Common use of AS IS Condition; Delivery Clause in Contracts

AS IS Condition; Delivery. Landlord shall deliver the Premises broom clean in its current “as built” configuration with existing build-out of the tenant space, with the Premises and the Building (including the “Base Building”, as defined below) in their AS IS condition, without any express or implied representations or warranties of any kind by Landlord, its brokers, manager or agents, or the employees of any of them; and Landlord shall not have any obligation to construct or install any tenant improvements or alterations or to pay for any such construction or installation except to the extent expressly provided in the Amendment and all exhibits thereto. For purposes hereof, the “Base Building” (sometimes also referred to as the “Base Building Work”) shall mean the improvements made and work performed during the Building’s initial course of construction and modifications thereto, excluding all original and modified build-outs of any tenant spaces. Notwithstanding any provision of this Workletter or the Lease to the contrary, to the extent that within three (3) days after the Commencement Date (i) the roof and roof membrane above the Premises, (ii) foundation and structural components of the Base Building, (iii) Landlord’s fire sprinkler and life-safety systems, if any, of the Base Building, and (iv) the electrical, water, sewer and plumbing systems of the Base Building serving the Premises (but only from the local utility’s systems to the point of entry into the Premises or to the meter or other point after which such system serves exclusively the Premises) are not in good working condition, except to the extent any of the foregoing are to be removed, demolished or altered by Tenant, and within three (3) days after the Commencement Date Tenant gives Landlord written notice specifying what is not in good working condition, Landlord shall make necessary repairs to put such item or items in good working condition at Landlord’s sole cost and expense. Further, Tenant acknowledges and agrees that Tenant has been afforded ample opportunity to inspect the Premises, the Building and the Project, and has investigated their condition to the extent Tenant desires to do so.

AS IS Condition; Delivery. Landlord shall deliver the Premises in broom clean condition free of debris and equipment but otherwise in its current “as built” configuration with existing build-out the condition set forth in Section 2.1 of Rider 2 of the tenant space, with the Premises and the Building (including the “Base Building”, as defined below) in their AS IS condition, without any express or implied representations or warranties of any kind by Landlord, its brokers, manager or agents, or the employees of any of themLease; and Landlord shall not have any obligation to construct or install any tenant improvements or alterations or to pay for any such construction or installation except to the extent expressly provided in the Amendment and all exhibits theretothis Workletter. For purposes hereof, the “Base Building” (sometimes also referred to as the “Base Building Work”) shall mean the improvements made and work performed during the Building’s initial course of construction and modifications thereto, excluding all original and modified build-outs of any tenant spaces. Notwithstanding any provision of this Workletter or the Lease Amendment to the contrary, if and to the extent that within three (3) days after upon delivery of the Commencement Date Premises, (i) the roof and roof membrane above the Premises, ; (ii) foundation (excluding slab) and structural components of the Base Building, ; (iii) Landlord’s fire sprinkler and life-safety systems, if any, of the Base Building, and ; (iv) the electrical, water, sewer and plumbing systems of the Base Building serving the Premises (but only from the local utility’s systems to the point of entry into the Premises or to the meter or other point after which such system serves exclusively the Premises); and (v) the heating, ventilating and air condition systems exclusively serving the Premises. are not in good working order and condition, and if and to the extent that there is any water damage to the walls, hard lid ceilings or ceiling tiles, except to the extent any of the foregoing are to be removed, demolished or altered by Tenant, and within three six (36) days months after the Commencement Date Tenant gives Landlord written notice specifying what is not in good working operating condition, Landlord shall make necessary repairs to put such item or items in good working operating condition and any such costs shall be at Landlord’s sole cost and expense. Furtherexpense and shall not be included in Operating Expenses if Tenant provides Landlord with such written notice within six (6) months after the Commencement Date; provided, Tenant acknowledges and agrees however, that Tenant has been afforded ample opportunity to inspect the Premises, the Building and the Project, and has investigated their condition Landlord shall have no obligation under this paragraph to the extent any of the foregoing conditions are caused by or resulting from any act or omission of Tenant desires to do soor any of Tenant’s contractors, employees, agents, customers or invitees, including, without limitation, any work performed by or on behalf of Tenant.

