (whether latent Tenant Improvements installed by Landlord or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for TenantLandlord’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Lease, Tenant accepts the Premises “as is”, in their condition as of the Lease Date, without any qualifications, restrictions, or limitationscontractors, subject to all applicable Legal Requirements (statutes of limitation. Except as defined otherwise expressly provided in Section 7 hereof). this Lease and except for use of the Premises for office purposes as permitted by the Certificate of Occupancy for the Building, Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of all Premises, the Building or any other portion of the Premises or the Project, and/or including without limitation, any representation or warranty with respect to the suitability or fitness of the Premises Premises, the Building or any other portion of the Project for the conduct of Tenant’s business, and Tenant waives any implied warranty that the Premises or the Project are suitable for the Permitted Use. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein. Notwithstanding anything to the contrary in this Lease, Landlord agrees that (a) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during the Term of this Lease and the rights and obligations of Landlord and Tenant with respect to this Lease shall be governed by Section 18 or Section 19 of this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in the Work Letter), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment of the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in no event shall Landlord have any obligation to incur any additional or overtime costs to complete Landlord’s Work. Notwithstanding anything to the contrary contained herein, for the period of 60 consecutive days after (i) the Lease Date, as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are required to be made to the Building and Building Systems serving the Premises, unless Tenant was responsible for the cause of such repair, in which case Tenant shall pay the cost. Tenant shall have the right during the Term to use all the office furniture and equipment located within the Premises as of the date hereof that is owned by Landlord, as more specifically described on Exhibit G (“Landlord’s Property”). Tenant shall accept Landlord’s Property in its “as is” condition as of the Lease Date and shall return all of Landlord’s Property located in the Premises as of the Lease Date to Landlord upon the expiration or earlier termination of this Lease in the same condition as received, ordinary wear and tear excepted; provided, however, Tenant shall have the right to remove the 3, 8-foot chemical fume hoods in the chemistry lab of the Premises (the “Existing Fume Hoods”) provided that (i) Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage to the Premises caused by the removal of the Existing Fume Hoods.

Appears in 1 contract

Samples: Office Lease (Maguire Properties Inc)

Acceptance of Premises. Tenant has been in possession of, and conducting business in, shall accept the Current Premises under the Nodality Sublease and expects to be in possession of the Expansion Premises under the Poniard Sublease as of the Lease Date, and intends to continue conducting business in the Premises, without interruption, from and after the Lease Date. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for any defects in the Current Premises (whether latent or. patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Lease, Tenant accepts the Premises “as is”, in their its condition as of the Lease Commencement Date, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements (as defined in Section 7 hereof)laws, ordinances, regulations, covenants and restrictions. Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord has made any no representation or warranty with respect as to the condition of all or any portion of the Premises or the Project, and/or the suitability of the Premises or the Project for the conduct of Tenant’s business, and Tenant waives any implied warranty that the Premises or the Project are suitable for the Permitted Use. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained hereinintended purposes. Notwithstanding anything to the contrary in this Lease, Landlord agrees that (a) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during the Term of this Lease and the rights and obligations of Landlord and Tenant with respect to this Lease shall be governed by Section 18 or Section 19 of this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in the Work Letter), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment of the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in In no event shall Landlord have any obligation to incur for any additional defects in the Premises or overtime costs to complete any limitation on its use. The taking of the possession of the Premises shall be conclusive evidence that Tenant accepts the Premises and that the Premises were in good condition at the time possession was taken except for items that are Landlord’s Workresponsibility under Paragraph 10 and any punchlist items agreed to in writing by Landlord and Tenant. Notwithstanding anything to the contrary contained herein, for the period of 60 consecutive No later than 10 days after written demand is made therefor by Landlord of Tenant. Tenant shall execute and deliver to Landlord a Commencement Date Certificate in the form of Exhibit C attached to and hereby made a part of this Lease. Tenant hereby acknowledges that as of the date of this Lease, the Premises are occupied by an existing tenant (i) the “Existing Tenant”). Tenant hereby acknowledges and agrees that Landlord shall not deliver possession of the Premises to Tenant until Landlord has obtained lawful possession of the Promises from fee Existing Tenant. Tenant acknowledges that the effectiveness of this Lease is contingent upon the Existing Tenant vacating the Premises on or before the Commencement Date, as provided above, and Landlord obtaining lawful possession of the Premises. In the event the Existing Tenant does not vacate the Premises on or before the Commencement Date as provided above, then the Commencement Date of this Lease shall be extended on a per diem basis for every day of delay beyond the Contingency Data until such date as Landlord does obtain lawful possession of the Premises from the Existing Tenant. In the event Landlord is not able to obtain lawful possession of the Promises from the Existing Tenant and allow Tenant access to the Current Premises and (ii) the Substantial Completion of by April 30, 2016, then Tenant, as Tenant’s sole remedy hereunder for Landlord’s Workfailure to deliver possession of the Premises to Tenant, as to the Expansion Premises, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are required to be made to the Building and Building Systems serving the Premises, unless Tenant was responsible for the cause of such repair, in which case Tenant shall pay the cost. Tenant shall have the right during the Term to use all the office furniture and equipment located within terminate this Lease by written notice to Landlord whereupon, unless Landlord obtains lawful possession of the Premises from the Existing Tenant and allows Tenant access to the Premises within ten (10) business days after receipt of Tenant’s notice, this Lease shall terminate and Landlord shall promptly refund to Tenant the Security Deposit, prepaid Rent and any other amounts deposited by Tenant with Landlord hereunder and neither party shall have any further rights or obligation hereunder. Landlord represents and warrants, to its knowledge, that as of the date hereof that is owned by LandlordCommencement Date the Building’s HVAC, as more specifically described on Exhibit G electrical, plumbing and other mechanical systems are in good working order and Landlord warrants such systems for a period of ninety (“Landlord’s Property”). Tenant shall accept Landlord’s Property in its “as is” condition as of 90) days from the Lease Date and shall return all of Landlord’s Property located in the Premises as of the Lease Date to Landlord upon the expiration or earlier termination of this Lease in the same condition as received, ordinary wear and tear exceptedCommencement Date; provided, however, Tenant that such warranty shall have the right to remove the 3not be effective for any maintenance, 8-foot chemical fume hoods in the chemistry lab of the Premises (the “Existing Fume Hoods”) provided that (i) Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage or replacements necessitated due to the Premises misuse of, or damages caused by the removal of the Existing Fume Hoodsby, Tenant, its employees, contractors, agents, subtenants, or invitees.

Appears in 1 contract

Samples: Fremont Facility Lease Agreement (Spinal Elements Holdings, Inc.)

Acceptance of Premises. Tenant has been in possession of, and conducting business in, the Current Premises under the Nodality Sublease and expects to be in By taking possession of the Expansion Premises, Tenant shall be deemed to have accepted the Premises under as being in good and sanitary order, condition and repair and to have accepted the Poniard Sublease Premises in their condition existing as of the Lease Date, and intends to continue conducting business in date Tenant takes possession of the Premises, without interruption, from and after the Lease Date. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for any defects in the Current Premises (whether latent or. patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Lease, Tenant accepts the Premises “as is”, in their condition as of the Lease Date, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements laws, covenants, conditions, restrictions, easements and other matters of public record and the reasonable rules and regulations from time to time promulgated by Landlord (as defined and non-discriminatorily applied) governing the use of the Premises and Common Area, and Landlord completing the tenant improvements in Section 7 hereof)accordance with the plans and specifications for such improvements, subject only to completion of items on Landlord’s punch list. Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord has Landlord’s agents have made any representation or warranty with respect as to the condition of all or any portion of the Premises or the Project, and/or the suitability of the Premises or the Project for the conduct of Tenant’s business, the condition of the Premises, or the use or occupancy which may be made thereof and Tenant waives any implied warranty has independently investigated and is satisfied that the Premises or the Project are suitable for the Permitted Use. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments intended use and agreements contained herein. Notwithstanding anything to the contrary in this Lease, Landlord agrees that (a) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), meets all governmental requirements for such casualty or Taking shall be deemed to have occurred during the Term of this Lease and the rights and obligations of Landlord and Tenant with respect to this Lease shall be governed by Section 18 or Section 19 of this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in the Work Letter), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment of the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in no event shall Landlord have any obligation to incur any additional or overtime costs to complete Landlord’s Workintended use. Notwithstanding anything to the contrary contained hereinin this Lease, for Tenant’s acceptance of the period Premises or submission of 60 consecutive days after (i) the Lease Date, as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense (which a “punch list” shall not constitute an Operating Expense)be deemed a waiver of Tenant’s right to have defects in the improvements constructed by Landlord pursuant to Paragraph 2.2 or in the Premises corrected at no cost to Tenant. Tenant shall give notice to Landlord whenever any such defect becomes reasonably apparent, be responsible for any repairs that are required and Landlord shall correct the defect as soon as practicable. Landlord also hereby assigns to be made Tenant all warranties with respect to the Building and Building Systems serving the Premises, unless including warranties that would reduce Tenant’s maintenance obligations under this Lease, and shall cooperate with Tenant was responsible for to enforce such warranties. Finally, notwithstanding anything to the cause of such repaircontrary contained in this Lease, in which case Tenant shall pay the cost. Tenant shall have the right during the Term to use all the office furniture and equipment located within the Premises as of the date hereof that is owned by LandlordCommencement Date, as more specifically described on Exhibit G the roof (“Landlord’s Property”including roof screens and membrane). Tenant shall accept Landlord’s Property in its “as is” condition as of the Lease Date , plumbing, electrical (including all outlets), heating and shall return all of Landlord’s Property located air conditioning systems in the Premises as of the Lease Date to Landlord upon the expiration or earlier termination of this Lease shall be in the same condition as received, ordinary wear good working order and tear excepted; provided, however, Tenant shall have the right to remove the 3, 8-foot chemical fume hoods in the chemistry lab of the Premises (the “Existing Fume Hoods”) provided that (i) Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage to the Premises caused by the removal of the Existing Fume Hoodsrepair.

Appears in 1 contract

Samples: Net Lease Agreement (Laserscope)

Acceptance of Premises. Landlord agrees to install the tenant improvements (the "Initial Tenant has been in possession of, and conducting business in, the Current Premises under the Nodality Sublease and expects to be in possession of the Expansion Premises under the Poniard Sublease as of the Lease Date, and intends to continue conducting business Improvements") described in the Premises, without interruption, from Construction Addendum attached hereto as Addendum 2 and after Tenant shall accept the Lease Date. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for any defects in the Current Premises (whether latent or. patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Lease, Tenant accepts the Premises “as is”, in their its condition as of the Lease Commencement Date, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements (as defined in Section 7 hereof)laws, ordinances and regulations. Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord has made any no representation or warranty with respect as to the condition of all or any portion of the Premises or the Project, and/or the suitability of the Premises or the Project for the conduct of Tenant’s 's business, and Tenant waives any implied warranty that the Premises or the Project are suitable for Tenant's intended purposes. The taking of possession of the Permitted UsePremises shall be conclusive evidence that Tenant accepts the Premises and that the Premises were in good condition at the time possession was taken except for any punchlist items agreed to in writing by Landlord and Tenant. In no event shall Landlord be liable for any defects in the Premises (except as set forth in this Paragraph 2 of the Lease) or for any limitation on its use (except as a direct result of construction defects). Landlord shall deliver the Premises to Tenant clean and free of debris on the Commencement Date and warrants to Tenant (which warranty shall survive for a period of one year following the Commencement Date) that the existing structural portions of the Premises including roof, roof membranes and surface, foundations, exterior walls, support beams, plumbing, fire sprinkler system, lighting, HVAC, window seals, electrical systems, and loading doors, if any, in executing this Lease does so the Premises shall be in reliance upon Tenant’s representationsgood operating condition on the Commencement Date. If a non-compliance exists as of the Commencement Date, warrantiesLandlord shall, acknowledgments and agreements contained herein. Notwithstanding anything to the contrary except as otherwise provided in this Lease, Landlord agrees promptly after receipt of written notice from Tenant setting forth the nature and extent of such non-compliance, rectify same at Landlord's cost and expense. The Building and that (a) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during the Term of this Lease and the rights and obligations of Landlord and Tenant with respect to this Lease shall be governed by Section 18 or Section 19 of this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in the Work Letter), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment portion of the Premises under already constructed and to be constructed by Landlord or Landlord's contractor, have been or will be constructed in material compliance with all current governmental regulations, ordinances, and laws including zoning and building codes, regulations and ordinances and all applicable covenants and restrictions of record which are in effect on or prior to the Nodality Sublease completion of the buildout of the Tenant Improvements, including the provisions of Title III of the Americans with Disabilities Act as they may apply to the Building and that portion of the Premises already constructed. Landlord will be fully responsible for making all alterations and repairs to the Building and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in no event shall Landlord have any obligation to incur any additional or overtime costs to complete Landlord’s Work. Notwithstanding anything to the contrary contained herein, for the period of 60 consecutive days after (i) the Lease Date, as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense (which shall not constitute an be included as Operating ExpenseExpenses), be responsible for any repairs that are required to be made to resulting from or necessitated by the failure by Landlord, Landlord's contractor, the Building and Building Systems serving the Premises, unless Tenant was responsible for the cause of such repair, in which case Tenant shall pay the cost. Tenant shall have the right during the Term to use all the office furniture and equipment located within or the Premises to comply with such governmental regulations, ordinances and laws, all as in effect as of the date hereof Commencement Date only, provided that such non-compliance is owned by Landlord, as more specifically described on Exhibit G (“Landlord’s Property”). Tenant shall accept Landlord’s Property in its “as is” condition as not the result of Tenant's use or occupancy of the Lease Date and shall return all of Landlord’s Property located in the Premises as of the Lease Date to Landlord upon the expiration Building or earlier termination of this Lease in the same condition as received, ordinary wear and tear excepted; provided, however, Tenant shall have the right to remove the 3, 8-foot chemical fume hoods in the chemistry lab of the Premises (the “Existing Fume Hoods”) provided that (i) Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage to the Premises caused by the removal of the Existing Fume Hoods.

Appears in 1 contract

Samples: Lease Agreement (Phase Metrics Inc)

Acceptance of Premises. Tenant has been in possession ofinspected the premises, furnishings, and conducting business in, the Current Premises under the Nodality Sublease equipment and expects has found them to be satisfactory. All plumbing, heating and electrical systems are operative and deemed satisfactory. Care, Cleaning and Maintenance: Tenants agree to: (1) keep the premises and furniture, clean and sanitary and in possession good repair, and upon termination of the Expansion Premises under tenancy, to return the Poniard Sublease as premises to Landlord in a condition identical to that which existed when Tenant took occupancy, except for ordinary wear and tear; (2) immediately notify Landlord of any defects or dangerous conditions in and about the Lease Datepremises of which they become aware; and (3) reimburse Landlord, on demand by Landlord, for the cost of any repairs to the premises or furniture damaged by Tenant or their guests or invitees through misuse or neglect. This includes misuse that can lead to plumbing issues, broken or damaged furniture or windows. Landlord’s Access for inspection and intends to continue conducting business Emergency: Landlord (i.e. the property owner/manager or _____________________ {Landlord’s name} staff) may enter the premises in the Premisesevent of an emergency, without interruption, from and after the Lease Dateto make repairs or improvements. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for any defects in the Current Premises (whether latent orgive Tenants reasonable notice of intent to enter. patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) non-compliance with the Expansion Premises will not be empty and/or unoccupied at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability Landlord’s lawful request for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery entry is material breach of this Lease, Tenant accepts Agreement that may be cause for immediate termination as provided herein and by the Premises “as is”, in their condition as law. Prohibition of the Lease Date, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements (as defined in Section 7 hereof). Tenant agrees Assignment and acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of all or Subletting: Tenants shall not sublet any portion of the Premises premises or assign this Agreement without the Project, and/or the suitability prior written consent of the Premises or the Project for the conduct of Tenant’s business, and Landlord. Tenant waives any implied warranty that the Premises or the Project are suitable for the Permitted Use. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein. Notwithstanding anything to the contrary in this Lease, Landlord agrees that (a) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during the Term of this Lease and the rights and obligations of Landlord and Tenant with respect to this Lease shall be governed by Section 18 or Section 19 of this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in the Work Letter), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts the said premises solely for the purposes listed in section 3. Tenant agrees to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s make no unlawful, improper or offensive use and enjoyment of the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in no event shall Landlord have any obligation to incur any additional or overtime costs to complete Landlord’s Work. Notwithstanding anything to the contrary contained herein, for the period of 60 consecutive days after (i) the Lease Date, as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are required to be made to the Building and Building Systems serving the Premises, unless Tenant was responsible for the cause of such repair, in which case Tenant shall pay the cost. Tenant shall have the right during the Term to use all the office furniture and equipment located within the Premises as of the date hereof that is owned by Landlord, as more specifically described on Exhibit G (“Landlord’s Property”). Tenant shall accept Landlord’s Property in its “as is” condition as of the Lease Date and shall return all of Landlord’s Property located in the Premises as of the Lease Date to Landlord upon the expiration or earlier termination of this Lease in the same condition as received, ordinary wear and tear excepted; provided, however, Tenant shall have the right to remove the 3, 8-foot chemical fume hoods in the chemistry lab of the Premises (the “Existing Fume Hoods”) provided that (i) Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage to the Premises caused by the removal of the Existing Fume Hoodspremises.

Appears in 1 contract

Samples: Agreement of Lease

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Acceptance of Premises. Tenant has been in possession of, and conducting business in, the Current Premises under the Nodality Sublease and expects to be in By taking possession of the Expansion Premises, Tenant shall be deemed to have accepted the Premises under as being in good and sanitary order, condition and repair and to have accepted the Poniard Sublease Premises in their condition existing as of the Lease Date, and intends to continue conducting business in date Tenant takes possession of the Premises, without interruption, from and after the Lease Date. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for any defects in the Current Premises (whether latent or. patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Lease, Tenant accepts the Premises “as is”, in their condition as of the Lease Date, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements laws, covenants, conditions, restrictions, easements and other matters of public record and the reasonable rules and regulations from time to time promulgated by Landlord governing the use of any portion of the Project. Further, by taking possession of the Premises, Tenant shall be deemed to have accepted tenant improvements to be constructed by Landlord (if any) as defined being completed in Section 7 hereof)accordance with the plans and specifications for such improvements, unless Tenant indicates otherwise on a written punch-list submitted to Landlord within ninety (90) days of the delivery of possession or when work to be done by Landlord has been completed, whichever is later. If Tenant does not submit any such written punchlist to Landlord within such ninety (90 day period, then Tenant waives any right to object to any tenant improvements constructed by Landlord prior to delivery of possession of the Premises to Tenant. Tenant agrees and acknowledges that that, except as otherwise expressly provided in this Paragraph 2.4 below, neither Landlord nor any agent of Landlord has Landlord’s agents, employees, affiliates, or property manager have made any representation or warranty with respect (express or implied) as to the condition of all or any portion of the Premises or the Project, and/or the suitability of the Premises or the Project for the conduct of Tenant’s business, the condition of the Building or Premises, the compliance of the Premises with any codes, laws, ordinances, rules or regulations, or the use or occupancy which may be made thereof and Tenant waives any implied warranty has independently investigated and is satisfied that the Premises or the Project are suitable for the Permitted Use. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein. Notwithstanding anything to the contrary in this Lease, Landlord agrees that (a) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during the Term of this Lease and the rights and obligations of Landlord and Tenant with respect to this Lease shall be governed by Section 18 or Section 19 of this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in the Work Letter), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s intended use and enjoyment of that the Building and Premises under the Nodality Sublease and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any meet all governmental requirements for such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in no event shall Landlord have any obligation to incur any additional or overtime costs to complete Landlord’s Workintended use. Notwithstanding anything to the contrary contained hereinin this Lease, Landlord agrees to deliver the Premises to Tenant with all Building systems and components in good working order and repair, including, but not limited to, the plumbing, lighting, electrical, mechanical, fire/life safety and heating, ventilation and air conditioning systems serving the Premises, and with the ceiling tiles and office doors in the Premises in good working order and repair (the “Delivery Condition”). Landlord hereby warrants the mechanical systems, including, HVAC units, serving the Premises against defects for the a period of 60 consecutive days after one (1) year following the Commencement Date. Such warranty shall not be applicable to any defects in or to the such mechanical systems or HVAC units to the extent caused by (i) the Lease DateTenant or any of its agents, as to the Current Premises and employees, contractors, subcontractors, licensees, invitees, customers, vendors, sublessees or other representatives, (ii) any alterations, additions or improvements constructed or installed in, on or about the Substantial Completion Premises by or on behalf of Landlord’s WorkTenant, (iii) any misuse of any of the mechanical systems or HVAC units serving the Premises by, or negligence or willful misconduct of, Tenant or any of its agents, employees, contractors, subcontractors, licensees, customers, vendors, sublessees or other representative or (iv) any breach by Tenant of this Lease. If any non-compliance with such warranty set forth in this paragraph exists as of the Commencement Date or within the one (1) year period referred to in this paragraph above, then, as to the Expansion PremisesTenant’s sole remedy for such non-compliance, Landlord shall, at its sole cost promptly after receipt of written notice from Tenant setting forth the nature of such non-compliance, and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are required to be made notwithstanding anything to the Building contrary set forth in Paragraph 10.2 below, cure or remedy the same at Landlord’s sole cost. If Tenant does not give Landlord written notice of such non-compliance with this warranty within the one (1)-year period referred to above, then such warranty shall be deemed to have expired and Building Systems serving shall be of no further force or effect. Notwithstanding anything herein to the contrary, Landlord represents that, to Landlord’s actual knowledge, Landlord has not received any written notice from any governmental agency that the Building, or any portion thereof, is in violation of any of the provisions and requirements of the Americans with Disabilities Act of 1990, as amended (“ADA”). Landlord (and not Tenant) shall be responsible, at no cost to Tenant, for remedying or curing any violations of building codes, laws, ordinances, or other governmental requirements (including, without limitation, the ADA) that (x) exist as of the Commencement Date with respect to the Premises, unless Tenant was responsible for the cause of such repairor any part thereof, in which case Tenant shall pay the cost. Tenant shall have the right during the Term to use all the office furniture and equipment located and/or (y) that are triggered within the Premises as Building (but outside of the date hereof that is owned Premises) by Landlord, as more specifically described on Exhibit G (“Landlord’s Property”). Tenant shall accept Landlord’s Property in its “as is” condition as demolition or construction or installation of any of the Lease Date and shall return all of Landlord’s Property located improvements shown on the demolition floor plan and/or floor plan attached hereto as Exhibit C that are contemplated to be constructed or installed by Tenant in the Premises as part of Tenant’s initial leasehold improvements (the Lease Date to Landlord upon the expiration or earlier termination of this Lease in the same condition as received, ordinary wear and tear excepted“Code Compliance Improvements”); provided, however, Tenant Landlord shall have the right not be obligated to remove the 3commence remedying or curing any such violations of building codes, 8-foot chemical fume hoods in the chemistry lab laws, ordinances, or other governmental requirements existing as of the Commencement Date with respect to the Premises unless and until the governmental agency having jurisdiction over such matter requires such violation(s) be cured or remedied by Landlord (or Tenant) or unless Tenant cannot physically occupy the “Existing Fume Hoods”Premises until such violation(s) provided are cured or remedied. Landlord’s obligation to cure violations existing as of the Commencement Date or that are triggered by Tenant’s construction or installation of any of the Code Compliance Improvements shall not be applicable to violations that arise or are triggered by (i) Tenant removes any alterations, additions or improvements (other than the Existing Fume Hoods in a manner reasonably calculated Code Compliance Improvements) undertaken, or caused to avoid damage to both the Existing Fume Hoods and the Premisesbe undertaken by Tenant, (ii) Tenant delivers Tenant’s application(s) for any permits (including, without limitation, building permits), licenses or approvals from any governmental or quasi-governmental authority (except for any applications for permits, licenses or approvals for the Existing Fume Hoods to Landlord after removal and construction of the Code Compliance Improvements), or (iii) Tenant repairs any damage Tenant’s use of the Premises, but notwithstanding the foregoing Landlord shall be obligated for the Building’s compliance with the provisions and requirement of the ADA to the Premises caused extent such compliance pertains to a violation of ADA existing as of the Commencement Date of this Lease or is triggered within the Building (but outside of the Premises) by the removal construction or installation of the Existing Fume Hoodsany Code Compliance Improvements.

Appears in 1 contract

Samples: Net Lease Agreement (Proteinsimple)

Acceptance of Premises. Landlord hereby warrants to Tenant has been in possession ofthat, and conducting business in---------------------- to the actual knowledge of Xxxxx Xxxxxxxx, the Current existing plumbing, fire sprinkler system, alarm, UPS generator, lighting, air conditioning, ventilation and heating systems within the Premises under the Nodality Sublease and expects to shall be in possession of good operating condition on the Expansion Premises under the Poniard Sublease Commencement Date. If a non-compliance with said warranty exists as of the Lease Date, and intends to continue conducting business in the Premises, without interruption, from and after the Lease Date. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for any defects in the Current Premises (whether latent or. patent) andshall, except as otherwise provided in this Lease, promptly after receipt of written notice from Tenant setting forth with specificity the nature and extent of such non-compliance, rectify same at Landlord's expense. If Tenant does not give Landlord written notice of a non- compliance with this warranty within thirty (30) days after the Commencement Date, correction of that non-compliance shall be the obligation of Tenant at Tenant's sole cost and expense. By taking possession of the Premises, Tenant acknowledges that it is accepting the Premises in its "as is" condition, subject to Landlord's obligations under Section 2.2 above and subject to Landlord's warranty set forth in this Section 2.3 above. During the Work Letter, term of this Lease Tenant shall have no obligation comply with the reasonable rules and regulations from time to perform time promulgated by Landlord of which Tenant is noticed (and non-discriminatorily applied) governing the use of any work or to refurbish, finish, or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition portion of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) andProject. Tenant acknowledges that, except as otherwise set forth in the Work Letterthis Section 2.3 above, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Lease, Tenant accepts the Premises “as is”, in their condition as of the Lease Date, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements (as defined in Section 7 hereof). Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord has Landlord's agents have made any representation or warranty with respect as to the condition of all or any portion of the Premises or the Project, and/or the suitability of the Premises or the Project for the conduct of Tenant’s 's business, the condition of the Building or Premises, or the use or occupancy which may be made thereof and Tenant waives any implied warranty has independently investigated and is satisfied that the Premises or the Project are suitable for the Permitted UseTenants's intended use. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein. Notwithstanding anything The preceding to the contrary notwithstanding, except as otherwise provided in this Lease, Landlord agrees that (a) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during the Term of this Lease and the rights and obligations of Landlord and Tenant with respect to this Lease shall be governed by Section 18 or Section 19 of this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in the Work Letter)6.2 below, Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in responsible for complying with the Work Letter) on or before requirements of Title III of the date which is 56 days after the Lease Date (“Target Completion Date”)Americans with Disabilities Act of 1990, 42 U.S.C. section 12101 et. If Landlord fails to complete Landlord’s Work by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefromseq., and this Lease shall not be void or voidablethe regulations promulgated thereunder (the "ADA"), as respects the common areas within the Building and the exterior common areas. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date Tenant shall be extended responsible for delays resulting from Force Majeure and Tenant Delay) (such date, complying with ADA as so extended, respects the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment of the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in no event shall Landlord have any obligation to incur any additional or overtime costs to complete Landlord’s WorkPremises. Notwithstanding anything to the contrary contained hereinin this Lease, for Tenant's acceptance of the period of 60 consecutive days after (i) the Lease Date, as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are required deemed a waiver of Tenant's right to be made have defects in the demising wall constructed by Landlord pursuant to the Building and Building Systems serving the Premises, unless Tenant was responsible for the cause of such repair, in which case Tenant shall pay the costParagraph 2.2 repaired at no cost to Tenant. Tenant shall have the right during the Term to use all the office furniture and equipment located within the Premises as of the date hereof that is owned by Landlord, as more specifically described on Exhibit G (“Landlord’s Property”). Tenant shall accept Landlord’s Property in its “as is” condition as of the Lease Date and shall return all of Landlord’s Property located in the Premises as of the Lease Date give notice to Landlord upon whenever any such defect becomes reasonably apparent, and Landlord shall repair the expiration or earlier termination of this Lease in the same condition defect as received, ordinary wear and tear excepted; providedsoon as practicable, however, Tenant Landlord shall have the right be under no obligation to remove the 3, 8-foot chemical fume hoods repair any defect in the chemistry lab improvements constructed by Landlord pursuant to Paragraph 2.2 if Tenant gives Landlord notice of the Premises such defect later than one (the “Existing Fume Hoods”1) provided that (i) Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage to the Premises caused by the removal year following substantial completion of the Existing Fume Hoodssuch improvements.

Appears in 1 contract

Samples: Net Lease Agreement (Navisite Inc)

Acceptance of Premises. Tenant has been Landlord shall deliver the Premises and existing Building systems serving the Premises including the roof in possession ofwater tight condition, mechanical, electrical, HVAC, sprinkler and conducting business inplumbing systems (collectively, the Current Premises under the Nodality Sublease “Building Systems”) in good working condition and expects to be in possession operable. Upon Substantial Completion of the Expansion Premises under the Poniard Sublease as of the Lease Date, and intends to continue conducting business in the Premises, without interruption, from and after the Lease Date. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for any defects in the Current Premises (whether latent or. patent) and, except Work as set forth in on the Work LetterLetter attached hereto as Exhibit E, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Lease, Tenant accepts the Premises are accepted by Tenant in as is”, in their AS IS” condition as of the Lease Date, without any qualifications, restrictions, or limitationsand configuration, subject to all applicable Legal Requirements the terms of this Lease (as defined including the Punch List Items) and provided Landlord shall deliver the Premises vacant and in Section 7 hereof)good order and in broom clean condition. Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord Landlord’s agents has made any representation representations or warranty with respect to warranties of any kind, express or implied, regarding the condition of all or any portion of Premises, the Premises Building, the Property or the Project, and/or the suitability of the Premises or the Project for the conduct of Tenant’s business, and Tenant waives any implied warranty that the Premises or the Project are suitable for the Permitted Use. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein. Notwithstanding anything to the contrary except as specifically set forth in this Lease, . Except for the Landlord agrees that (a) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease Work and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during the Term of this Lease and the rights and obligations of Landlord and Tenant with respect to this Lease shall be governed by Section 18 or Section 19 of this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in the Work Letter), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Dateotherwise provided herein, Landlord shall not be liable obligated to Tenant make or pay for any loss alterations or damage resulting therefromimprovements to the Premises, and this Lease shall not be void the Building or voidablethe Project. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment of the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in no event shall Landlord have any obligation to incur any additional or overtime costs to complete Landlord’s Work. Notwithstanding anything to the contrary contained herein, for the period of 60 consecutive days after (i) the Lease Date, as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are required to be made to the Building and Building Systems serving the PremisesPremises are not in good working condition during the 12-month period following the Commencement Date, unless then Landlord shall repair same at its cost, provided that Tenant was shall have given written notice thereof to Landlord within said 12-month period setting forth with specificity the nature and extent of such non-compliance, and further provided that Tenant shall be responsible for the cause repair and maintenance of such repairany Building Systems caused or due to the willful or negligent acts of Tenant or any Tenant Parties and/or that arises out of any tenant improvements or alterations made by Tenant. The foregoing shall not be deemed to require Landlord to replace any Building Systems (as opposed to repairing same), in which case Tenant shall pay except to the cost. Tenant shall have the right during the Term to use all the office furniture and equipment located within the Premises extent replacement is necessary as of the date hereof that is owned determined by Landlord, as more specifically described on Exhibit G (“Landlord’s Property”). Tenant shall accept Landlord’s Property Landlord in its “as is” condition as of the Lease Date and shall return all of Landlord’s Property located in the Premises as of the Lease Date to Landlord upon the expiration or earlier termination of this Lease in the same condition as received, ordinary wear and tear excepted; provided, however, Tenant shall have the right to remove the 3, 8-foot chemical fume hoods in the chemistry lab of the Premises (the “Existing Fume Hoods”) provided that (i) Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage to the Premises caused by the removal of the Existing Fume Hoodscommercially reasonable discretion.

Appears in 1 contract

Samples: Lease Agreement (SMART Global Holdings, Inc.)

Acceptance of Premises. Subject to the provisions of Addendum Three, Tenant has been shall accept the Premises in possession of, and conducting business in, the Current Premises under the Nodality Sublease and expects to be in possession of the Expansion Premises under the Poniard Sublease its condition as of the Lease Commencement Date, subject to all applicable laws, ordinances, regulations, covenants and intends to continue conducting business in the Premisesrestrictions. Landlord agrees that upon Tenant's written request, without interruption, from and received by Landlord within thirty (30) days after the Lease Date. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for any defects in the Current Premises (whether latent or. patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied at any time prior measured to the Expansion Premises Commencement Date exterior dripline by an architect mutually agreed upon by Landlord and Landlord will have no opportunity to inspectTenant. While the measurement is being performed, examine, and/or audit Tenant shall pay the Expansion Premises in order to establish amounts reflected herein at the condition times required by this Lease. If the rentable square footage of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery varies from that referenced on Page One of this Lease, then the monthly Base Rent and Estimated Operating Expenses shall be increased or decreased, as appropriate, based on the rates per square foot referenced on Page One of this Lease multiplied by the number of rentable square feet. Tenant accepts and Landlord agree that they will execute an amendment to the Premises “as is”, in their condition as lease to reflect such adjusted amounts. Any additional amounts due from Tenant shall be paid by Tenant upon Tenant's execution of the Lease Dateamendment and any amount due from Landlord shall be credited against Tenant's next payment of monthly Base Rent and Operating Expenses. Except as provided in this Lease, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements (as defined in Section 7 hereof). Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord has made any no representation or warranty with respect as to the condition of all or any portion of the Premises or the Project, and/or the suitability of the Premises or the Project for the conduct of Tenant’s 's business, and Tenant waives any implied warranty that the Premises or the Project are suitable for the Permitted UseTenant's intended purposes. Landlord Except as provided in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein. Notwithstanding anything to the contrary Paragraph 10 or elsewhere in this Lease, Landlord agrees that (a) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during the Term of this Lease and the rights and obligations of Landlord and Tenant with respect to this Lease shall be governed by Section 18 or Section 19 of this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in the Work Letter), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment of the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in no event shall Landlord have any obligation to incur for any additional or overtime costs to complete defects in the Premises (except for latent defects at Landlord’s Work. Notwithstanding anything to the contrary contained herein, for the period of 60 consecutive days after (i) the Lease Date, as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its 's sole cost and expense (which shall not constitute an Operating Expense), be responsible for expense) or any repairs that are required to be made to the Building and Building Systems serving the Premises, unless Tenant was responsible for the cause limitation on its use. The taking of such repair, in which case Tenant shall pay the cost. Tenant shall have the right during the Term to use all the office furniture and equipment located within the Premises as of the date hereof that is owned by Landlord, as more specifically described on Exhibit G (“Landlord’s Property”). Tenant shall accept Landlord’s Property in its “as is” condition as of the Lease Date and shall return all of Landlord’s Property located in the Premises as of the Lease Date to Landlord upon the expiration or earlier termination of this Lease in the same condition as received, ordinary wear and tear excepted; provided, however, Tenant shall have the right to remove the 3, 8-foot chemical fume hoods in the chemistry lab possession of the Premises (the “Existing Fume Hoods”) provided shall be conclusive evidence that (i) Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage to accepts the Premises caused and that the Premises were in good condition at the time possession was taken except for items that are Landlord's responsibility under Paragraph 10, latent defects, or elsewhere in this Lease and any punch list items agreed to in writing by the removal of the Existing Fume HoodsLandlord and Tenant.

Appears in 1 contract

Samples: Lease Agreement (Etoys Inc)

Acceptance of Premises. By taking possession hereunder, Tenant acknowledges that it has been examined the Premises and accepts the condition thereof. Tenant acknowledges and agrees that Landlord has no obligation to improve the Premises other than as set forth specifically in possession ofthis Lease, if at all. In particular, Tenant acknowledges that any additional improvements or Alterations needed to accommodate Tenant's intended use shall be made solely at Tenant's sole cost and expense, and conducting business instrictly in accordance with the requirements of this Lease (including the requirement to obtain Landlord's consent thereto), the Current Premises under the Nodality Sublease unless such improvements and expects to be in possession alterations are specifically required of the Expansion Premises under the Poniard Sublease as of the Lease Date, and intends to continue conducting business in the Premises, without interruption, from and after the Lease DateLandlord. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for responsibility to do any defects work required under any building codes or other governmental requirements not in effect or applicable at the Current time the Premises (whether latent orwere constructed, including without limitation any requirements related to sprinkler retrofitting, seismic structural requirements, accommodation of disabled persons, or hazardous materials. patent) and, except as set forth in the Work Letter, Landlord shall have be under no obligation to perform any work provide utility, telephone or to refurbish, finish, other service or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied access beyond that which exists at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Lease, Tenant accepts the Premises “as is”, in their condition as of the Lease Date, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements (as defined in Section 7 hereof). Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of all or any portion of the Premises or the Project, and/or the suitability of the Premises or the Project for the conduct of Tenant’s business, and Tenant waives any implied warranty that the Premises or the Project are suitable for the Permitted Use. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein. Notwithstanding anything to the contrary in this Lease, Landlord agrees that (a) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during the Term of this Lease and the rights and obligations of Landlord and Tenant with respect to this Lease shall be governed by Section 18 or Section 19 of this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in the Work Letter), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment of the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in no event shall Landlord have any obligation to incur any additional or overtime costs to complete Landlord’s Work. Notwithstanding anything to the contrary contained herein, for the period of 60 consecutive days after (i) the Lease Date, as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are required to be made to the Building and Building Systems serving the Premises, unless Tenant was responsible for the cause of such repair, in which case Tenant shall pay the cost. Tenant shall have the right during the Term to use all the office furniture and equipment located within the Premises as of the date hereof of this Lease, unless Landlord specifically agrees in writing to provide the same. It is anticipated that is owned Tenant will be doing any Alterations or installations prior to taking occupancy, any delays encountered by Tenant and not caused by Landlord or Landlord's agent or representative in accomplishing such work or obtaining any required permits therefor shall not delay the Commencement Date or the date that Tenant becomes liable to pay rent, as more specifically described on Exhibit G (“Landlord’s Property”). Tenant shall accept Landlord’s Property in its “as is” condition as or the date that Landlord may effectively deliver possession of the Lease Date and shall return all Premises to Tenant. By taking possession hereunder, Tenant acknowledges that it accepts the square footage of Landlord’s Property located in the Premises as delivered and as stated in this Lease. No discovery or alleged discovery after such acceptance of any variance in such square footage as set forth in this Lease (or in any proposal, advertisement or other description thereof) shall be grounds for any adjustment in any element of the Lease Date to rent payable hereunder, unless such adjustment is initiated by and implemented by Landlord upon the expiration or earlier termination of this Lease in the same condition as received, ordinary wear and tear excepted; provided, however, Tenant shall have the right to remove the 3, 8-foot chemical fume hoods in the chemistry lab of the Premises (the “Existing Fume Hoods”) provided that (i) Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage to the Premises caused by the removal of the Existing Fume Hoodswriting.