AS IS Condition; Delivery. Subject to Landlord’s obligation to perform the Landlord Work, Landlord shall deliver the Premises broom clean in its current “as built” configuration with existing build-out of the tenant space, with the Premises and the Building (including the “Base Building”, as defined below) in their AS IS condition, without any express or implied representations or warranties of any kind by Landlord, its brokers, manager or agents, or the employees of any of them; and Landlord shall not have any obligation to construct or install any tenant improvements or alterations or to pay for any such construction or installation except to the extent expressly provided in this Workletter but this shall not relieve Landlord of any of its maintenance, repair or restoration obligations under the Amendment and all exhibits theretoLease. For purposes hereof, the “Base Building” (sometimes also referred to as the “Base Building Work”) shall mean the improvements made and work performed during the Building’s 's initial course of construction and modifications thereto, excluding all original and modified build-outs of any tenant spaces. Notwithstanding any provision of this Workletter or the Lease to the contrary, if and to the extent that within three (3) days after upon delivery of the Commencement Date Premises, (i) the roof and roof membrane above the Premises, ; (ii) foundation (excluding slab) and structural components of the Base Building, ; (iii) Landlord’s fire sprinkler and life-safety systems, if any, of the Base Building, and ; and (iv) the electrical, water, sewer and plumbing systems of the Base Building serving the Premises (but only from the local utility’s systems to the point of entry into the Premises or to the meter or other point after which such system serves exclusively the Premises) ). are not in good working order and condition, and if and to the extent that there is any water damage to the walls, hard lid ceilings or ceiling tiles, except to the extent any of the foregoing are to be removed, demolished or altered by Tenant, and within three twenty (320) days after the Commencement Delivery Date (as defined in Section 2 of Rider 2) Tenant gives Landlord written notice specifying what is not in good working operating condition, Landlord shall make necessary repairs to put such item or items in good working condition at Landlord’s sole cost and expense. Furtheroperating condition; provided, Tenant acknowledges and agrees however, that Tenant has been afforded ample opportunity to inspect the Premises, the Building and the Project, and has investigated their condition Landlord shall have no obligation under this paragraph to the extent any of the foregoing conditions are caused by or resulting from any act or omission of Tenant desires to do soor any of Tenant's contractors, employees, agents, customers or invitees, including, without limitation, any work performed by or on behalf of Tenant.

AS IS Condition; Delivery. Landlord shall deliver the Premises broom clean in its current “as built” configuration with existing build-out of the tenant space, with the Premises and the Building (including the “Base Building”, as defined below) in their AS IS condition, without any express or implied representations or warranties of any kind by Landlord, its brokers, manager or agents, or the employees of any of them; and Landlord shall not have any obligation to construct or install any tenant improvements or alterations or to pay for any such construction or installation except to the extent expressly provided in the Amendment and all exhibits theretothis Workletter. For purposes hereof, the “Base Building” (sometimes also referred to as the “Base Building Work”) shall mean the improvements made and work performed during the Building’s initial course of construction and modifications thereto, excluding all original and modified build-outs of any tenant spaces. Notwithstanding any provision of this Workletter or the Lease to the contrary, if and to the extent that within three (3) days after upon delivery of the Commencement Date Premises, (i) the roof and roof membrane above the Premises, ; (ii) foundation (excluding slab) and structural components of the Base Building, ; (iii) Landlord’s fire sprinkler and life-safety systems, if any, of the Base Building, and ; and (iv) the electrical, water, sewer and plumbing systems of the Base Building serving the Premises (but only from the local utility’s systems to the point of entry into the Premises or to the meter or other point after which such system serves exclusively the Premises) ). are not in good working order and condition, and if and to the extent that there is any water damage to the walls, hard lid ceilings or ceiling tiles, except to the extent any of the foregoing are to be removed, demolished or altered by Tenant, and within three twenty (320) days after the Commencement Delivery Date (as defined in Section 2 of Rider 2) Tenant gives Landlord written notice specifying what is not in good working operating condition, Landlord shall make necessary repairs to put such item or items in good working condition at Landlord’s sole cost and expense. Furtheroperating condition; provided, Tenant acknowledges and agrees however, that Tenant has been afforded ample opportunity to inspect the Premises, the Building and the Project, and has investigated their condition Landlord shall have no obligation under this paragraph to the extent any of the foregoing conditions are caused by or resulting from any act or omission of Tenant desires to do soor any of Tenant’s contractors, employees, agents, customers or invitees, including, without limitation, any work performed by or on behalf of Tenant.