Appears in 1 contract

Samples: Industrial Net Lease (Mitokor)

Acceptance of Premises. By taking possession hereunder, Tenant acknowledges that it has been examined the Premises and accepts the condition thereof. Tenant acknowledges and agrees that Landlord has no obligation to improve the Premises other than as set forth specifically in possession ofthis Lease, if at all. In particular, Tenant acknowledges that any additional improvements or alterations needed to accommodate Tenant’s intended use shall be made solely at Tenant’s sole cost and expense, and conducting business instrictly in accordance with the requirements of this Lease (including the requirement to obtain Landlord’s consent thereto), unless such improvements and alterations are specifically required of Landlord. In the Current event that Tenant pursues modification to the Premises under the Nodality Sublease and expects that requires a Permit to be in possession of the Expansion Premises under the Poniard Sublease as of the Lease Date, and intends to continue conducting business in the Premises, without interruption, from and after the Lease Date. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement Dateissued, Landlord shall have no liability for responsibility to do any defects work required under any building codes or other governmental requirements not in effect or applicable at the Current time the Premises (whether latent orwere constructed, including without limitation any requirements related to sprinkler retrofitting, seismic structural requirements, accommodation of disabled persons, or hazardous materials. patent) and, except as set forth in the Work Letter, Landlord shall have be under no obligation to perform any work provide utility, telephone or to refurbish, finish, other service or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied access beyond that which exists at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Lease, Tenant accepts the Premises “as is”, in their condition as of the Lease Date, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements (as defined in Section 7 hereof). Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of all or any portion of the Premises or the Project, and/or the suitability of the Premises or the Project for the conduct of Tenant’s business, and Tenant waives any implied warranty that the Premises or the Project are suitable for the Permitted Use. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein. Notwithstanding anything to the contrary in this Lease, Landlord agrees that (a) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during the Term of this Lease and the rights and obligations of Landlord and Tenant with respect to this Lease shall be governed by Section 18 or Section 19 of this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in the Work Letter), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment of the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in no event shall Landlord have any obligation to incur any additional or overtime costs to complete Landlord’s Work. Notwithstanding anything to the contrary contained herein, for the period of 60 consecutive days after (i) the Lease Date, as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are required to be made to the Building and Building Systems serving the Premises, unless Tenant was responsible for the cause of such repair, in which case Tenant shall pay the cost. Tenant shall have the right during the Term to use all the office furniture and equipment located within the Premises as of the date hereof of this Lease, unless Landlord specifically agrees in writing to provide the same. If it is anticipated that is owned Tenant will be doing any Alterations or installations prior to taking occupancy, any delays encountered by LandlordTenant in accomplishing such work or obtaining any required permits therefor shall not delay the Commencement Date or the date that Tenant becomes liable to pay rent, as more specifically described on Exhibit G (“Landlord’s Property”). Tenant shall accept Landlord’s Property in its “as is” condition as or the date that Landlord may effectively deliver possession of the Lease Date and shall return all Premises to Tenant. By taking possession hereunder, Tenant acknowledges that it accepts the square footage of Landlord’s Property located in the Premises as delivered and as stated in this Lease. No discovery or alleged discovery after such acceptance of any variance in such square footage as set forth in this Lease (or in any proposal, advertisement or other description thereof) shall be grounds for any adjustment in any component of the Lease Date to Landlord upon the expiration or earlier termination of this Lease in the same condition as receivedrent payable hereunder, ordinary wear unless such adjustment is initiated by and tear excepted; provided, however, Tenant shall have the right to remove the 3, 8-foot chemical fume hoods in the chemistry lab of the Premises (the “Existing Fume Hoods”) provided that (i) Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage to the Premises caused implemented by the removal of the Existing Fume HoodsLandlord.

Appears in 1 contract

Samples: Lease (Locust Walk Acquisition Corp.)

Acceptance of Premises. Tenant has been in possession of, and conducting business in, the Current Premises under the Nodality Sublease and expects to be in By taking possession of the Expansion Premises, Tenant shall be deemed to have accepted the Premises under as being in good and sanitary order, condition and repair and to have accepted the Poniard Sublease Premises in their condition existing as of the Lease Date, and intends to continue conducting business in date Tenant takes possession of the Premises, without interruption, from and after the Lease Date. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for any defects in the Current Premises (whether latent or. patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Lease, Tenant accepts the Premises “as is”, in their condition as of the Lease Date, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements laws, covenants, conditions, restrictions, easements and other matters of public record and the reasonable rules and regulations from time to time promulgated by Landlord (as defined in Section 7 hereof)and non-discriminatorily applied) governing the use of any portion of the Project. Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord has Landlord's agents have made any representation or warranty with respect as to the condition of all or any portion of the Premises or the Project, and/or the suitability of the Premises or the Project for the conduct of Tenant’s 's business, the condition of the Building or Premises, or the use or occupancy which may be made thereof and Tenant waives any implied warranty has independently investigated and is satisfied that the Premises are suitable for Tenant's intended use and that the Building and Premises meet all governmental requirements for such intended use. In addition, except for Landlord's obligation to perform the ADA Work, Landlord makes no representation or warranty as to the compliance of the Building or the Project are suitable for with the Permitted Use. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein. Notwithstanding anything to the contrary in this Lease, Landlord agrees that (a) Tenant’s continued occupancy requirements of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during the Term of this Lease and the rights and obligations of Landlord and Tenant with respect to this Lease shall be governed by Section 18 or Section 19 of this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in the Work Letter), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment of the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in no event shall Landlord have any obligation to incur any additional or overtime costs to complete Landlord’s WorkADA. Notwithstanding anything to the contrary contained hereinin this Lease, for Tenant's acceptance of the period Premises or submission of 60 consecutive days after (i) the Lease Date, as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense (which a "punchlist" shall not constitute an Operating Expense)be deemed a waiver of Tenant's right to have defects in the improvements constructed by Landlord pursuant to Paragraph 2.2 or the Premises repaired at no cost to Tenant. Tenant shall give notice to Landlord whenever any such defect becomes reasonably apparent, be responsible for any repairs that are required and Landlord shall repair the defect as soon as practicable. Landlord also hereby assigns to be made Tenant all warranties with respect to the Building and Building Systems serving the Premises, unless including warranties that would reduce Tenant's maintenance obligations under this Lease, and shall cooperate with Tenant was responsible for to enforce such warranties. Finally, notwithstanding anything to the cause of such repaircontrary contained in this Lease, in which case Tenant shall pay the cost. Tenant shall have the right during the Term to use all the office furniture and equipment located within the Premises as of the date hereof that is owned by LandlordCommencement Date, as more specifically described on Exhibit G the roof (“Landlord’s Property”including roof screens and membrane). Tenant shall accept Landlord’s Property in its “as is” condition as of the Lease Date , plumbing, electrical (including all outlets), heating and shall return all of Landlord’s Property located air conditioning systems in the Premises as of the Lease Date to Landlord upon the expiration or earlier termination of this Lease shall be in the same condition as received, ordinary wear good working order and tear excepted; provided, however, Tenant shall have the right to remove the 3, 8-foot chemical fume hoods in the chemistry lab of the Premises (the “Existing Fume Hoods”) provided that (i) Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage to the Premises caused by the removal of the Existing Fume Hoodsrepair.

Appears in 1 contract

Samples: Net Lease Agreement (Laserscope)

Acceptance of Premises. By taking possession hereunder, Tenant acknowledges that it has been examined the Premises and accepts the condition thereof. Tenant acknowledges and agrees that Landlord has no obligation to improve the Premises other than as set forth specifically in possession ofthis Lease, if at all. In particular, Tenant acknowledges that any additional improvements or Alterations needed to accommodate Tenant's intended use shall be made solely at Tenant's sole cost and expense, and conducting business instrictly in accordance with the requirements of this Lease (including the requirement to obtain Landlord's consent thereto), the Current Premises under the Nodality Sublease unless such improvements and expects to be in possession alterations are specifically required of the Expansion Premises under the Poniard Sublease as of the Lease Date, and intends to continue conducting business in the Premises, without interruption, from and after the Lease DateLandlord. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for responsibility to do any defects work required under any building codes or other governmental requirements not in effect or applicable at the Current time the Premises (whether latent orwere constructed, including without limitation any requirements related to sprinkler retrofitting, seismic structural requirements, accommodation of disabled persons, or hazardous materials. patent) and, except as set forth in the Work Letter, Landlord shall have be under no obligation to perform any work provide utility, telephone or to refurbish, finish, other service or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied access beyond that which exists at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Lease, Tenant accepts the Premises “as is”, in their condition as of the Lease Date, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements (as defined in Section 7 hereof). Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of all or any portion of the Premises or the Project, and/or the suitability of the Premises or the Project for the conduct of Tenant’s business, and Tenant waives any implied warranty that the Premises or the Project are suitable for the Permitted Use. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein. Notwithstanding anything to the contrary in this Lease, Landlord agrees that (a) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during the Term of this Lease and the rights and obligations of Landlord and Tenant with respect to this Lease shall be governed by Section 18 or Section 19 of this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in the Work Letter), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment of the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in no event shall Landlord have any obligation to incur any additional or overtime costs to complete Landlord’s Work. Notwithstanding anything to the contrary contained herein, for the period of 60 consecutive days after (i) the Lease Date, as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are required to be made to the Building and Building Systems serving the Premises, unless Tenant was responsible for the cause of such repair, in which case Tenant shall pay the cost. Tenant shall have the right during the Term to use all the office furniture and equipment located within the Premises as of the date hereof of this Lease, unless Landlord specifically agrees in writing to provide the same. If it is anticipated that is owned Tenant will be doing any Alterations or installations prior to taking occupancy, any delays encountered by Tenant and not caused by Landlord or Landlord's agent or representative in accomplishing such work or obtaining any required permits therefor shall not delay the Commencement Date or the date that Tenant becomes liable to pay rent, as more specifically described on Exhibit G (“Landlord’s Property”). Tenant shall accept Landlord’s Property in its “as is” condition as or the date that Landlord may effectively deliver possession of the Lease Date and shall return all Premises to Tenant. By taking possession hereunder, Tenant acknowledges that it accepts the square footage of Landlord’s Property located in the Premises as delivered and as stated in this Lease. No discovery or alleged discovery after such acceptance of any variance in such square footage as set forth in this Lease (or in any proposal, advertisement or other description thereof) shall be grounds for any adjustment in any element of the Lease Date to rent payable hereunder, unless such adjustment is initiated by and implemented by Landlord upon the expiration or earlier termination of this Lease in the same condition as received, ordinary wear and tear excepted; provided, however, Tenant shall have the right to remove the 3, 8-foot chemical fume hoods in the chemistry lab of the Premises (the “Existing Fume Hoods”) provided that (i) Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage to the Premises caused by the removal of the Existing Fume Hoodswriting.

Appears in 1 contract

Samples: Industrial Net Lease (Mitokor)

Acceptance of Premises. Tenant has been Promptly after the Additional Building Modifications and the Building A Expansion are substantially complete and again, promptly after Lessor's Improvements are substantially complete, Lessor and Lessee shall jointly walk through the Leased Premises in possession oforder to inspect the Additional Building Modifications, the Building A Expansion and Lessor's Improvements, whichever is applicable, and conducting business in, the Current Premises under the Nodality Sublease and expects to develop a punch list of items to be in possession of the Expansion Premises under the Poniard Sublease completed and/or repaired by Lessor. Lessee acknowledges that as of the Lease Datedate of the applicable walk-through, it will have inspected the Leased Premises and intends to continue conducting business in will be renting same "as is", with the Premises, without interruption, from and after the Lease Date. Further, since exception of: (i) the Current Premises will not punch list items which Lessor shall be empty obligated to complete and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for any defects in the Current Premises (whether latent or. patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy repair; and (ii) the Expansion Premises will not be empty and/or unoccupied at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in material or workmanship that are discovered during the Expansion Premises one (whether latent or patent1) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Lease, Tenant accepts the Premises “as is”, in their condition as of the Lease Date, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements (as defined year warranty period described in Section 7 1 (J) hereof). Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of all or any portion of the Premises or the Project, and/or the suitability of the Premises or the Project for the conduct of Tenant’s business, and Tenant waives any implied warranty that the Premises or the Project are suitable for the Permitted Use. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein. Notwithstanding anything to the contrary in this Lease, Landlord agrees that (a) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during the Term of this Lease and the rights and obligations of Landlord and Tenant with respect to this Lease shall be governed by Section 18 or Section 19 of this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in the Work Letter), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment of the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in no event shall Landlord have any obligation to incur any additional or overtime costs to complete Landlord’s Work. Notwithstanding anything to the contrary contained herein, for the period of 60 consecutive days after (i) the Lease Date, as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are required to be made to the Building and Building Systems serving the Premises, unless Tenant was responsible for the cause of such repair, in which case Tenant shall pay the cost. Tenant shall have the right during the Term to use all the office furniture and equipment located within the Premises as of the date hereof that is owned by Landlord, as more specifically described on Exhibit G (“Landlord’s Property”). Tenant shall accept Landlord’s Property in its “as is” condition as of the Lease Date and shall return all of Landlord’s Property located in the Premises as of the Lease Date to Landlord upon the expiration or earlier termination of this Lease in the same condition as received, ordinary wear and tear excepted; provided, however, Tenant Lessee shall have the right to add mechanical, but not cosmetic, problems to the punch list for ninety (90) days following the applicable walk-through. The Leased Premises shall be delivered in broom clean condition with all mechanical equipment in good working order and the roof free of leaks. Furthermore, Lessor shall assign to Lessee all assignable warranties and guarantees, if any, received by Lessor in connection with the Leased Premises (other than those which relate to the portions of the Leased Premises which Lessor is obligated to maintain), and Lessor shall notify Lessee as to any warranty or guaranties that, to Lessor's actual knowledge, are not assignable, and shall use its best efforts to enforce non-assignable warranties and guarantees, if any, in connection with the Leased Premises, at Lessee's request and on Lessee's behalf. If Lessor is requested to enforce a warranty or guaranty on behalf of Lessee, Lessee shall be solely responsible for any reasonable consultants' or attorneys' fees incurred by Lessor in connection therewith, provided that Lessor advises Lessee of Lessor's estimate of the maximum amount of such expenses prior to incurring same and obtains Lessee's written consent to such expenditure. At the point when Lessor's expenses equal or exceed the maximum amount approved by Lessee, Lessor shall have the right to discontinue its efforts to enforce such non-assignable warranties or guaranties. At the end of the term or other expiration of this Lease, Lessee will surrender and deliver up the Leased Premises to Lessor in substantially the same condition delivered to Lessee, reasonable and ordinary wear and tear, alterations installed by Lessee (unless Lessee is required to remove the 3same as hereafter provided), 8-foot chemical fume hoods in the chemistry lab of the Premises (the “Existing Fume Hoods”) provided that (i) Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid condemnation and damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage to the Premises caused by the removal of the Existing Fume Hoodsfire or casualty excepted.

Appears in 1 contract

Samples: Lease Agreement (Amazon Com Inc)

Acceptance of Premises. Tenant has been in possession of, and conducting business in, the Current Premises under the Nodality Sublease and expects to be in possession of the Expansion Premises under the Poniard Sublease as of the Lease Date, and intends to continue conducting business in the Premises, without interruption, from and after the Lease Date. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for any defects in the Current Premises (whether latent or. patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Lease, Tenant accepts the Premises “as is”, in their condition as of the Lease Date, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements (as defined in Section 7 hereof). Tenant agrees and acknowledges that neither Landlord nor any agent representative of Landlord has made any representation or warranty with respect to the condition Premises, the Building or the Site (except as expressly provided in this Lease). Not by way of all limitation of the foregoing, no representation or warranty has been made with respect to the suitability or fitness for any portion purposes of the Premises, the Building or the Site, nor regarding the compliance of Tenant’s use of the Premises with the applicable zoning or regarding any other land use matters, and Tenant shall be solely responsible as to such matters. Further, that neither Landlord nor any representative of Landlord has made any representations or warranties regarding (i) what other tenants or uses may be permitted or intended in the Building or the ProjectSite, and/or the suitability (ii) any exclusivity of use by Tenant with respect to its permitted use of the Premises as set forth in Item 3 of the Basic Lease Provisions, or (iii) any construction of portions of the Project for the conduct Site not yet completed. Tenant further acknowledges that neither Landlord nor any representative of Tenant’s business, and Tenant waives Landlord has agreed to undertake any implied warranty that alterations or additions or to construct any improvements to the Premises or the Project are suitable for the Permitted Use. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein. Notwithstanding anything to the contrary except as expressly provided in this Lease, including for the “Tenant Improvements” to be constructed by Landlord agrees that pursuant to the Work Letter attached hereto as Exhibit X (a) Tenant’s continued occupancy the “Work Letter”). Tenant further acknowledges that, although Landlord has no actual knowledge of issues respecting the existing flooring materials installed in the Premises, the flooring materials which may be installed within the portions of the Current Premises following located on the Current Premises Commencement Date or ground floor of the Expansion Premises following Building may be limited by the Expansion Premises moisture content of the Building slab and underlying soils. As of the Commencement Date, Tenant shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be conclusively deemed to have occurred during accepted the Term Premises and those portions of the Building and Site in which Tenant has any rights under this Lease, which acceptance shall mean that it is conclusively established that the Premises and those portions of the Building and Site in which Tenant has any rights under this Lease were in satisfactory condition and in conformity with the rights and obligations of Landlord and Tenant with respect to this Lease shall be governed by Section 18 or Section 19 provisions of this Lease, as applicable. Subject subject only to delays resulting from Force Majeure (A) those defective or incomplete portions of the Tenant Improvements which Tenant shall have itemized on a written punch list and Tenant Delay delivered to Landlord within thirty (30) days after the Commencement Date (as defined in Section 3.1) and (B) Landlord’s obligations expressly contained in Section 2.4 of this Lease. Nothing contained in this Section shall affect the Work Letter), commencement of the Term or the obligation of Tenant to pay rent. Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (diligently complete all punch list items of which it is notified as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment of the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in no event shall Landlord have any obligation to incur any additional or overtime costs to complete Landlord’s Work. Notwithstanding anything to the contrary contained herein, for the period of 60 consecutive days after (i) the Lease Date, as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are required to be made to the Building and Building Systems serving the Premises, unless Tenant was responsible for the cause of such repair, in which case Tenant shall pay the cost. Tenant shall have the right during the Term to use all the office furniture and equipment located within the Premises as of the date hereof that is owned by Landlord, as more specifically described on Exhibit G (“Landlord’s Property”). Tenant shall accept Landlord’s Property in its “as is” condition as of the Lease Date and shall return all of Landlord’s Property located in the Premises as of the Lease Date to Landlord upon the expiration or earlier termination of this Lease in the same condition as received, ordinary wear and tear excepted; provided, however, Tenant shall have the right to remove the 3, 8-foot chemical fume hoods in the chemistry lab of the Premises (the “Existing Fume Hoods”) provided that (i) Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage to the Premises caused by the removal of the Existing Fume Hoodsabove.

Appears in 1 contract

Samples: Lease (Senorx Inc)

Acceptance of Premises. Tenant Except to the extent that Landlord has been expressly agreed in possession of, and conducting business in, the Current Premises under the Nodality Sublease and expects this Lease to be in possession of the Expansion Premises under the Poniard Sublease as of the Lease Date, and intends to continue conducting business perform certain tenant improvement work in the Premises, without interruptionTenant shall be deemed to have accepted the Premises on the Lease Commencement Date in their "as is" condition. If tenant improvements are to be constructed by Landlord in the Premises, from and the acceptance of the Premises by Tenant shall be deferred until receipt by the Tenant of an architect's certificate of readiness certifying that the Premises are ready for occupancy. Within five (5) days after the Lease Date. Furtherarchitect gives such notice, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition Tenant shall make such inspection of the Current Premises as of the Current Premises Commencement DateTenant deems appropriate, Landlord shall have no liability for any defects in the Current Premises (whether latent or. patent) and, except as set forth otherwise notified by Tenant in the Work Letter, shall have no obligation writing to perform any work or to refurbish, finish, or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Leasewithin such period, Tenant accepts shall be deemed to have accepted the Premises “as is”, in their condition as of the Lease Datedate of the architect's certificate. If, without any qualificationsas a result of such inspection, restrictions, Tenant discovers minor deviations or limitations, subject to all applicable Legal Requirements variations from the plans and specifications for Tenant's improvements of a nature commonly found on a "punch list" (as defined that term is used in Section 7 hereofthe construction industry). , Tenant agrees shall promptly notify Landlord of such deviations and acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to shall commence the condition of all or any portion correction of the Premises or the Project, and/or the suitability of the Premises or the Project for the conduct of Tenant’s business, punch list and Tenant waives any implied warranty that the Premises or the Project are suitable for the Permitted Use. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein. Notwithstanding anything diligently pursue such to the contrary in this Lease, Landlord agrees that (a) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during the Term of this Lease and the rights and obligations of Landlord and Tenant with respect to this Lease shall be governed by Section 18 or Section 19 of this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in the Work Letter), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment of the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruptioncompletion; provided, however, that notwithstanding anything to the contrary contained herein, in no event shall Landlord have any obligation to incur any additional or overtime costs to complete Landlord’s Work. Notwithstanding anything to the contrary contained herein, for the period of 60 consecutive days after (i) the Lease Date, as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are required to be made to the Building and Building Systems serving the Premises, unless Tenant was responsible for the cause of such repair, in which case Tenant shall pay the cost. Tenant shall have the right during final and conclusive determination as to which items constitute punch list items. The existence of such punch list items shall not postpone the Term Lease Commencement Date of this Lease nor the obligation of Tenant to use all pay Rent, additional rent or any other charges due under this Lease. Landlord and Tenant hereby agree to execute a Declaration, substantially in the office furniture and equipment located within form attached hereto as Exhibit B, to confirm the Premises as of Lease Commencement Date. Failure to execute said Declaration shall not affect the date hereof that is owned by Landlord, as more specifically described on Exhibit G (“Landlord’s Property”). Tenant shall accept Landlord’s Property in its “as is” condition as commencement or expiration of the Lease Date and shall return all of Landlord’s Property located in the Premises as of the Lease Date to Landlord upon the expiration or earlier termination of this Lease in the same condition as received, ordinary wear and tear excepted; provided, however, Tenant shall have the right to remove the 3, 8-foot chemical fume hoods in the chemistry lab of the Premises (the “Existing Fume Hoods”) provided that (i) Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage to the Premises caused by the removal of the Existing Fume HoodsTerm.

Appears in 1 contract

Samples: Lease (Sequoia Software Corp)

Acceptance of Premises. Tenant has been in possession of, and conducting business in, the Current Premises under the Nodality Sublease and expects to be in possession of the Expansion Premises under the Poniard Sublease Except as of the Lease Date, and intends to continue conducting business in the Premises, without interruption, from and after the Lease Date. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for any defects in the Current Premises (whether latent or. patent) and, except as otherwise expressly set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Lease, Tenant accepts shall accept the Premises “as is”, in their its condition as of the Lease Commencement Date, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements (laws, ordinances, regulations, covenants and restrictions. Except as defined otherwise expressly set forth in Section 7 hereof). Tenant agrees and acknowledges that neither Landlord nor any agent of this Lease, Landlord has made any no representation or warranty with respect as to the condition of all or any portion of the Premises or the Project, and/or the suitability of the Premises or the Project for the conduct of Tenant’s business, and Tenant waives any implied warranty that the Premises or the Project are suitable for the Permitted Use. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained hereinintended purposes. Notwithstanding anything to the contrary in this Lease, Landlord agrees that Except for latent defects (a) Tenant’s continued occupancy defects not discoverable by a visual inspection of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during the Term of this Lease and the rights and obligations of Landlord and Tenant with respect to this Lease shall be governed by Section 18 or Section 19 of this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in the Work Letter), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment interior of the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained hereinPremises), in no event shall Landlord have any obligation to incur for any additional defects in the Premises or overtime costs to complete Landlordany limitation on its use. Landlord represents and warrants that as of the execution date of this Lease the Building’s WorkHVAC, electrical, plumbing and other mechanical systems, fire sprinkler system, loading docks, lighting, Building structure (including, without limitation, the roof, roof membrane and floor slab), parking lots, sidewalks, and the driveways are in good working order. Notwithstanding anything to the contrary contained herein, for the period of 60 consecutive No later than 10 days after (i) written demand is made therefor by Landlord of Tenant, Tenant shall execute and deliver to Landlord a Commencement Date Certificate in the Lease Date, as form of Exhibit C attached to the Current Premises and (ii) the Substantial Completion hereby made a part of Landlord’s Work, as this Lease. Landlord shall allow Tenant access to the Expansion Premises, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are required to be made to the Building and Building Systems serving the Premises, unless Tenant was responsible upon delivery to Landlord of a Certificate of Insurance which complies with the requirements of this Lease, for purposes of preparing the Premises for the cause commencement of such repairTenant’s normal business operations (including construction of Tenant-Made Alterations), subject to applicable ordinances and building codes governing Tenant’s right to occupy or perform in which case Tenant shall pay the cost. Tenant shall have the right during the Term to use all the office furniture and equipment located within the Premises as of the date hereof that is owned by Landlord, as more specifically described on Exhibit G (“Landlord’s PropertyEarly Occupancy”). Tenant shall accept Landlord’s Property in its “as is” condition as of During such Early Occupancy period prior to the Lease Date and shall return all of Landlord’s Property located in the Premises as of the Lease Date to Landlord upon the expiration or earlier termination of this Lease in the same condition as received, ordinary wear and tear excepted; provided, howeverRent Commencement Date, Tenant shall have be bound by its obligations under the right Lease, including the obligation to remove provide evidence of insurance, but shall not be obligated to pay the 3, 8-foot chemical fume hoods Monthly Base Rent or Operating Expenses payable by Tenant to Landlord as set forth in the chemistry lab of the Premises (the “Existing Fume Hoods”) provided that (i) Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage to the Premises caused by the removal of the Existing Fume HoodsLease.

Appears in 1 contract

Samples: Lease Agreement (Stemcells Inc)

Acceptance of Premises. Within ten (10) days after completion of the Tenant has been Improvements, Tenant shall conduct a walk-through inspection of the Premises with Landlord and complete a punch list of items needing additional work. Other than the items specified in possession ofthe punch list, if any, and conducting business inlatent defects in the Capital Improvements that could not have been discovered by a reasonably thorough visual inspection of the Capital Improvements, the Current Premises under the Nodality Sublease and expects subject to be in Landlord’s representations and warranties described below, by taking possession of the Expansion Premises under the Poniard Sublease as of the Lease Date, and intends to continue conducting business in the Premises, without interruption, from and after Tenant shall be deemed to have accepted the Lease Date. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the good, clean and completed condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for any defects in the Current Premises (whether latent or. patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Lease, Tenant accepts the Premises “as is”, in their condition as of the Lease Date, without any qualifications, restrictions, or limitationsrepair, subject to all applicable Legal Requirements (as defined laws, codes and ordinances. Any damage to the Premises caused by Tenant’s move-in Section 7 hereof)shall be repaired or corrected by Tenant, at its sole cost and expense. Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord has Landlord’s Agents have made any representation representations or warranty with respect warranties as to the condition of all suitability or any portion fitness of the Premises or the Project, and/or the suitability of the Premises or the Project for the conduct of Tenant’s businessbusiness or for any other purpose, and Tenant waives nor has Landlord or Landlord’s Agents agreed to undertake any implied warranty that Alterations or construct any Improvements to the Premises or the Project are suitable for the Permitted Use. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein. Notwithstanding anything to the contrary except as expressly provided in this Lease, Landlord agrees that (a) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due Tenant fails to submit a casualty or Taking (as hereinafter defined)punch-list to Landlord within such 10-day period, such casualty or Taking it shall be deemed to have occurred during the Term of this Lease and the rights and obligations of Landlord and Tenant with respect to this Lease shall be governed by Section 18 that there are no Improvement items needing additional work or Section 19 of this Lease, as applicablerepair. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in the Work Letter), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete contractor shall complete all reasonable punch-list items within thirty (as defined in the Work Letter30) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment of the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruptionwalk-through inspection; provided, however, that notwithstanding anything to if such punch-list items cannot reasonably be completed within the contrary contained herein30-day period, in no event shall Landlord have any obligation to incur any additional or overtime costs to complete Landlord’s Workcontractor shall commence such performance within the 30-day period and diligently thereafter prosecute the same to completion. Notwithstanding anything to the contrary contained herein, for the period of 60 consecutive days after (i) the Lease Date, as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are required to be made to the Building and Building Systems serving the Premises, unless Tenant was responsible for the cause Upon completion of such repair, in which case Tenant shall pay the cost. Tenant shall have the right during the Term to use all the office furniture and equipment located within the Premises as of the date hereof that is owned by Landlord, as more specifically described on Exhibit G (“Landlord’s Property”). Tenant shall accept Landlord’s Property in its “as is” condition as of the Lease Date and shall return all of Landlord’s Property located in the Premises as of the Lease Date to Landlord upon the expiration or earlier termination of this Lease in the same condition as received, ordinary wear and tear excepted; provided, howeverpunch-list items, Tenant shall have the right approve such completed items in writing to remove the 3Landlord. If Tenant fails to approve such items within fourteen (14) days of completion, 8-foot chemical fume hoods in the chemistry lab of the Premises (the “Existing Fume Hoods”) provided that (i) Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage to the Premises caused such items shall be deemed approved by the removal of the Existing Fume HoodsTenant.

Appears in 1 contract

Samples: Lease (BigBand Networks, Inc.)

Acceptance of Premises. Tenant has been “AS-IS”. Other than Sublandlord’s obligation to deliver the FF&E and make the repairs (if any) described in possession of, and conducting business inthe last sentence of this Section 9, the Current Premises under shall be delivered to Subtenant in “AS-IS” and “WITH ALL FAULTS” condition without any representations and warranties with respect thereto by Sublandlord, its agents, officers, directors, employees, consultants or attorneys. Subtenant acknowledges and agrees that Sublandlord and its agents, officers, directors, employees, consultants and attorneys have made no representations, warranties or promises of any nature whatsoever with respect to the Nodality Sublease and expects to be Premises or any improvements located therein except as expressly set forth in this Sublease. The taking of possession of any Premises Component by Subtenant shall be conclusive evidence that Subtenant accepts the Expansion same “AS-IS” and “WITH ALL FAULTS” and that the Premises under are suited for the Poniard Sublease as of use intended by Subtenant and are in good and satisfactory condition at the Lease Date, time such possession was taken. Subtenant represents and intends warrants to continue conducting business in the Premises, without interruption, from and after the Lease Date. Further, since Sublandlord that (i) its sole intended use of the Current Premises will not be empty and/or unoccupied at any time prior is for general office use and related uses to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit extent permitted in accordance with the Current Premises in order to establish Master Lease (the condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for any defects in the Current Premises (whether latent or. patent“Permitted Use”) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of executing this Lease, Tenant accepts the Premises “as is”, in their condition as of the Lease Date, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements (as defined in Section 7 hereof). Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord Sublease it has made any representation or warranty such investigations as it deems appropriate with respect to the condition of all or any portion of the Premises or the Project, and/or the suitability of the Premises or the Project for the conduct of Tenant’s business, its intended use and Tenant waives any implied warranty has determined that the Premises or the Project are suitable for the Permitted Usesuch intended use. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein. Notwithstanding anything to the contrary in this Lease, Landlord agrees that (a) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard Sublandlord shall have no obligation whatsoever to construct any obligation improvements for Subtenant or to remove repair or restore any existing alterations in refurbish the Premises or other than any repairs necessary to remove or restore Landlordrepair any material damage caused by Sublandlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during the Term of this Lease and the rights and obligations of Landlord and Tenant with respect to this Lease shall be governed by Section 18 or Section 19 of this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in the Work Letter), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment of the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice vacation of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in no event shall Landlord have any obligation to incur any additional or overtime costs to complete Landlord’s Work. Notwithstanding anything to the contrary contained herein, for the period of 60 consecutive days after (i) the Lease Date, as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are required to be made to the Building and Building Systems serving the Premises, unless Tenant was responsible for the cause of such repair, in which case Tenant shall pay the cost. Tenant shall have the right during the Term to use all the office furniture and equipment located within the Premises as of the date hereof that is owned by Landlord, as more specifically described on Exhibit G (“Landlord’s Property”). Tenant shall accept Landlord’s Property in its “as is” condition as of the Lease Date and shall return all of Landlord’s Property located in the Premises as of the Lease Date to Landlord upon the expiration or earlier termination of this Lease in the same condition as received, Component other than ordinary wear and tear excepted; provided, however, Tenant shall have the right to remove the 3, 8-foot chemical fume hoods in the chemistry lab of the Premises (the “Existing Fume Hoods”) provided that (i) Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage tear. Prior to the actual delivery of any Premises caused Component, within thirty (30) days following Sublandlord’s receipt of a written request by the removal Subtenant to do so, Sublandlord and Subtenant shall conduct a joint walk-through of the Existing Fume Hoodssuch Premises Component to determine if Sublandlord is required to perform any repairs prior to delivering such Premises Component to Subtenant.

Appears in 1 contract

Samples: Service Agreement (Twilio Inc)

Acceptance of Premises. Tenant has been in possession of, and conducting business in, the Current Premises under the Nodality Sublease and expects to be in possession of the Expansion Premises under the Poniard Sublease acknowledges that as of the Lease Commencement Date, Tenant has inspected and intends to continue conducting business accepts the Premises in their present condition, “AS IS” (WITH ALL FAULTS), and as suitable for the Permitted Use and for Tenant’s intended operations in the Premises, without interruptionsubject only to any work to be performed by Landlord as specified in Exhibit C, from and as applicable, one punchlist submitted by Tenant to Landlord within 20 days after the Lease Date. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition Tenant takes possession of the Current Premises as (which punchlist shall, at Landlord’s election, be based on a joint inspection of the Current Premises Commencement Dateby Landlord and Tenant), and the System Warranty (as defined below) provided that Landlord shall have no liability for any defects in the Current Premises (whether latent or. patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work in the Premises except as specified in Exhibit C, the foregoing punchlist or to refurbish, finish, or otherwise alter in accordance with the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied at any time prior System Warranty. Tenant further acknowledges that no representations as to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition or repair of the Expansion Premises as nor promises to alter, remodel or improve the Premises have been made by Landlord or any agents of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as expressly set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Lease. However, Tenant accepts the Premises “as is”, in their condition as of the Lease Date, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements (as defined in Section 7 hereof). Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of all or any portion of the Premises or the Project, and/or the suitability of the Premises or the Project for the conduct of Tenant’s business, and Tenant waives any implied warranty that the Premises or the Project are suitable for the Permitted Use. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein. Notwithstanding anything to the contrary in this Lease, Landlord agrees that (a) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during the Term of this Lease and the rights and obligations of Landlord and Tenant with respect to this Lease shall be governed by Section 18 or Section 19 of this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in the Work Letter), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment of the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting notwithstanding the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends base Building electrical, heating, ventilation and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, air conditioning and plumbing systems located in no event shall Landlord have any obligation to incur any additional or overtime costs to complete Landlord’s Work. Notwithstanding anything to the contrary contained herein, for the period of 60 consecutive days after (i) the Lease Date, as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are required to be made to the Building and Building Systems serving the Premises, unless Tenant was responsible for the cause of such repair, in which case Tenant shall pay the cost. Tenant shall have the right during the Term to use all the office furniture and equipment located within the Premises shall be in good working order as of the date hereof that is owned Landlord delivers possession of the Premises to Tenant. Except to the extent caused by Landlord, as more specifically the acts or omissions of Tenant or any Tenant Party or by any alterations or improvements performed by or on behalf of Tenant (including the Tenant Work described on Exhibit G (“Landlord’s Property”C-1). Tenant shall accept Landlord’s Property , if such systems are not in its “as is” condition good working order as of the Lease Date and shall return all of Landlord’s Property located in the Premises as of the Lease Date to Landlord upon the expiration or earlier termination of this Lease in the same condition as received, ordinary wear and tear excepted; provided, however, Tenant shall have the right to remove the 3, 8-foot chemical fume hoods in the chemistry lab date possession of the Premises is delivered to Tenant and Tenant provides Landlord with notice of the same within 90 days following the date Landlord delivers possession of the Premises to Tenant, Landlord, at its cost, shall be responsible for repairing or restoring the same (the “Existing Fume HoodsSystem Warranty) provided that (i) Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage to the Premises caused by the removal of the Existing Fume Hoods).

Appears in 1 contract

Samples: Consent Agreement (NovaRay Medical, Inc.)

Acceptance of Premises. Tenant has been in possession of, and conducting business in, shall accept the Current Premises under the Nodality Sublease and expects to be in possession of the Expansion Premises under the Poniard Sublease as of the Lease Date, and intends to continue conducting business in the Premises, without interruption, from and after the Lease Date. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for any defects in the Current Premises (whether latent or. patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Lease, Tenant accepts the Premises “as is”, in their its condition as of the Lease Commencement Date, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements (as defined in Section 7 hereof)laws, ordinances, regulations, covenants and restrictions. Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord has made any no representation or warranty with respect as to the condition of all or any portion of the Premises or the Project, and/or the suitability of the Premises or the Project for the conduct of Tenant’s 's business, and Tenant waives any implied warranty that the Premises or the Project are suitable for the Permitted UseTenant's intended purposes. Landlord Except as provided in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein. Notwithstanding anything to the contrary in this Lease, Landlord agrees that (a) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during the Term of this Lease and the rights and obligations of Landlord and Tenant with respect to this Lease shall be governed by Section 18 or Section 19 of this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in the Work Letter), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment of the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained hereinParagraph 10, in no event shall Landlord have any obligation for any defects in the Premises or any limitation on its use. The taking of possession of the Premises shall be conclusive evidence that Tenant accepts the Premises and that the Premises were in good condition at the time possession was taken except for items that are Landlord's responsibility under Paragraph 10 and any punchlist items agreed to incur any additional or overtime costs to complete Landlord’s Workin writing by Landlord and Tenant. Notwithstanding anything any provision to the contrary contained hereinin the Lease, for at the period of 60 consecutive days after (i) the Lease Commencement Date, as Landlord's Work shall conform to all requirements of covenants, conditions, restrictions and encumbrances of record, unless modified by binding variance from the Current Premises governing entity ("CC&R's"), and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense (which all Legal Requirements applicable thereto. Tenant shall not constitute an Operating Expense), be responsible for any repairs that are required to be made construct or pay the cost of complying with any CC&R's, Legal Requirements requiring construction of improvements in the Premises which are properly capitalized under general accounting principles, unless such compliance is necessitated because of Tenant's particular use of the Premises or is mandated by Legal Requirements enacted, or applicable to the Building and Building Systems serving the Premises, unless Tenant was responsible subsequent to the Commencement Date. The parties' obligations and liability to each other with respect to Hazardous Materials shall not be governed by this Paragraph 2, but shall be governed by Paragraph 30 of this Lease. Landlord shall remain liable for correcting defects in Landlord's Work during the first 6 months of the Term and for the cause compliance with Legal Requirements of such repair, in which case Tenant shall pay the cost. Tenant shall have the right during the Term to use all the office furniture and equipment located within the Premises Landlord's Work as of the date hereof that is owned by Landlord, as more specifically described on Exhibit G (“Landlord’s Property”)Commencement Date. Tenant shall accept Landlord’s Property in its “as is” condition as of the Lease Date and shall return all of Landlord’s Property located in the Premises as of the Lease Date to Landlord upon the expiration or earlier termination of this Lease in the same condition as received, ordinary wear and tear excepted; provided, however, Tenant shall have the right to remove the 3, 8-foot chemical fume hoods in the chemistry lab of the Premises (the “Existing Fume Hoods”) provided that (i) Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage to the Premises caused by the removal of the Existing Fume Hoods.