AS IS Condition; Delivery. Landlord shall deliver the Premises broom clean in its current “as built” configuration with existing build-out of the tenant space, with the Premises and the Building (including the “Base Building”, as defined below) in their AS IS condition, without any express or implied representations or warranties of any kind by Landlord, its brokers, manager or agents, or the employees of any of them; and Landlord shall not have any obligation to construct or install any tenant improvements or alterations or to pay for any such construction or installation except to the extent expressly provided in the Amendment and all exhibits theretothis Workletter. For purposes hereof, the “Base Building” (sometimes also referred to as the “Base Building Work”) shall mean the improvements made and work performed during the Building’s initial course of construction and modifications thereto, excluding all original and modified build-outs of any tenant spaces. Notwithstanding any provision of this Workletter or the Lease to the contrary, to the extent that Tenant shall notify Landlord in writing within three thirty (330) days after the Commencement Date (i) the roof and roof membrane above the Premises, (ii) foundation and structural components later of Substantial Completion of the Base Building, (iii) Landlord’s fire sprinkler and life-safety systems, if any, Landlord Work or when Tenant takes possession of the Base Building, and (iv) the electrical, water, sewer and plumbing systems Premises of the Base Building serving the Premises (but only from the local utility’s systems to the point of entry into any defects in the Premises or to in the meter materials or other point after which such system serves exclusively workmanship furnished by Landlord in completing the Premises) are not in good working condition, except to the extent any Landlord Work or failure of the foregoing are Landlord Work to be removed, demolished or altered by Tenant, in accordance with the Construction Drawings (“Defects”). Except for Defects stated in such notice and Latent Defects (defined below) of which Tenant gives Landlord notice within three ninety (390) days after Substantial Completion of Landlord Work, Tenant shall be conclusively deemed to have accepted the Commencement Date Premises “AS IS” in the condition existing on the date Tenant gives Landlord written notice specifying what is not in good working conditionfirst takes possession, and to have waived all claims relating to the condition of the Premises. Landlord shall make necessary repairs proceed diligently to put correct the Defects stated in such item or items in good working condition at notice unless Landlord disputes the existence of any such Defects. In the event of any dispute as to the existence of any such defects, the reasonable decision of Landlord’s sole cost architect shall be final and expensebinding on the parties. FurtherFor purposes of this Lease, Tenant acknowledges the “Latent Defects” shall mean Defects which were not discoverable by reasonable inspection when the thirty (30) day notice was due. No agreement of Landlord to alter, remodel, decorate, clean or improve the Premises or the Real Property and agrees that Tenant no representation regarding the condition of the Premises or the Real Property has been afforded ample opportunity made by or on behalf of Landlord to inspect Tenant, except as may be specifically stated in this Lease or in the Premises, the Building and the Project, and has investigated their condition to the extent Tenant desires to do soWorkletter.

AS IS Condition; Delivery. Landlord shall deliver Tenant acknowledges that it currently leases and is in possession of the Premises broom clean in its current “as built” configuration with existing build-out pursuant to the terms of the tenant spaceExisting Lease, with and Tenant accepts the Premises and the Building (including the “Base Building”, as defined below) in their current, AS IS condition, without any express or implied representations or warranties of any kind by Landlord, its brokers, manager or agents, or the employees of any of them; and Landlord shall not have any obligation to construct or install any tenant improvements or alterations or to pay for any such construction or installation installation, except to the extent expressly provided in the Amendment and all exhibits theretothis Workletter. For purposes hereof, the “Base Building” (sometimes also referred to as the “Base Building Work”) shall mean the improvements made and work performed during the Building’s initial course of construction and modifications thereto, excluding all original and modified build-outs of any tenant spaces. Notwithstanding the terms of Section 8.02 of the Original Lease, and except to the extent caused by Tenant or any Tenant Parties, and so long as Tenant strictly complies with the requirements of Section 8.02, if, during the Second Extended Term, Landlord is made aware and Landlord determines in its reasonable discretion that expenditures of a capital nature for the replacement of any heating, ventilation and air conditioning system (which is otherwise Tenant’s obligation to repair and maintain pursuant to the terms of the Lease) are necessary or are otherwise prudent to perform, Landlord shall cause such work to be completed subject to the terms of the Lease. Notwithstanding any provision of the Lease, this Workletter or the Lease Amendment to the contrary, if and to the extent that there are any water leaks in the Premises or any water damage to the walls, hard lid ceilings or ceiling tiles of the Premises (collectively “Necessary Repairs”), and within three ninety (390) days after the Commencement Date (i) Execution Date, Tenant gives Landlord written notice specifying such Necessary Repairs, Landlord shall promptly make the roof and roof membrane above the PremisesNecessary Repairs, (ii) foundation and structural components of the Base Building, (iii) at Landlord’s fire sprinkler sole cost and life-safety systemsexpense, if any, of the Base Building, and (iv) the electrical, water, sewer and plumbing systems of the Base Building serving the Premises (but only from the local utility’s systems to the point of entry into the Premises or to the meter or other point after which such system serves exclusively the Premises) are not in good working conditionand workmanlike manner; provided, except however, that Landlord shall have no obligation under this paragraph to the extent any of the foregoing conditions are to be removedcaused by or resulting from any act or omission of Tenant or any of Tenant’s contractors, demolished employees, agents, customers or altered invitees, including, without limitation, any work performed by or on behalf of Tenant, and within three (3) days after the Commencement Date Tenant gives Landlord written notice specifying what is not in good working condition, Landlord shall make necessary repairs to put such item or items in good working condition at Landlord’s sole cost and expense. Further, Tenant acknowledges and agrees that Tenant has been afforded ample opportunity to inspect the Premises, the Building and the Project, and has investigated their condition to the extent Tenant desires to do so.