Appears in 1 contract

Samples: Lease Agreement

Acceptance of Premises. Tenant has been in possession of, and conducting business in, the Current Premises under the Nodality Sublease and expects to be in possession of the Expansion Premises under the Poniard Sublease Except as of the Lease Date, and intends to continue conducting business in the Premises, without interruption, from and after the Lease Date. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for any defects in the Current Premises (whether latent or. patent) and, except as expressly set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Lease, Tenant accepts the Premises “as is”, in their condition as of the Lease Date, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements (as defined in Section 7 hereof). Tenant agrees and acknowledges that neither Landlord nor any agent representative of Landlord has made any representation or warranty with respect to the condition of all or any portion of the Premises or the Building or the suitability or fitness of either for any purpose, including without limitation any representations or warranties regarding zoning or other land use matters, and that neither Landlord nor any representative of Landlord has made any representations or warranties regarding (i) what other tenants or uses may be permitted or intended in the Building and the Project, and/or the suitability or (ii) any exclusivity of the Premises or the Project for the conduct of Tenant’s business, and Tenant waives any implied warranty that the Premises or the Project are suitable for the Permitted Use. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein. Notwithstanding anything to the contrary in this Lease, Landlord agrees that (a) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during the Term of this Lease and the rights and obligations of Landlord and use by Tenant with respect to this its permitted use of the Premises as set forth in Item 3 of the Basic Lease shall be governed by Section 18 Provisions. Tenant further acknowledges that neither Landlord nor any representative of Landlord has agreed to undertake any alterations or Section 19 of additions or construct any improvements to the Premises except as expressly provided in this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in The taking of possession or use of the Work Letter), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work Premises by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease purpose other than construction shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment of conclusively establish that the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting Building were in satisfactory condition and in conformity with the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in no event shall Landlord have any obligation to incur any additional or overtime costs to complete Landlord’s Work. Notwithstanding anything to the contrary contained herein, for the period of 60 consecutive days after (i) the Lease Date, as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are required to be made to the Building and Building Systems serving the Premises, unless Tenant was responsible for the cause of such repair, in which case Tenant shall pay the cost. Tenant shall have the right during the Term to use all the office furniture and equipment located within the Premises as of the date hereof that is owned by Landlord, as more specifically described on Exhibit G (“Landlord’s Property”). Tenant shall accept Landlord’s Property in its “as is” condition as of the Lease Date and shall return all of Landlord’s Property located in the Premises as of the Lease Date to Landlord upon the expiration or earlier termination provisions of this Lease in all respects, except for latent defects in the same condition construction of the Building and the Premises (as received, ordinary distinguished from wear and tear excepted; provided, however, of building components requiring replacement thereof) and those matters which Tenant shall have brought to Landlord's attention on a written punch list. The list shall be limited to any items required to be accomplished by Landlord under the right Work Letter attached as EXHIBIT X, and shall be delivered to remove Landlord within thirty (30) days after the 3, 8-foot chemical fume hoods term ("Term") of this Lease commences as provided in Article III below. Nothing contained in this Section shall affect the chemistry lab commencement of the Premises (Term or the “Existing Fume Hoods”) obligation of Tenant to pay rent. Landlord shall diligently complete all punch list items of which it is notified as provided that (i) Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage to the Premises caused by the removal of the Existing Fume Hoodsabove.

Appears in 1 contract

Samples: Industrial Lease (Scoop Inc/De)

Acceptance of Premises. Tenant has been in possession of, and conducting business in, the Current Premises under the Nodality Sublease and expects to be in possession of the Expansion Premises under the Poniard Sublease as of the Lease Date, and intends to continue conducting business in the Premises, without interruption, from and after the Lease Date. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for any defects in the Current Premises (whether latent or. patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Lease, Tenant accepts the Premises “as is”, in their condition as of the Lease Date, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements (as defined in Section 7 hereof). Tenant agrees and acknowledges that neither Landlord nor any agent representative of Landlord has made any representation or warranty with respect to the condition Premises, the Building or the Project or the suitability or fitness of all or either for any portion purpose, except as set forth in this Lease. Tenant acknowledges that the flooring materials which may be installed within portions of the Premises or located on the ground floor of the Building may be limited by the moisture content of the Building slab and underlying soils. Notwithstanding the foregoing, Landlord represents that, to the current, actual knowledge of Landlord’s property manager for the Project, and/or without the suitability duty of independent investigation or inquiry, the ground floor slabs of the Building do not have moisture issues. The Premises or shall be delivered to Tenant with all of the Project Building systems servicing the Premises in good working condition. Except for the conduct foregoing delivery obligations of TenantLandlord and Landlord’s business, express repair and Tenant waives any implied warranty that the Premises or the Project are suitable for the Permitted Use. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein. Notwithstanding anything to the contrary maintenance obligations set forth in this Lease, Landlord agrees that (a) Tenant’s continued occupancy the taking of possession or use of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during the Term of this Lease and the rights and obligations of Landlord and Tenant with respect to this Lease shall be governed by Section 18 or Section 19 of this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in the Work Letter), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease purpose other than construction shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment of conclusively establish that the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting Building were in satisfactory condition and in conformity with the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in no event shall Landlord have any obligation to incur any additional or overtime costs to complete Landlord’s Work. Notwithstanding anything to the contrary contained herein, for the period of 60 consecutive days after (i) the Lease Date, as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are required to be made to the Building and Building Systems serving the Premises, unless Tenant was responsible for the cause of such repair, in which case Tenant shall pay the cost. Tenant shall have the right during the Term to use all the office furniture and equipment located within the Premises as of the date hereof that is owned by Landlord, as more specifically described on Exhibit G (“Landlord’s Property”). Tenant shall accept Landlord’s Property in its “as is” condition as of the Lease Date and shall return all of Landlord’s Property located in the Premises as of the Lease Date to Landlord upon the expiration or earlier termination provisions of this Lease in the same condition as receivedall respects, ordinary wear and tear excepted; provided, however, except for those matters which Tenant shall have brought to Landlord’s attention on a written punch list. The punch list shall be limited to any items required to be accomplished by Landlord under the right Work Letter attached as Exhibit X, and shall be delivered to remove Landlord within 30 days after the 3Commencement Date (as defined herein). Subject to the Landlord Warranty (defined in Section 2.3 below), 8-foot chemical fume hoods in the chemistry lab taking of possession or use of the Premises (by Tenant for any purpose other than construction, moving furniture or equipment, and installing telephone and data cabling shall conclusively establish that the “Existing Fume Hoods”) provided that (i) Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods Premises and the PremisesBuilding were in satisfactory condition and in conformity with the provisions of this Lease in all respects, (ii) and Tenant delivers accepts the Existing Fume Hoods to improvements in their existing condition, and waives any right or claim against Landlord after removal and (iii) Tenant repairs any damage to the Premises caused by the removal arising out of the Existing Fume Hoodscondition of the Premises. Nothing contained in this Section 2.2 shall affect the commencement of the Term or the obligation of Tenant to pay rent. Landlord shall diligently complete all punch list items of which it is notified as provided above.

Appears in 1 contract

Samples: Lease (Evolus, Inc.)

Acceptance of Premises. Tenant has been in possession of, and conducting business in, the Current Premises under the Nodality Sublease and expects to be in possession of the Expansion Premises under the Poniard Sublease Except as of the Lease Date, and intends to continue conducting business in the Premises, without interruption, from and after the Lease Date. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for any defects in the Current Premises (whether latent or. patent) and, except as specifically set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Lease, Tenant accepts the Premises “as is”, in their condition as of the Lease Date, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements (as defined in Section 7 hereof). Tenant agrees and acknowledges that neither Landlord nor any agent representative of Landlord has made any representation or warranty with respect to the condition of all or any portion of the Premises or the Building or the suitability or fitness of either for any purpose, including, without limitation, any representations or warranties regarding zoning or other land use matters, and that neither Landlord nor any representative of Landlord has made any representations or warranties regarding (i) what other tenants or uses may be permitted or intended in the Building and the Project, and/or the suitability or (ii) any exclusivity of the Premises or the Project for the conduct of Tenant’s business, and Tenant waives any implied warranty that the Premises or the Project are suitable for the Permitted Use. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein. Notwithstanding anything to the contrary in this Lease, Landlord agrees that (a) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during the Term of this Lease and the rights and obligations of Landlord and use by Tenant with respect to this its permitted use of the Premises as set forth in Item 3 of the Basic Lease shall be governed by Section 18 Provisions. Tenant further acknowledges that neither Landlord nor any representative of Landlord has agreed to undertake any alterations or Section 19 of additions or construct any improvements to the Premises except as expressly provided in this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in The taking of possession or use of the Work Letter), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work Premises by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, purpose other than construction shall conclusively establish that the Premises and the Building were in satisfactory condition and in conformity with the provisions of this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such datein all respects, as so extended, the “Outside Delivery Date”), then except for: (i) Base Rent under this Lease those matters which Tenant shall xxxxx by one day for each day of delay in Substantial Completion of have brought to Landlord’s Work beyond the Outside Delivery Date 's attention on a written punch list and (ii) the Base Term Landlord's obligations under Section 2.5 hereof. The list shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees limited to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment of the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in no event shall Landlord have any obligation to incur any additional or overtime costs to complete Landlord’s Work. Notwithstanding anything to the contrary contained herein, for the period of 60 consecutive days after (i) the Lease Date, as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are items required to be made to accomplished by Landlord under the Building and Building Systems serving the PremisesWork Letter attached as Exhibit X, unless Tenant was responsible for the cause of such repair, in which case Tenant shall pay the cost. Tenant shall have the right during the Term to use all the office furniture and equipment located within the Premises as of the date hereof that is owned by Landlord, as more specifically described on Exhibit G (“Landlord’s Property”). Tenant shall accept Landlord’s Property in its “as is” condition as of the Lease Date and shall return all of Landlord’s Property located in the Premises as of the Lease Date be delivered --------- to Landlord upon within sixty (60) days after the expiration or earlier termination term ("Term") of this Lease commences as provided in Article III below. Nothing contained in this Section shall affect the same condition as received, ordinary wear and tear excepted; provided, however, Tenant shall have the right to remove the 3, 8-foot chemical fume hoods in the chemistry lab commencement of the Premises Term or the obligation of Tenant to pay rent, or Landlord's covenants and agreements set forth elsewhere in this Lease or the repairs and services required of Landlord under this Lease. Landlord shall complete all punch list items of which it is notified as provided above within thirty (30) days following the “Existing Fume Hoods”) delivery of the punch list to Landlord; provided that Landlord shall diligently complete any punch list items which, despite Landlord's diligence, cannot be completed within said thirty (i30) Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage to the Premises caused by the removal of the Existing Fume Hoodsdays.

Appears in 1 contract

Samples: New Century Financial Corp

Acceptance of Premises. Tenant acknowledges that Tenant has been in possession of, inspected and conducting business in, the Current Premises under the Nodality Sublease and expects to be in possession of the Expansion Premises under the Poniard Sublease as of the Lease Date, and intends to continue conducting business in the Premises, without interruption, from and after the Lease Date. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for any defects in the Current Premises (whether latent or. patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Lease, Tenant accepts the Premises “as is”, in their condition as of the Lease Datepresent condition, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements “AS IS” (as defined in Section 7 hereofWITH ALL FAULTS). Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of all or any portion of the Premises or the Project, and/or the suitability of the Premises or the Project for the conduct of Tenant’s business, and Tenant waives any implied warranty that the Premises or the Project are as suitable for the Permitted Use. Landlord in executing this Lease does so in reliance upon Use and for Tenant’s representationsintended operations in the Premises. Tenant further acknowledges that no representations as to the condition or repair of the Premises nor promises to alter, warranties, acknowledgments and agreements contained hereinremodel or improve the Premises have been made by Landlord or any agents of Landlord except as expressly set forth in this Lease. Notwithstanding anything to the contrary in this Leaseset forth herein, Landlord agrees that (a) Tenant’s continued occupancy of except to the Current Premises following the Current Premises Commencement Date extent caused by Tenant or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during the Term of this Lease and the rights and obligations of Landlord and Tenant with respect to this Lease shall be governed by Section 18 or Section 19 of this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay Party (as defined in the Work LetterSection 4.2), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before base Building electrical, heating, ventilation and air conditioning, mechanical and plumbing systems servicing the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date Premises shall be extended for delays resulting from Force Majeure in good and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment of the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in no event shall Landlord have any obligation to incur any additional or overtime costs to complete Landlord’s Work. Notwithstanding anything to the contrary contained herein, for the period of 60 consecutive days after (i) the Lease Date, as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are required to be made to the Building and Building Systems serving the Premises, unless Tenant was responsible for the cause of such repair, in which case Tenant shall pay the cost. Tenant shall have the right during the Term to use all the office furniture and equipment located within the Premises working order as of the date hereof that is owned by Landlord, as more specifically described on Exhibit G (“Landlord’s Property”). Tenant shall accept Landlord’s Property in its “as is” condition as of the Lease Date and shall return all of Landlord’s Property located in the Premises as of the Lease Date to Landlord upon the expiration or earlier termination of this Lease in the same condition as received, ordinary wear and tear excepted; provided, however, Tenant shall have the right to remove the 3, 8-foot chemical fume hoods in the chemistry lab delivers possession of the Premises (to Tenant. If the “Existing Fume Hoods”) foregoing are not in good and working order as provided above, Landlord shall be responsible for repairing or restoring same at its cost and expense promptly, provided that (i) Tenant removes has delivered written notice thereof to Landlord not later than 60 days following the Existing Fume Hoods date Landlord delivers possession of the Premises to Tenant. Notwithstanding the foregoing, Tenant, and not Landlord, shall be responsible, at its cost, for any repairs and for the correction of any defects that arise out of or in a manner reasonably calculated connection with the specific nature of Tenant’s business, the acts or omissions of Tenant or any Tenant Party, any repairs, alterations, additions or improvements performed by or on behalf of Tenant, including the Initial Alterations described in Exhibit C, and any design or configuration of the Premises created by or for Tenant which specifically results in the need for such repair to avoid damage to both the Existing Fume Hoods and base Building systems servicing the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage to the Premises caused by the removal of the Existing Fume Hoods.

Appears in 1 contract

Samples: Office Lease (Cepheid)

Acceptance of Premises. Tenant has been in possession ofExcept as provided below, and conducting business in, the Current Premises under the Nodality Sublease and expects to be in by taking possession of the Expansion Premises, Tenant accepts and acknowledges the Premises under as being in good and sanitary order, condition and repair and accepts them in their then-existing condition providing the Poniard Sublease building and improvements shall comply with all applicable laws, codes, and ordinances. Notwithstanding the foregoing, however, Landlord hereby acknowledges that Landlord shall be responsible for repairing the air conditioning support structure on the roof of the Premises. Landlord hereby agrees to cooperate with Tenant in order to cause the air conditioning support system on the roof to be properly repaired at the same time as Tenant undertakes to replace the roof membrane. Should it be established by a structural engineer prior to the replacement of the roof membrane that the roof structure requires repair, Landlord hereby agrees to cooperate with Tenant in order to cause repairs to the roof structure as may be required to be made at the same time as Tenant undertakes to replace the roof membrane pursuant to Section 17 of this Lease. Landlord shall be solely responsible for the costs of upgrading the air conditioning support system and for the repairs necessary to the roof structure and Tenant shall be solely responsible for the costs of replacing the roof membrane. Notwithstanding the foregoing or anything to the contrary contained in this Lease, Landlord shall also be obligated to deliver the Premises in broom clean condition, free of debris, with all building and other improvements in existence as of the date of the execution of this Lease Date, and intends to continue conducting business in the Premises, without interruption, from and after the Lease Date. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior by Tenant except as related to the Current Premises Commencement Date and Landlord will have no opportunity laboratory construction commenced by Tenant as subtenant to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for any defects in the Current Premises (whether latent or. patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Lease, Tenant accepts the Premises “as is”, in their condition as of the Lease Date, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements (as defined in Section 7 hereof)Norian Corporation. Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord its agent(s) has made any representation or warranty with respect as to the condition of all suitability or any portion fitness of the Premises or the Project, and/or the suitability of the Premises or the Project for the conduct of Tenant’s business's business or for any other purpose, and nor has Landlord agreed to undertake any modification, alteration or improvement to the Premises except as expressly provided in this Lease. Except as provided above, the taking of possession of the Premises by Tenant waives any implied warranty shall conclusively establish that the Premises or were at such time in satisfactory condition unless within thirty (30) days after such date Tenant shall give Landlord written notice specifying in reasonable detail the Project are suitable for respects in which the Permitted UsePremises were not in satisfactory condition. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein. Notwithstanding anything also hereby assigns to the contrary in this Lease, Landlord agrees that (a) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during the Term of this Lease and the rights and obligations of Landlord and Tenant all warranties with respect to this Lease shall be governed by Section 18 or Section 19 of this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in the Work Letter), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment of the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends which would reduce Tenant's maintenance obligations hereunder and shall endeavor cooperate with Tenant to provide Tenant with at least 5 business days prior notice of any enforce all such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in no event shall Landlord have any obligation to incur any additional or overtime costs to complete Landlord’s Work. Notwithstanding anything to the contrary contained herein, for the period of 60 consecutive days after (i) the Lease Date, as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are required to be made to the Building and Building Systems serving the Premises, unless Tenant was responsible for the cause of such repair, in which case Tenant shall pay the cost. Tenant shall have the right during the Term to use all the office furniture and equipment located within the Premises as of the date hereof that is owned by Landlord, as more specifically described on Exhibit G (“Landlord’s Property”). Tenant shall accept Landlord’s Property in its “as is” condition as of the Lease Date and shall return all of Landlord’s Property located in the Premises as of the Lease Date to Landlord upon the expiration or earlier termination of this Lease in the same condition as received, ordinary wear and tear excepted; provided, however, Tenant shall have the right to remove the 3, 8-foot chemical fume hoods in the chemistry lab of the Premises (the “Existing Fume Hoods”) provided that (i) Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage to the Premises caused by the removal of the Existing Fume Hoodswarranties.

Appears in 1 contract

Samples: Single Tenant Lease Agreement (Durect Corp)

Acceptance of Premises. Tenant has been in possession of, and conducting business in, the Current Premises under the Nodality Sublease and expects to be in possession of the Expansion Premises under the Poniard Sublease as of the Lease Date, and intends to continue conducting business in the Premises, without interruption, from and after the Lease Date. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for any defects in the Current Premises (whether latent or. patent) andacknowledges that, except as set forth expressly provided in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Lease, Tenant accepts the Premises “as is”, in their condition as of the Lease Date, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements (as defined in Section 7 hereof). Tenant agrees and acknowledges that neither Landlord nor any agent representative of Landlord has made any representation or warranty with respect to the condition Premises or the Building or the suitability or fitness of all either for any purpose, including without limitation any representations or warranties regarding zoning or other land use matters, and that neither Landlord nor any portion representative of Landlord has made any representations or warranties regarding (i) what other tenants or uses may be permitted or intended in the Building and the Project, or (ii) any exclusivity of use by Tenant with respect to its permitted use of the Premises as set forth in Item 3 of the Basic Lease Provisions. Tenant further acknowledges that neither Landlord nor any representative of Landlord has agreed to undertake any alterations or additions or construct any improvements to the Project, and/or the suitability Premises except as expressly provided in this Lease. The taking of possession or use of the Premises or the Project by Tenant for the conduct of Tenant’s business, and Tenant waives any implied warranty purpose other than construction shall conclusively establish that the Premises or and the Project are suitable for Building were in satisfactory condition and in conformity with the Permitted Use. Landlord in executing provisions of this Lease does so in reliance upon Tenant’s representationsall respects, warrantiesexcept for (i) those matters which Tenant shall have brought to Landlord's attention on a written punch list, acknowledgments which list shall be limited to any items required to be accomplished by Landlord under the Work Letter attached as Exhibit X, and agreements contained herein. Notwithstanding anything to the contrary (ii) Landlord's other obligations specifically provided in this Lease, Landlord agrees that (a) Tenant’s continued occupancy of including without limitation, the Current Premises following responsibilities contained in Section 2.4 hereof. After the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant Tenant Improvements to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or are substantially completed (excepting punch list items) and prior to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during the Term of this Lease and the rights and obligations of Landlord and Tenant with respect to this Lease shall be governed by Section 18 or Section 19 of this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in the Work Letter), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Commencement Date, Landlord shall cause the General Contractor to Inspect the Premises with the Tenant's representative and complete a punch list of unfinished or incorrect items of the Tenant Improvements. Authorized representatives for the Landlord and Tenant shall execute said punch list to indicate their approval thereof not later than thirty (30) days from and after the Commencement Date. The items listed on such punch list shall be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work completed by the date which is 70 Landlord within thirty (30) days after the Lease Date (which date approval of such punch list or as soon thereafter as reasonably practicable. Nothing contained in this Section shall be extended for delays resulting from Force Majeure and affect the commencement of the Term or the obligation of Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Dateto pay rent. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner shall diligently complete all punch list items of which does not unreasonably interfere with Tenant’s use and enjoyment of the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in no event shall Landlord have any obligation to incur any additional or overtime costs to complete Landlord’s Work. Notwithstanding anything to the contrary contained herein, for the period of 60 consecutive days after (i) the Lease Date, is notified as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are required to be made to the Building and Building Systems serving the Premises, unless Tenant was responsible for the cause of such repair, in which case Tenant shall pay the cost. Tenant shall have the right during the Term to use all the office furniture and equipment located within the Premises as of the date hereof that is owned by Landlord, as more specifically described on Exhibit G (“Landlord’s Property”). Tenant shall accept Landlord’s Property in its “as is” condition as of the Lease Date and shall return all of Landlord’s Property located in the Premises as of the Lease Date to Landlord upon the expiration or earlier termination of this Lease in the same condition as received, ordinary wear and tear excepted; provided, however, Tenant shall have the right to remove the 3, 8-foot chemical fume hoods in the chemistry lab of the Premises (the “Existing Fume Hoods”) provided that (i) Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage to the Premises caused by the removal of the Existing Fume Hoodsabove.

Appears in 1 contract

Samples: Industrial Lease (Discovery Partners International Inc)

Acceptance of Premises. By taking possession hereunder, Tenant acknowledges that it has been examined the Premises and accepts the condition thereof, subject to the provisions of Section 25.8 below. Tenant acknowledges and agrees that, subject to the provisions of Section 25.8 below, Landlord has no obligation to improve the Premises other than as set forth specifically in possession ofthis Lease, if at all. In particular, Tenant acknowledges that any additional improvements or alterations needed to accommodate Tenant's intended use shall be made solely at Tenant's sole cost and expense, and conducting business instrictly in accordance with the requirements of this Lease (including the requirement to obtain Landlord's consent thereto), the Current Premises under the Nodality Sublease unless such improvements and expects to be in possession alterations are specifically required of the Expansion Premises under the Poniard Sublease as of the Lease Date, and intends to continue conducting business in the Premises, without interruption, from and after the Lease DateLandlord. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for any defects in the Current Premises (whether latent or. patent) and, except as set forth in the Work Letter, shall have no obligation responsibility to perform do any work required under any building codes or other governmental requirements not in effect or applicable at the time the Premises were constructed, including without limitation any requirements related to refurbishsprinkler retrofitting, finishseismic structural requirements, accommodation of disabled persons, or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Lease, Tenant accepts the Premises “as is”, in their condition as of the Lease Date, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements (as defined in Section 7 hereof). Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of all or any portion of the Premises or the Project, and/or the suitability of the Premises or the Project for the conduct of Tenant’s business, and Tenant waives any implied warranty that the Premises or the Project are suitable for the Permitted Use. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein. Notwithstanding anything to the contrary in this Lease, Landlord agrees that (a) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during the Term of this Lease and the rights and obligations of Landlord and Tenant with respect to this Lease shall be governed by Section 18 or Section 19 of this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in the Work Letter), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment of the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in no event shall Landlord have any obligation to incur any additional or overtime costs to complete Landlord’s Workhazardous materials. Notwithstanding anything to the contrary contained herein, for Landlord hereby represents that it shall deliver the period of 60 consecutive days after (i) the Lease Date, as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as Center to the Expansion Premises, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are required to be made to the Building and Building Systems serving the Premises, unless Tenant was responsible for the cause of such repairTenant, in good condition and repair with all building systems in good working order. Landlord shall be under no obligation to provide utility, telephone or other service or access beyond that which case Tenant shall pay the cost. Tenant shall have the right during the Term to use all the office furniture and equipment located within exists at the Premises as of the date hereof of this Lease, unless Landlord specifically agrees in writing to provide the same. If it is anticipated that is owned Tenant will be doing any Alterations or installations prior to taking occupancy, any delays encountered by LandlordTenant in accomplishing such work or obtaining any required permits therefor shall not delay the Commencement Date or the date that Tenant becomes liable to pay rent, as more specifically described on Exhibit G (“Landlord’s Property”). Tenant shall accept Landlord’s Property in its “as is” condition as or the date that Landlord may effectively deliver possession of the Lease Date and shall return all Premises to Tenant. By taking possession hereunder, Tenant acknowledges that it accepts the square footage of Landlord’s Property located in the Premises as delivered and as stated in this Lease. No discovery or alleged discovery after such acceptance of any variance in such square footage as set forth in this Lease (or in any proposal, advertisement or other description thereof) shall be grounds for any adjustment in any component of the Lease Date to Landlord upon the expiration or earlier termination of this Lease in the same condition as received, ordinary wear and tear excepted; provided, however, Tenant shall have the right to remove the 3, 8-foot chemical fume hoods in the chemistry lab of the Premises (the “Existing Fume Hoods”) provided that (i) Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage to the Premises caused by the removal of the Existing Fume Hoodsrent payable hereunder.

Appears in 1 contract

Samples: Genetronics Biomedical Corp

Acceptance of Premises. Tenant has been in possession of, and conducting business in, the Current Premises under the Nodality Sublease and expects to be in possession of the Expansion Premises under the Poniard Sublease as of the Lease Date, and intends to continue conducting business in the Premises, without interruption, from and after the Lease Date. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for any defects in the Current Premises (whether latent or. patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Lease, Tenant accepts deliver the Premises “as is”to tenant with all interior glass, doors, door closures, hardware, fixtures, electrical, plumbing, life-safety and HVAC in their good working order, condition as of the Lease Date, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements (as defined in Section 7 hereof)and repair. Tenant agrees and acknowledges that neither Landlord nor any agent representative of Landlord has made any representation or warranty with respect to the condition Premises, the Building or the Project or the suitability or fitness of all or either for any portion purpose, except as set forth in this Lease. Tenant acknowledges that the flooring materials which may be installed within portions of the Premises located on the ground floor of the Building may be limited by the moisture content of the Building slab and underlying soils. The taking of possession or the Project, and/or the suitability use of the Premises or the Project by Tenant for the conduct of Tenant’s business, and Tenant waives any implied warranty purpose other than construction shall conclusively establish that the Premises or and the Project are suitable for Building were in satisfactory condition and in conformity with the Permitted Use. Landlord in executing provisions of this Lease does so in reliance upon Tenant’s representationsall respects, warranties, acknowledgments and agreements contained hereinexcept for those matters which Tenant shall have brought to Landlord‘s attention on a written punch list. Notwithstanding anything The punch list shall be limited to the contrary in this Lease, Landlord agrees that any items required to (a) Tenant’s continued occupancy comply with the requirements set forth in the first sentence of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Datethis Section 2.2, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in be accomplished by Landlord under the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking Work Letter (if any) attached as hereinafter defined)Exhibit X, such casualty or Taking and shall be deemed delivered to have occurred during Landlord within 30 days after the Term of this Lease and the rights and obligations of Landlord and Tenant with respect to this Lease shall be governed by Section 18 or Section 19 of this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay Commencement Date (as defined in the Work Letter), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”herein). If Landlord fails to complete Landlord’s Work by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion no punch list items are required of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended , by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment taking possession of the Premises under Tenant accepts the Nodality Sublease improvements in their existing condition, and waives any right or claim against Landlord arising out of the Poniard Subleasecondition of the Premises. Without limiting Nothing contained in this Section 2.2 shall affect the foregoing, Landlord agrees that it shall endeavor commencement of the Term or the obligation of Tenant to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in no event shall Landlord have any obligation to incur any additional or overtime costs to complete Landlord’s Workpay rent. Notwithstanding anything to the contrary contained herein, for the period of 60 consecutive days after (i) the Lease Date, as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense (which shall and not constitute an as Operating Expense), be responsible for any repairs that are required to be made to the Building and Building Systems serving the Premises, unless Tenant was responsible for the cause diligently complete all punch list items of such repair, in which case Tenant shall pay the cost. Tenant shall have the right during the Term to use all the office furniture and equipment located within the Premises it is notified as of the date hereof that is owned by Landlord, as more specifically described on Exhibit G (“Landlord’s Property”). Tenant shall accept Landlord’s Property in its “as is” condition as of the Lease Date and shall return all of Landlord’s Property located in the Premises as of the Lease Date to Landlord upon the expiration or earlier termination of this Lease in the same condition as received, ordinary wear and tear excepted; provided, however, Tenant shall have the right to remove the 3, 8-foot chemical fume hoods in the chemistry lab of the Premises (the “Existing Fume Hoods”) provided that (i) Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage to the Premises caused by the removal of the Existing Fume Hoodsabove.

Appears in 1 contract

Samples: Lease (BioNano Genomics, Inc)

Acceptance of Premises. By taking possession hereunder, Tenant acknowledges that it has been examined the Premises and accepts the condition thereof. Tenant acknowledges and agrees that Landlord has no obligation to improve the Premises other than as set forth specifically in possession ofthis Lease, if at all. In particular, Tenant acknowledges that any additional improvements or alterations needed to accommodate Tenant’s intended use shall be made solely at Tenant’s sole cost and expense, and conducting business instrictly in accordance with the requirements of this Lease (including the requirement to obtain Landlord’s consent thereto), the Current Premises under the Nodality Sublease unless such improvements and expects to be in possession alterations are specifically required of the Expansion Premises under the Poniard Sublease as of the Lease Date, and intends to continue conducting business in the Premises, without interruption, from and after the Lease DateLandlord. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for responsibility to do any defects work required under any building codes or other governmental requirements not in effect or applicable at the Current time the Premises (whether latent orwere constructed, including without limitation any requirements related to sprinkler retrofitting, seismic structural requirements, accommodation of disabled persons, or hazardous materials. patent) and, except as set forth in the Work Letter, Landlord shall have be under no obligation to perform any work provide utility, telephone or to refurbish, finish, other service or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied access beyond that which exists at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Lease, Tenant accepts the Premises “as is”, in their condition as of the Lease Date, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements (as defined in Section 7 hereof). Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of all or any portion of the Premises or the Project, and/or the suitability of the Premises or the Project for the conduct of Tenant’s business, and Tenant waives any implied warranty that the Premises or the Project are suitable for the Permitted Use. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein. Notwithstanding anything to the contrary in this Lease, Landlord agrees that (a) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during the Term of this Lease and the rights and obligations of Landlord and Tenant with respect to this Lease shall be governed by Section 18 or Section 19 of this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in the Work Letter), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment of the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in no event shall Landlord have any obligation to incur any additional or overtime costs to complete Landlord’s Work. Notwithstanding anything to the contrary contained herein, for the period of 60 consecutive days after (i) the Lease Date, as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are required to be made to the Building and Building Systems serving the Premises, unless Tenant was responsible for the cause of such repair, in which case Tenant shall pay the cost. Tenant shall have the right during the Term to use all the office furniture and equipment located within the Premises as of the date hereof of this Lease, unless Landlord specifically agrees in writing to provide the same. If it is anticipated that is owned Tenant will be doing any Alterations or installations prior to taking occupancy, any delays encountered by LandlordTenant in accomplishing such work or obtaining any required permits therefor shall not delay the Commencement Date or the date that Tenant becomes liable to pay rent, as more specifically described on Exhibit G (“Landlord’s Property”). Tenant shall accept Landlord’s Property in its “as is” condition as or the date that Landlord may effectively deliver possession of the Lease Date and shall return all Premises to Tenant. By taking possession hereunder, Tenant acknowledges that it accepts the square footage of Landlord’s Property located in the Premises as delivered and as stated in this Lease. No discovery or alleged discovery after such acceptance of any variance in such square footage as set forth in this Lease (or in any proposal, advertisement or other description thereof) shall be grounds for any adjustment in any element of the Lease Date to rent payable hereunder, unless such adjustment is initiated by and implemented by Landlord upon the expiration in writing. Landlord has provided or earlier termination of this Lease in the same condition as received, ordinary wear will provide Tenant with Landlord’s measurement and tear excepted; provided, however, Tenant shall have the right to remove the 3, 8-foot chemical fume hoods in the chemistry lab calculation of the Premises (the “Existing Fume Hoods”) provided that (i) Tenant removes the Existing Fume Hoods in a manner reasonably calculated leased square footage prior to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage to the Premises caused by the removal execution of the Existing Fume HoodsLease.

Appears in 1 contract

Samples: Office Lease (Evoke Pharma Inc)

Acceptance of Premises. Section 3 of the Lease is deleted and restated ---------------------- as follows: "Landlord represents to Tenant that the Property is zoned BC (Business Campus District). Tenant has been in possession ofgiven the opportunity to examine Township's Zoning Code, and conducting business in, has satisfied itself that such Code will permit the Current Premises under the Nodality Sublease and expects to be in possession use of the Expansion Premises under Property for the Poniard Sublease as conducting of Tenant's business thereon. Tenant's acceptance of occupancy of the Lease Date, and intends to continue conducting business in the Premises, without interruption, from and after the Lease Date. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for any defects in the Current Premises (whether latent or. patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Lease, Tenant accepts the Premises “as is”, in their condition as of the Lease Date, without any qualifications, restrictions, or limitationsshall, subject to all applicable Legal Requirements (such obligations as defined in Section 7 hereof). Tenant agrees are assumed by Landlord hereunder, and acknowledges that neither Landlord nor any agent of Landlord has made any representation or subject to Landlord's warranty with respect to the condition of all or any portion obligations as hereinafter described, constitute Tenant's acceptance of the Premises or the Project, and/or the suitability of the Premises or the Project for the conduct of Tenant’s businesswork which Landlord is required to perform pursuant to subsection 30(c), and Tenant waives any implied warranty that the Premises schedule or the Project are suitable for the Permitted Use. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein. Notwithstanding anything to the contrary exhibit in this Leaselease, Landlord agrees that (a) Tenant’s continued occupancy of excepting only items listed on the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking Punch List (as hereinafter defined). Tenant and its agents shall have the right, such casualty at Tenant's own risk, expense, and responsibility, at all reasonable times prior to the Commencement Date, upon reasonable prior notice to Landlord, to enter the Premises for the purpose of taking measurements and installing its furnishings and equipment; provided that Tenant does not interfere with or Taking shall delay the work to be deemed performed by Landlord and Tenant uses contractors and workers compatible with the contractors and workers engaged by Landlord. At or immediately prior to have occurred during the Term time Tenant takes occupancy of this Lease each of Phase I and the rights and obligations Phase II, a representative of Landlord and a representative of Tenant with respect to this Lease shall be governed by Section 18 or Section 19 will perform a walk-through inspection of this Leasesuch Phase and will prepare a punch list, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in the Work Letter)if one is required, Landlord shall use reasonable efforts to cause Landlord’s Work of any items remaining to be Substantially Complete completed, furnished, repaired, or replaced (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”"Punch List"). If Such Punch List will be signed by a representative of Landlord fails to complete Landlord’s Work by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day a representative of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery DateTenant. Landlord agrees to use reasonable efforts cause all items listed on such Punch List to perform Landlord’s Work be performed within thirty (30) days or such longer period as shall be reasonably required in a manner which does not unreasonably interfere with Tenant’s use and enjoyment of the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in no event shall Landlord have any obligation to incur any additional or overtime costs order to complete Landlord’s Work. Notwithstanding anything to the contrary contained herein, for the period of 60 consecutive days after (i) the Lease Date, as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are required to be made to the Building and Building Systems serving the Premises, unless Tenant was responsible for the cause of such repair, in which case Tenant shall pay the cost. Tenant shall have the right during the Term to use all the office furniture and equipment located within the Premises as of the date hereof that is owned by Landlord, as more specifically described on Exhibit G (“Landlord’s Property”). Tenant shall accept Landlord’s Property in its “as is” condition as of the Lease Date and shall return all of Landlord’s Property located in the Premises as of the Lease Date to Landlord upon the expiration or earlier termination of this Lease in the same condition as received, ordinary wear and tear excepted; provided, however, Tenant shall have the right to remove the 3, 8-foot chemical fume hoods in the chemistry lab of the Premises (the “Existing Fume Hoods”) provided that (i) Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage to the Premises caused by the removal of the Existing Fume Hoodsitems with reasonable diligence."

Appears in 1 contract

Samples: Agreement of Lease (Verticalnet Inc)

Acceptance of Premises. Landlord shall deliver the Premises to Tenant has been on or before May 24, 2000 (the "Delivery Date") clean and free of all debris and all prior occupants and their personal property, in possession of, and conducting business in, the Current Premises under the Nodality Sublease and expects order for Tenant to be in possession begin its work of construction of the Expansion Premises under Tenant Improvements in accordance with the Poniard Sublease as terms of the Lease Date, and intends to continue conducting business in the Premises, without interruption, from and after the Lease Date. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for any defects in the Current Premises (whether latent or. patent) andEXHIBIT X. Tenant acknowledges that, except as set forth expressly provided in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Lease, Tenant accepts the Premises “as is”, in their condition as of the Lease Date, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements (as defined in Section 7 hereof). Tenant agrees and acknowledges that neither Landlord nor any agent representative of Landlord has made any representation or warranty with respect to the condition Premises or the Building or the suitability or fitness of all either for any purpose, including without limitation any representations or warranties regarding zoning or other land use matters, and that neither Landlord nor any portion representations of Landlord has made any representations or warranties regarding (i) what other tenants or uses may be permitted or intended in the Building and the Project, or (ii) any exclusivity of use by Tenant with respect to its permitted use of the Premises as set forth in Item 3 of the Basic Lease Provisions. Tenant further acknowledges that neither Landlord nor any representative of Landlord has agreed to undertake any alterations or additions or construct any improvements to the Project, and/or the suitability Premises except as expressly provided in this Lease. The taking of possession or use of the Premises or the Project by Tenant for the conduct of Tenant’s business, and Tenant waives any implied warranty purpose other than construction shall conclusively establish that the Premises or and the Project are suitable for Building were in satisfactory condition and in conformity with the Permitted Use. Landlord in executing provisions of this Lease does so in reliance upon Tenant’s representationsall respects, warranties, acknowledgments and agreements contained herein. Notwithstanding anything to the contrary except for Landlord's obligations specifically provided in this Lease, Landlord agrees that (a) Tenant’s continued occupancy including without limitation, the responsibilities contained in Section 2.4 hereof. After the Tenant Improvements to the Premises are substantially completed Tenant shall cause the General Contractor to inspect the Premises with the Landlord's representative and complete a punch list of unfinished or incorrect items of the Current Premises following Tenant Improvements. Authorized representatives for the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during the Term of this Lease and the rights and obligations of Landlord and Tenant with respect shall execute said punch list to this Lease indicate their approval thereof not later than thirty (30) days from and after the Commencement Date. The items listed on such punch list shall be governed completed by Section 18 or Section 19 of this Lease, as applicable. Subject to delays resulting from Force Majeure and the Tenant Delay within thirty (as defined in the Work Letter), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter30) on or before the date which is 56 days after the Lease Date (“Target Completion Date”)approval of such punch list or as soon thereafter as reasonably practicable. If Landlord fails to complete Landlord’s Work by Nothing contained in this Section shall affect the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment commencement of the Premises under Term or the Nodality Sublease and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor obligation of Tenant to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in no event shall Landlord have any obligation to incur any additional or overtime costs to complete Landlord’s Work. Notwithstanding anything to the contrary contained herein, for the period of 60 consecutive days after (i) the Lease Date, as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are required to be made to the Building and Building Systems serving the Premises, unless Tenant was responsible for the cause of such repair, in which case Tenant shall pay the costrent. Tenant shall have the right during the Term to use diligently complete all the office furniture and equipment located within the Premises punch list items of which it is notified as of the date hereof that is owned by Landlord, as more specifically described on Exhibit G (“Landlord’s Property”). Tenant shall accept Landlord’s Property in its “as is” condition as of the Lease Date and shall return all of Landlord’s Property located in the Premises as of the Lease Date to Landlord upon the expiration or earlier termination of this Lease in the same condition as received, ordinary wear and tear excepted; provided, however, Tenant shall have the right to remove the 3, 8-foot chemical fume hoods in the chemistry lab of the Premises (the “Existing Fume Hoods”) provided that (i) Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage to the Premises caused by the removal of the Existing Fume Hoodsabove.

Appears in 1 contract

Samples: Industrial Lease (Omm Inc)

Acceptance of Premises. Tenant has been in possession of, and conducting business in, the Current Premises under the Nodality Sublease and expects to be in possession of the Expansion Premises under the Poniard Sublease as of the Lease Date, and intends to continue conducting business in the Premises, without interruption, from and after the Lease Date. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior Subject only to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for any defects in the Current Premises (whether latent or. patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery fourth sentence of this LeaseParagraph 6, Tenant Subtenant acknowledges that it has inspected the Premises and that it accepts the Premises “as is”, in their condition as of the Lease Date, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements (as defined in Section 7 hereof). Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of all or any portion of the Premises or the Project, and/or the suitability of the Premises or the Project for the conduct of Tenant’s business, and Tenant waives any implied warranty that the Premises or the Project are suitable for the Permitted Use. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein. Notwithstanding anything to the contrary in this Lease, Landlord agrees that (a) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during the Term of this Lease and the rights and obligations of Landlord and Tenant with respect to this Lease shall be governed by Section 18 or Section 19 of this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in the Work Letter), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment of the Premises under the Nodality Sublease and the Poniard Subleasepresent condition. Without limiting the generality of the foregoing, Landlord agrees Subtenant acknowledges that it shall endeavor to schedule any utility interruptions related or its consultants have determined that the electrical service in the Premises will meet the Subtenant's needs. Sublandlord makes no representation as to the performance suitability or adequacy of Landlord’s Work the Building or the Premises (including, without limitation, the electrical service in the Building or the Premises) for any use to be made of the Premises by Subtenant. Notwithstanding the foregoing in this Paragraph 6, but subject to the last sentence of this Paraxxxxx 0, Xxxxxxxxxxx xxxeby indemnifies Subtenant and holds Subtenant harmless from and against, and agrees to pay for, all costs or expenses whatsoever which Subtenant may incur in order to correct any latent defect in work performed by Sublandlord on weekends and shall endeavor the Premises that caused such work not to provide Tenant be in compliance with at least 5 business days prior notice of any applicable law as in effect on the date upon which such interruptionwork was completed (such a latent defect, hereinafter, a "Latent Defect"); provided, however, that notwithstanding anything such indemnity shall cover only such costs and expenses as must necessarily be incurred in order to render the contrary contained herein, work affected by a Latent Defect in no event compliance with applicable law as in effect on the date upon which such work was completed. Nothing in the immediately preceding sentence shall Landlord have be deemed to provide for indemnification of Subtenant by Sublandlord against any obligation costs or expenses incurred by Subtenant (a) with respect to incur any additional or overtime costs to complete Landlord’s Work. Notwithstanding anything to the contrary contained herein, for the period Latent Defect that arises as a result of 60 consecutive days after (i) the Lease Date, as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are required to be alternations made to the Building and Building Systems serving the PremisesPremises by Subtenant, unless Tenant was responsible for the cause (b) with respect to any Latent Defect that arises as a result of such repair, in which case Tenant shall pay the cost. Tenant shall have the right during the Term to any use all the office furniture and equipment located within the Premises as of the date hereof that is owned by Landlord, as more specifically described on Exhibit G (“Landlord’s Property”). Tenant shall accept Landlord’s Property in its “as is” condition as of the Lease Date and shall return all of Landlord’s Property located in the Premises as of the Lease Date to Landlord upon the expiration or earlier termination of this Lease in the same condition as received, ordinary wear and tear excepted; provided, however, Tenant shall have the right to remove the 3, 8-foot chemical fume hoods in the chemistry lab of the Premises (the “Existing Fume Hoods”) provided by Subtenant that (i) Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and differs from Sublandlord's use of the Premises, (iic) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs in connection with any damage to the Premises caused by the removal inspection of the Existing Fume Hoodswork performed by Sublandlord on the Premises, (d) for attorneys' fees or expenses; (e) in connection with obtaining any permit (including, without limitation, any building permit) or any certificate of occupancy (except for those costs and expenses incurred in correcting a Latent Defect so as to render the work affected thereby in compliance with applicable law as in effect on the date upon which such work was completed); or (f) in connection with any patent defect in any work performed by Sublandlord.

Appears in 1 contract

Samples: Sublease (Screaming Media Com Inc)

Acceptance of Premises. Tenant has been in possession of, examined the Premises and conducting business in, the Current Premises under the Nodality Sublease and expects to be in possession accepts delivery of the Expansion Premises under in an "As-Is" condition. However, in the Poniard Sublease as event that during the course of the Lease DateTenant performing the Tenant's Work, and intends to continue conducting business in the Premises, without interruption, from and after the Lease Date. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for any defects in the Current Premises (whether latent or. patent) and, except as set forth in accordance with the Work Letter, shall have no obligation the Tenant notices the Landlord of any violations of building code or other applicable governmental regulations in regard to perform any work the Premises or to refurbishthe Building, finish, or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises Tenant will not be empty and/or unoccupied responsible for any costs or expenses incurred in the remediation of any such violations and any said costs shall likewise not be included in, Operating Expenses as the term is defined in Section 3.B.(1) of this Lease. Landlord will promptly correct any such violation at Landlord's sole cost and expense. Notwithstanding the foregoing, the Tenant hereby acknowledges that any time prior items provided to the Expansion Premises Commencement Date and by Landlord will have no opportunity to inspect, examine, and/or audit shall remain the Expansion Premises in order to establish the condition property of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in at the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery termination of this Lease, Tenant accepts be returned to the Premises “as is”Landlord in working condition, in their condition as of the Lease Date, without any qualifications, restrictions, or limitationsnormal wear and tear excepted, subject to all applicable Legal Requirements (as defined the useful life of any such item ending during the Lease Term. All existing ceiling system and demountable partitions are to remain in Section 7 hereof). Tenant agrees and acknowledges that neither Landlord nor any agent the Premises at the time of Landlord has made any representation or warranty with respect to the condition of all or any portion delivery of the Premises or the Projectand may be utilized by Tenant without charge. Improvements, and/or the suitability of the Premises or the Project for the conduct of Tenant’s businessif any, and Tenant waives any implied warranty that the Premises or the Project are suitable for the Permitted Use. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein. Notwithstanding anything to the contrary in this Lease, Landlord agrees that (a) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during the Term of this Lease and the rights and obligations of Landlord and Tenant with respect to this Lease shall be governed by Section 18 or Section 19 of this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in the Work Letter), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment of the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in no event shall Landlord have any obligation to incur any additional or overtime costs to complete Landlord’s Work. Notwithstanding anything to the contrary contained herein, for the period of 60 consecutive days after (i) the Lease Date, as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are required to be made to the Building Premises by Tenant shall be made in accordance with the Work Letter. Landlord shall provide Tenant with Landlord's pre-approved list of architects for purposes of preparation of plans in accordance with the Work Letter. In addition thereto, and Building Systems serving in accordance with that certain Letter Agreement, dated November 12, 1997, between Blue Lake, Ltd. and Willxxx X. Xxxxxxx. Xxndlord has stipulated Nichxxx Xxxe Architect, Inc. as a permitted architect for said purposes. All leasehold improvements (as distinguished from trade fixtures and apparatus) installed in the Premises at any time, whether by or on behalf of Tenant or by or on behalf of Landlord, shall not be removed from the Premises at any time, unless such removal is consented to in advance by Landlord; and at the expiration of this Lease (either on the Termination Date or upon such earlier termination as provided in this Lease), all such leasehold improvements shall be deemed to be part of the Premises, unless shall not be removed by Tenant was responsible for when it vacates the cause Premises, and title thereto shall vest solely in Landlord without payment of such repair, in which case Tenant shall pay the costany nature to Tenant. Tenant shall have the right during the Term to use all the office furniture All trade fixtures and equipment located within the Premises apparatus (as of the date hereof that is distinguished from leasehold improvements) owned by Landlord, as more specifically described on Exhibit G (“Landlord’s Property”). Tenant shall accept Landlord’s Property in its “as is” condition as of the Lease Date and shall return all of Landlord’s Property located installed in the Premises as shall remain the property of the Lease Date to Landlord Tenant and shall be removable at any time, including upon the expiration or earlier termination of this Lease in the same condition as received, ordinary wear and tear exceptedTerm; provided, however, provided Tenant shall not at such time have the right to remove the 3committed an Event of Default, 8-foot chemical fume hoods in the chemistry lab of the Premises (the “Existing Fume Hoods”) and provided further, that (i) Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs shall repair any damage to the Premises caused by the removal of said trade fixtures and apparatus and shall restore the Existing Fume HoodsPremises to substantially the same condition as existed prior to the installation of said trade fixtures and apparatus. The taking of possession by Tenant (or any permitted assignee or subtenant of Tenant) of all or any portion of the Premises for the conduct of business will be deemed, subject to provisions of other Sections of this Lease and this Section 6, conclusive evidence that Tenant has found the Premises, and all of their fixtures and equipment, acceptable. Notwithstanding anything contained in this Section 6 to the contrary, the Landlord shall be and remain responsible for, as of the date of delivery of the Premises, (i) structural defects, and (ii) the Premises' compliance with all applicable and governing laws, rules and regulations as to the Premises as of the date of the delivery of possession of the Premises. The responsibility of Landlord may, however, be subject to being diminished or terminated in the event of an exacerbation of any of the foregoing by virtue of acts or omissions by the Tenant following knowledge of the Tenant of any such defects or noncompliance. As of the date hereof the Premises comply in all material respects with all applicable Environmental Laws.

Appears in 1 contract

Samples: Occupancy Agreement (DBT Online Inc)

Acceptance of Premises. Tenant acknowledges that Tenant has been in possession of, fully inspected the Property. Tenant hereby accepts the Property and conducting business in, the Current Premises under the Nodality Sublease buildings and expects to be in possession of the Expansion Premises under the Poniard Sublease as of the Lease Date, and intends to continue conducting business in the Premises, without interruption, from and after the Lease Date. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for any defects in the Current Premises (whether latent or. patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a resultimprovements situated thereon, as conclusively evidenced by Tenant’s execution and delivery of this Lease, Tenant accepts suitable for the Premises “as is”purpose for which the same are leased, in their present condition (including all latent or environmental defects or risks), with such changes therein as may be caused by reasonable deterioration between the date hereof and the Commencement Date; provided that Tenant shall not be responsible for remedying any such latent or environmental defects or risks unless it becomes necessary to remedy such defects or risks because of alterations, additions or improvements to the Property made by Tenant, and that Landlord agrees to (a) repair promptly any presently installed plumbing, plumbing fixtures, electrical wiring, lighting fixtures, air conditioning or heating equipment or doors that are not in good working condition on the Commencement Date of which Tenant delivers written notice to Landlord within thirty days after the Commencement Date; and (b) make any additional repairs and alterations necessary for Tenant to obtain a Certificate of Occupancy from the municipality in which the Property is located, except for those repairs and alterations required solely because of the Lease Datenature of Tenant's business. Landlord expressly disclaims and Tenant waives any and all warranties (including the warranty of suitability), without any qualificationsrepresentations and obligations of Landlord or Landlord's agents that are not expressly stated herein. Landlord and Tenant acknowledge that Principal Realtor and cooperating Realtor have no expertise in the detection or correction of environmentally hazardous or undesirable items. Expert inspections are necessary. Current or future laws may require clean up by past, restrictions, or limitations, subject current and/or future owners and/or tenants of the Property. It is the responsibility of Landlord and Tenant to all applicable Legal Requirements (as defined in Section 7 hereof)retain qualified experts to detect and correct such matters. Landlord and Tenant agrees and acknowledges acknowledge that neither Landlord Principal Realtor, nor any agent of Landlord has Cooperating Realtor, have made any representation an independent investigation or warranty determination with respect to the condition existence of all hazardous substances and environmental conditions in, on or any portion of about the Premises Property. Any such investigation or the Project, and/or the suitability of the Premises or the Project for the conduct of Tenant’s business, and Tenant waives any implied warranty that the Premises or the Project are suitable for the Permitted Use. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein. Notwithstanding anything to the contrary in this Lease, Landlord agrees that (a) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, determination shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during the Term of this Lease and the rights and obligations responsibility of Landlord and Tenant. The Principal Realtor or Cooperating Realtor shall not be responsible for such an investigation. Landlord and Tenant with respect to this Lease shall, jointly and severally, defend, indemnify and hold harmless Principal Realtor and Cooperating Realtor from and against all claims, costs, expenses, actions, losses, damages and liabilities of any kind whatsoever (including reasonable attorney's fees) directly or indirectly arising out of the existence of hazardous substances and/or environmental conditions in, on or about the Property. This indemnification shall be governed by Section 18 or Section 19 survive the termination of this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in the Work Letter), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment of the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in no event shall Landlord have any obligation to incur any additional or overtime costs to complete Landlord’s Work. Notwithstanding anything to the contrary contained herein, for the period of 60 consecutive days after (i) the Lease Date, as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are required to be made to the Building and Building Systems serving the Premises, unless Tenant was responsible for the cause of such repair, in which case Tenant shall pay the cost. Tenant shall have the right during the Term to use all the office furniture and equipment located within the Premises as of the date hereof that is owned by Landlord, as more specifically described on Exhibit G (“Landlord’s Property”). Tenant shall accept Landlord’s Property in its “as is” condition as of the Lease Date and shall return all of Landlord’s Property located in the Premises as of the Lease Date to Landlord upon the expiration or earlier termination of this Lease in the same condition as received, ordinary wear and tear excepted; provided, however, Tenant shall have the right to remove the 3, 8-foot chemical fume hoods in the chemistry lab of the Premises (the “Existing Fume Hoods”) provided that (i) Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage to the Premises caused by the removal of the Existing Fume Hoods.

Appears in 1 contract

Samples: Intellisys Group Inc

Acceptance of Premises. Tenant has been in possession of, and conducting business in, the Current Premises under the Nodality Sublease and expects to be in possession of the Expansion Premises under the Poniard Sublease as of the Lease Date, and intends to continue conducting business in the Premises, without interruption, from and after the Lease Date. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for any defects in the Current Premises (whether latent or. patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Lease, Tenant accepts the Premises “as is”, in their condition as of the Lease Date, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements (as defined in Section 7 hereof). Tenant agrees and acknowledges that neither Landlord nor any agent representative of Landlord has made any representation or warranty with respect to the condition of all or any portion of the Premises or the Building or the suitability or fitness of either for any purpose, including, without limitation, any representations or warranties regarding zoning or other land use matters, and that neither Landlord nor any representative of Landlord has made any representations or warranties regarding (i) what other tenants or uses may be permitted or intended in the Building and the Project, and/or the suitability or (ii) any exclusivity of the Premises or the Project for the conduct of Tenant’s business, and Tenant waives any implied warranty that the Premises or the Project are suitable for the Permitted Use. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein. Notwithstanding anything to the contrary in this Lease, Landlord agrees that (a) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during the Term of this Lease and the rights and obligations of Landlord and use by Tenant with respect to this its permitted use of the Premises as set forth in Item 3 of the Basic Lease shall be governed by Section 18 Provisions. Tenant further acknowledges that neither Landlord nor any representative of Landlord has agreed to undertake any alterations or Section 19 of additions or construct any improvements to the Premises except as expressly provided in this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in The taking of possession or use of the Work Letter), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work Premises by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease purpose other than construction shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment of conclusively establish that the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting Building were in satisfactory condition and in conformity with the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in no event shall Landlord have any obligation to incur any additional or overtime costs to complete Landlord’s Work. Notwithstanding anything to the contrary contained herein, for the period of 60 consecutive days after (i) the Lease Date, as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are required to be made to the Building and Building Systems serving the Premises, unless Tenant was responsible for the cause of such repair, in which case Tenant shall pay the cost. Tenant shall have the right during the Term to use all the office furniture and equipment located within the Premises as of the date hereof that is owned by Landlord, as more specifically described on Exhibit G (“Landlord’s Property”). Tenant shall accept Landlord’s Property in its “as is” condition as of the Lease Date and shall return all of Landlord’s Property located in the Premises as of the Lease Date to Landlord upon the expiration or earlier termination provisions of this Lease in the same condition as receivedall respects, ordinary wear and tear excepted; provided, however, except for those matters which Tenant shall have brought to Landlord's attention on a written punch list. The list shall be limited to any items required to be accomplished by Landlord under the right Work Letter attached as Exhibit X, and shall be delivered to remove Landlord within thirty (30) days after the 3term ("Term") of this Lease commences as provided in Article III below. If no items are required of Landlord under the Work Letter, 8-foot chemical fume hoods in the chemistry lab by taking possession of the Premises (Tenant accepts the “Existing Fume Hoods”) provided that (i) Tenant removes improvements in their existing condition, and waives any right or claim against Landlord arising out of the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and condition of the Premises, (ii) Tenant delivers . Nothing contained in this Section shall affect the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage to the Premises caused by the removal commencement of the Existing Fume HoodsTerm or the obligation of Tenant to pay rent. Landlord shall diligently complete all punch list items of which it is notified as provided above within thirty (30) days except with respect to punch list items which cannot be corrected within thirty (30) days in which event Landlord shall commence such correction within thirty (30) days and thereafter diligently complete such work.

Appears in 1 contract

Samples: Industrial Lease (Viasource Communications Inc)

Acceptance of Premises. By taking possession hereunder, Tenant acknowledges that ix xxx examined the Premises and accepts the condition thereof. Tenant acknowledges and agxxxx xhat Landlord has been no obligation xx xxxxove the Premises other than as set forth specifically in possession ofthis Lease, if at all. In particular, Tenant acknowledges that any additional improvements or Alterations needed to accommodate Tenant's intended use shalx xx xade solely at Tenant's sole cost and expense, and conducting business instrictly in accordance with the requirements of this Lease (including the requirement to obtain Landlord's consent thereto), the Current Premises under the Nodality Sublease unless such improvements and expects to be in possession alterations are specifically required of the Expansion Premises under the Poniard Sublease as of the Lease Date, and intends to continue conducting business in the Premises, without interruption, from and after the Lease DateLandlord. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for responsibility to do any defects work required under any building codes or other governmental requirements not in effect or applicable at the Current time the Premises (whether latent orwere constructed, including without limitation any requirements related to sprinkler retrofitting, seismic structural requirements, accommodation of disabled persons, or hazardous materials. patent) and, except as set forth in the Work Letter, Landlord shall have be under no obligation to perform any work provide utility, telephone or to refurbish, finish, other service or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied access beyond that which exists at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Lease, Tenant accepts the Premises “as is”, in their condition as of the Lease Date, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements (as defined in Section 7 hereof). Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of all or any portion of the Premises or the Project, and/or the suitability of the Premises or the Project for the conduct of Tenant’s business, and Tenant waives any implied warranty that the Premises or the Project are suitable for the Permitted Use. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein. Notwithstanding anything to the contrary in this Lease, Landlord agrees that (a) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during the Term of this Lease and the rights and obligations of Landlord and Tenant with respect to this Lease shall be governed by Section 18 or Section 19 of this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in the Work Letter), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment of the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in no event shall Landlord have any obligation to incur any additional or overtime costs to complete Landlord’s Work. Notwithstanding anything to the contrary contained herein, for the period of 60 consecutive days after (i) the Lease Date, as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are required to be made to the Building and Building Systems serving the Premises, unless Tenant was responsible for the cause of such repair, in which case Tenant shall pay the cost. Tenant shall have the right during the Term to use all the office furniture and equipment located within the Premises as of the date hereof of this Lease, unless Landlord specifically agrexx xx xxiting to provide the same. If it is anticipated that is owned Tenant will be doing any Alterations or installations prior to taking occupancy, any delays encountered by LandlordTenant in accomplishing such work or obtaining any required permits therefor shall not delay the Commencement Date or the date that Tenant becomes liable to pay rent, as more specifically described on Exhibit G (“Landlord’s Property”). Tenant shall accept Landlord’s Property in its “as is” condition as or the date that Landlord may effectively deliver possession of the Lease Date and shall return all Premises to Tenant. By taking possession hereunder, Tenant acknowledges that ix xxxxpts the square footage of Landlord’s Property located in the Premises as delivered and as stated in this Lease. No discovery or alleged discovery after such acceptance of any variance in such square footage as set forth in this Lease (or in any proposal advertisement or other description thereof) shall be grounds for any adjustment in any element of the Lease Date to rent payable hereunder, unless such adjustment is initiated by and implemented by Landlord upon the expiration or earlier termination of this Lease in the same condition as received, ordinary wear and tear excepted; provided, however, Tenant shall have the right to remove the 3, 8-foot chemical fume hoods in the chemistry lab of the Premises (the “Existing Fume Hoods”) provided that (i) Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage to the Premises caused by the removal of the Existing Fume Hoodswriting.

Appears in 1 contract

Samples: Sgi International

Acceptance of Premises. By taking possession hereunder, Tenant acknowledges that it has been examined the Premises and accepts the condition thereof. Tenant acknowledges and agrees that Landlord has no obligation to improve the Premises other than as set forth specifically in possession ofthis Lease, if at all. In particular, Tenant acknowledges that any additional improvements or alterations needed to accommodate Tenant's intended use shall be made solely at Tenant's sole cost and expense, and conducting business instrictly in accordance with the requirements of this Lease (including the requirement to obtain Landlord's consent thereto), unless such improvements and alterations are specifically required of Landlord. Except for installing fire sprinklers in the Current Premises under in accordance with the Nodality Sublease Construction Addendum, and expects except for the construction of improvements to be in possession the exterior access, parking lots and other exterior portions of the Expansion Premises under that are required for the Poniard Sublease as accommodation of the Lease Date, disabled persons (and intends not related to continue conducting business changes in the Premises, without interruption, from and after the Lease Date. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition path of the Current Premises as of the Current Premises Commencement Datetravel necessitated by Tenant's Alterations), Landlord shall have no liability for responsibility to do any defects work required under any building codes or other governmental requirements not in effect or applicable at the Current time the Premises (whether latent orwere constructed, including without limitation any requirements related to future sprinkler retrofitting, seismic structural requirements, accommodation of disabled persons, or hazardous materials. patent) and, except as set forth in the Work Letter, Landlord shall have be under no obligation to perform any work provide utility, telephone or to refurbish, finish, other service or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied access beyond that which exists at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Lease, Tenant accepts the Premises “as is”, in their condition as of the Lease Date, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements (as defined in Section 7 hereof). Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of all or any portion of the Premises or the Project, and/or the suitability of the Premises or the Project for the conduct of Tenant’s business, and Tenant waives any implied warranty that the Premises or the Project are suitable for the Permitted Use. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein. Notwithstanding anything to the contrary in this Lease, Landlord agrees that (a) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during the Term of this Lease and the rights and obligations of Landlord and Tenant with respect to this Lease shall be governed by Section 18 or Section 19 of this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in the Work Letter), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment of the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in no event shall Landlord have any obligation to incur any additional or overtime costs to complete Landlord’s Work. Notwithstanding anything to the contrary contained herein, for the period of 60 consecutive days after (i) the Lease Date, as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are required to be made to the Building and Building Systems serving the Premises, unless Tenant was responsible for the cause of such repair, in which case Tenant shall pay the cost. Tenant shall have the right during the Term to use all the office furniture and equipment located within the Premises as of the date hereof of this Lease, unless Landlord specifically agrees in writing to provide the same. If it is anticipated that is owned Tenant will be doing any Alterations or installations prior to taking occupancy, any delays encountered by LandlordTenant in accomplishing such work or obtaining any required permits therefor shall not delay the Commencement Date or the date that Tenant becomes liable to pay rent, as more specifically described on Exhibit G (“Landlord’s Property”). Tenant shall accept Landlord’s Property in its “as is” condition as or the date that Landlord may effectively deliver possession of the Lease Date and shall return all Premises to Tenant. By taking possession hereunder, Tenant acknowledges that it accepts the square footage of Landlord’s Property located in the Premises as delivered and as stated in this Lease. No discovery or alleged discovery after such acceptance of any variance in such square footage as set forth in this Lease (or in any proposal, advertisement or other description thereof) shall be grounds for any adjustment in any component of the Lease Date to Landlord upon the expiration or earlier termination of this Lease in the same condition as receivedrent payable hereunder, ordinary wear unless such adjustment is initiated by and tear excepted; provided, however, Tenant shall have the right to remove the 3, 8-foot chemical fume hoods in the chemistry lab of the Premises (the “Existing Fume Hoods”) provided that (i) Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage to the Premises caused implemented by the removal of the Existing Fume HoodsLandlord.

Appears in 1 contract

Samples: Jmar Technologies Inc

Acceptance of Premises. Tenant has been in possession of, and conducting business in, the Current Premises under the Nodality Sublease and expects to be in possession of the Expansion Premises under the Poniard Sublease as of the Lease Date, and intends to continue conducting business in the Premises, without interruption, from and after the Lease Date. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for any defects in the Current Premises (whether latent or. patent) andacknowledges that, except as expressly set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Lease, Tenant accepts the Premises “as is”, in their condition as of the Lease Date, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements (as defined in Section 7 hereof). Tenant agrees and acknowledges that neither Landlord nor any agent representative of Landlord has made any representation or warranty with respect to the condition Premises, the Building or the Site or their respective suitability or fitness for any purpose, including without limitation any representations or warranties regarding the compliance of all or any portion Tenant's use of the Premises with the applicable zoning or the Project, and/or the suitability of the Premises or the Project for the conduct of Tenant’s businessregarding any other land use matters, and Tenant waives shall be solely responsible as to such matters. Further, that neither Landlord nor any implied warranty that representative of Landlord has made any representations or warranties regarding (i) what other tenants or uses may be permitted or intended in the Premises Building or the Project are suitable for the Permitted Use. Landlord in executing this Lease does so in reliance upon Tenant’s representationsSite, warranties, acknowledgments and agreements contained herein. Notwithstanding anything to the contrary in this Lease, Landlord agrees that (aii) Tenant’s continued occupancy any exclusivity of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during the Term of this Lease and the rights and obligations of Landlord and use by Tenant with respect to this its permitted use of the Premises as set forth in Item 3 of the Basic Lease shall be governed by Section 18 Provisions, or Section 19 (iii) any construction of portions of the Site not yet completed. Tenant further acknowledges that neither Landlord nor any representative of Landlord has agreed to undertake any alterations or additions or construct any improvements to the Premises except as expressly provided in this Lease, as applicable. Subject to delays resulting from Force Majeure and As of the date of "Substantial Completion" of the Tenant Delay Improvement Work (as defined in the Work LetterLetter attached as Exhibit X hereto), Tenant shall be conclusively deemed to have accepted the Premises and those portions of the Building and Site in which Tenant has any rights under this Lease, which acceptance shall mean that it is conclusively established that the Premises and those portions of the Building and Site in which Tenant has any rights under this Lease were in satisfactory condition and in conformity with the provisions of this Lease, subject only to those defective or incomplete portions of the Tenant Improvements constructed by Landlord pursuant to the Work Letter, if any, attached hereto as Exhibit X ("WORK LETTER"), which Tenant shall use reasonable efforts have itemized on a written punch list and delivered to cause Landlord’s Work to be Substantially Complete Landlord within thirty (30) days after the Commencement Date (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment of the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in no event shall Landlord have any obligation to incur any additional or overtime costs to complete Landlord’s Work. Notwithstanding anything to the contrary contained herein, for the period of 60 consecutive days after (i) the Lease Date, as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are required to be made to the Building and Building Systems serving the Premises, unless Tenant was responsible for the cause of such repair, in which case Tenant shall pay the cost. Tenant shall have the right during the Term to use all the office furniture and equipment located within the Premises as of the date hereof that is owned by Landlord, as more specifically described on Exhibit G (“Landlord’s Property”). Tenant shall accept Landlord’s Property in its “as is” condition as of the Lease Date and shall return all of Landlord’s Property located in the Premises as of the Lease Date to Landlord upon the expiration or earlier termination of this Lease in the same condition as received, ordinary wear and tear excepted; provided, however, Tenant shall have the right to remove the 3, 8-foot chemical fume hoods in the chemistry lab of the Premises (the “Existing Fume Hoods”) provided that (i) Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage to the Premises caused by the removal of the Existing Fume Hoods.Section 3.1

Appears in 1 contract

Samples: Lease (Endwave Corp)

Acceptance of Premises. Tenant has been in possession of, and conducting business in, the Current Premises under the Nodality Sublease and expects to be in By taking possession of the Expansion Premises, ---------------------- Tenant shall be deemed to have accepted the Premises under as being in good and sanitary order, condition and repair and to have accepted the Poniard Sublease Premises in their condition existing as of the Lease Date, and intends to continue conducting business in date Tenant takes possession of the Premises, without interruption, from and after the Lease Date. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability for any defects in the Current Premises (whether latent or. patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Lease, Tenant accepts the Premises “as is”, in their condition as of the Lease Date, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements laws, covenants, conditions, restrictions, easements and other matters of public record and the rules and regulations from time to time promulgated by Landlord governing the use of any portion of the Project and further, to have accepted tenant improvements to be constructed by Landlord (if any) as defined being completed in Section 7 hereof)accordance with the plans and specifications for such improvements subject only to completion of items on Landlord's punch list. Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord has Landlord's agents have made any representation or warranty with respect as to the condition of all or any portion of the Premises or the Project, and/or the suitability of the Premises or the Project for the conduct of Tenant’s 's business, the condition of the Building or Premises, or the use or occupancy which may be made thereof, and Tenant waives any implied warranty has independently investigated and is satisfied that the Premises are suitable for Tenant's intended use and that the Building and Premises meet all governmental requirements for such intended use. In addition, Landlord makes no representation or warranty as to the compliance of the Premises, the Building or the Project are suitable for with the Permitted Use. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein. Notwithstanding anything to the contrary in this Lease, Landlord agrees that (a) Tenant’s continued occupancy requirements of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during the Term of this Lease and the rights and obligations of Landlord and Tenant with respect to this Lease shall be governed by Section 18 or Section 19 of this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in the Work Letter), Landlord shall use reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If Landlord fails to complete Landlord’s Work by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the “Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with Tenant’s use and enjoyment of the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor to schedule any utility interruptions related to the performance of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in no event shall Landlord have any obligation to incur any additional or overtime costs to complete Landlord’s WorkADA. Notwithstanding anything to the contrary contained hereinin this Lease, for Tenant's acceptance of the period Premises or submission of 60 consecutive days after (i) the Lease Date, as to the Current Premises and (ii) the Substantial Completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense (which a "punchlist" shall not constitute an Operating Expense)be deemed a waiver of Tenant's right to have defects in the improvements constructed by Landlord pursuant to Paragraph 2.2 or the Premises repaired at no cost to Tenant. Tenant shall give notice to Landlord whenever any such defect becomes reasonably apparent, be responsible for any repairs that are required and Landlord shall repair the defect as soon as practicable. Landlord also hereby assigns to be made Tenant all warranties with respect to the Building and Building Systems serving the Premises, unless including warranties that would reduce Tenant's maintenance obligations under this Lease, and shall cooperate with Tenant was responsible for to enforce such warranties. Finally, notwithstanding anything to the cause of such repaircontrary contained in this Lease, in which case Tenant shall pay the cost. Tenant shall have the right during the Term to use all the office furniture and equipment located within the Premises as of the date hereof that is owned by LandlordCommencement Date, as more specifically described on Exhibit G the roof (“Landlord’s Property”including roof screens and membrane). Tenant shall accept Landlord’s Property in its “as is” condition as of the Lease Date , plumbing, electrical (including all outlets), heating and shall return all of Landlord’s Property located air conditioning systems in the Premises as of the Lease Date to Landlord upon the expiration or earlier termination of this Lease shall be in the same condition as received, ordinary wear good working order and tear excepted; provided, however, Tenant shall have the right to remove the 3, 8-foot chemical fume hoods in the chemistry lab of the Premises (the “Existing Fume Hoods”) provided that (i) Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage to the Premises caused by the removal of the Existing Fume Hoodsrepair.

Appears in 1 contract

Samples: Lease Agreement (Symphonix Devices Inc)

Acceptance of Premises. Tenant has been in possession of, and conducting business in, the Current Premises under the Nodality Sublease and expects to be in possession of the Expansion Premises under the Poniard Sublease as of the Lease Date, and intends to continue conducting business in the Premises, without interruption, from and after the Lease Date. Further, since (i) the Current Premises will not be empty and/or unoccupied at any time prior to the Current Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Current Premises in order to establish the condition of the Current Premises as of the Current Premises Commencement Date, Landlord shall have no liability obligation whatsoever to construct leasehold improvements for any defects in Tenant or to repair or refurbish the Current Premises (whether latent or. patent) andPremises, except as specifically set forth in the Work Letter, shall this Section 30. Landlord or Landlord’s agents have made no obligation to perform any work representations or to refurbish, finish, or otherwise alter the Current Premises in order to prepare the Current Premises for Tenant’s use or occupancy and (ii) the Expansion Premises will not be empty and/or unoccupied at any time prior to the Expansion Premises Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Expansion Premises in order to establish the condition of the Expansion Premises as of the Expansion Premises Commencement Date, Landlord shall have no liability for any defects in the Expansion Premises (whether latent or patent) and, except as set forth in the Work Letter, shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Expansion Premises in order to prepare the Expansion Premises for Tenant’s use or occupancy. As a result, as conclusively evidenced by Tenant’s execution and delivery of this Lease, Tenant accepts the Premises “as is”, in their condition as of the Lease Date, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements (as defined in Section 7 hereof). Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty promises with respect to the condition Project, the Building, the Premises or this Lease except as expressly set forth herein. Subject to completion of all or any portion minor “punch-list” items, the taking of possession of the Premises by Tenant shall be conclusive evidence that Tenant accepts the same “as is” and that the Premises, the Project and the Building are suited for the use intended by Tenant and were in good and satisfactory condition at the time such possession was taken. Nothing contained herein shall be construed as a waiver of claims by Tenant with respect to latent defects affecting the Premises, the Project or the ProjectBuilding. Tenant represents and warrants to Landlord that (a) its sole intended use of the Premises is for general office use which has no special requirements, and/or including but not limited to, special security requirements, (b) it does not intend to use the Premises for any other purpose, and (c) prior to executing this Lease it has made such investigations as it deems appropriate with respect to the suitability of the Premises or the Project for the conduct of Tenant’s business, its intended use and Tenant waives any implied warranty has determined that the Premises or the Project are is suitable for the Permitted Usesuch intended use. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein. Notwithstanding anything to the contrary in this Lease, Landlord agrees that (a) Tenant’s continued occupancy of the Current Premises following the Current Premises Commencement Date or the Expansion Premises following the Expansion Premises Commencement Date, shall be pursuant to this Lease and shall not constitute a holdover under the Nodality Lease or Poniard Lease and (b) neither Nodality nor Poniard shall have any obligation to remove or restore any existing alterations in the Premises or to remove or restore Landlord’s Work. If the Poniard Lease or the Nodality Lease has terminated due to a casualty or Taking (as hereinafter defined), such casualty or Taking shall be deemed to have occurred during the Term of this Lease and the rights and obligations of Landlord and Tenant with respect to this Lease shall be governed by Section 18 or Section 19 of this Lease, as applicable. Subject to delays resulting from Force Majeure and Tenant Delay (as defined in the Work Letter), Landlord shall use commercially reasonable efforts to cause Landlord’s Work to be Substantially Complete (as defined in the Work Letter) on or before the date which is 56 days after the Lease Date (“Target Completion Date”). If appropriate Landlord fails Parties to complete Landlord’s Work by the Target Completion Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord fails to Substantially Complete Landlord’s Work by the date which is 70 days after the Lease Date (which date shall be extended for delays resulting from Force Majeure and Tenant Delay) (such date, as so extended, the remaining Outside Delivery Date”), then (i) Base Rent under this Lease shall xxxxx by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date and (ii) the Base Term shall be extended by one day for each day of delay in Substantial Completion of Landlord’s Work beyond the Outside Delivery Date. Landlord agrees to use reasonable efforts to perform Landlord’s Work in a manner which does not unreasonably interfere with punch-list” items promptly following Tenant’s use and enjoyment acceptance of the Premises under the Nodality Sublease and the Poniard Sublease. Without limiting the foregoing, Landlord agrees that it shall endeavor withhold from its final payment to schedule any utility interruptions related to R.N. Field under the performance Construction Contract an appropriate amount of Landlord’s Work on weekends and shall endeavor to provide Tenant with at least 5 business days prior notice of any such interruption; provided, however, that notwithstanding anything to the contrary contained herein, in no event shall Landlord have any obligation to incur any additional or overtime costs to complete Landlord’s Work. Notwithstanding anything to the contrary contained herein, for the period of 60 consecutive days after (i) the Lease Dateretention thereunder, as to reasonably determined by Lender, until the Current Premises and (ii) the Substantial Completion completion of Landlord’s Work, as to the Expansion Premises, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are required to be made to the Building and Building Systems serving the Premises, unless Tenant was responsible for the cause of such repair, in which case Tenant shall pay the cost. Tenant shall have the right during the Term to use all the office furniture and equipment located within the Premises as of the date hereof that is owned by Landlord, as more specifically described on Exhibit G (Landlord’s Property”). Tenant shall accept Landlord’s Property in its “as ispunch-listcondition as of the Lease Date and shall return all of Landlord’s Property located in the Premises as of the Lease Date to Landlord upon the expiration or earlier termination of this Lease in the same condition as received, ordinary wear and tear excepted; provided, however, Tenant shall have the right to remove the 3, 8-foot chemical fume hoods in the chemistry lab of the Premises (the “Existing Fume Hoods”) provided that (i) Tenant removes the Existing Fume Hoods in a manner reasonably calculated to avoid damage to both the Existing Fume Hoods and the Premises, (ii) Tenant delivers the Existing Fume Hoods to Landlord after removal and (iii) Tenant repairs any damage to the Premises caused by the removal of the Existing Fume Hoodsitems.

Appears in 1 contract

Samples: Belvedere Place (Amarin Corp Plc\uk)

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