AS IS Condition; Delivery. Landlord shall deliver the Premises vacant, broom clean in its current “as built” configuration with existing build-out of the tenant space, with the Premises and the Building (including the “Base Building”, as defined below) in their AS IS conditioncondition as of the Date of the Lease, and with the Landlord Work substantially complete, without any express or implied representations or warranties of any kind by Landlord, its brokers, manager or agents, or the employees of any of them; and Landlord shall not have any obligation to construct or install any tenant improvements or alterations or to pay for any such construction or installation except to the extent expressly provided in the Amendment and all exhibits theretothis Workletter. For purposes hereof, ‘the “Base Building” (sometimes also referred to as the “Base Building Work”) shall mean the improvements made and work performed during the Building’s initial course of construction and modifications thereto, excluding all original and modified build-outs of any tenant spaces. Notwithstanding any provision of this Workletter or the Lease to the contrary, if and to the extent that within three (3) days after upon delivery of the Commencement Date Premises, (i) the roof and roof membrane above the Premises, (ii) foundation and structural components of the Base Building, (iii) Landlord’s fire sprinkler and life-safety systems, if any, of the Base Building, and (iv) the electrical, water, sewer and plumbing systems of the Base Building serving the Premises (but only from the local utility’s systems to the point of entry into the Premises or to the meter or other point after which such system serves exclusively the Premises) are is not in good working conditionorder and condition at any time within one hundred (180)1 days after the Delivery Date; and (ii) the heating, except to ventilation and air conditioning system serving the extent Premises is not in good working order at any of the foregoing are to be removed, demolished or altered by Tenant, and time within three thirty (330) days after the Commencement Date Delivery Date, Tenant gives Landlord written notice specifying what is not in good working operating condition, Landlord shall make necessary repairs to put such item or items in good working condition at Landlord’s sole cost and expense. Furtheroperating condition; provided, Tenant acknowledges and agrees however, that Tenant has been afforded ample opportunity to inspect the Premises, the Building and the Project, and has investigated their condition Landlord shall have no obligation under this paragraph to the extent any of the foregoing conditions are caused by or resulting from any act of Tenant desires to do soor any of Tenant’s contractors, employees, agents, customers or invitees, including, without limitation, any work performed by or on behalf of Tenant.

AS IS Condition; Delivery. Landlord shall deliver the Premises broom clean in its current “as built” configuration with existing build-out of the tenant space, with the Premises and the Building (including the “Base Building”, as defined below) in their AS IS condition, without any express or implied representations or warranties of any kind by Landlord, its brokers, manager or agents, or the employees of any of them; and Landlord shall not have any obligation to construct or install any tenant improvements or alterations or to pay for any such construction or installation except to the extent expressly provided in the Amendment and all exhibits theretothis Workletter. For purposes hereof, the “Base Building” (sometimes also referred to as the “Base Building Work”) shall mean the improvements made and work performed during the Building’s initial course of construction and modifications thereto, excluding all original and modified build-outs of any tenant spaces. Notwithstanding any provision of this Workletter or the Lease to the contrary, if and to the extent that within three thirty (330) days after the Commencement Date earlier of (a) the date that Tenant first occupies all or part of the Premises for the conduct of business or (b) June 1, 2013, Tenant gives Landlord written notice specifying which, of the systems listed below is not in good operating condition, Landlord shall inspect such item or items and make necessary repairs or replacements to put such item or items in good operating condition: (i) the roof and roof membrane above the Premises, foundation (iiexcluding slab) foundation and structural components of the Base Building, : (iiiii) Landlord’s fire sprinkler and life-safety systems, if any, of the Base Building, and ; (iviii) the electrical, gas (if any), water, sewer and plumbing systems of the Base Building serving the Premises (but only from the local utility’s systems to the point of entry into the Premises or to the meter or other point after which such system serves exclusively the Premises): (iv) are not in good working conditionlighting of the Base Building within the Premises (which is acknowledged and agreed to exclude any supplemental or special lighting installed by any prior tenant or occupant); (v) standard heating, except ventilating and air conditioning systems (HVAC) of the Base Building serving the Premises (which is acknowledged and agreed to exclude any supplemental or special HVAC units or systems installed by any prior tenant or occupant); and (vi) loading doors, if, any, of the Base Building serving the Premises. Provided, however, Landlord shall have no obligation to repair or replace any such item to the extent any of the foregoing are to be it will be, or is in fact, removed, demolished or altered by Tenant, and within three (3) days after the Commencement Date Tenant gives Landlord written notice specifying what is not in good working condition, Landlord shall make necessary repairs to put such item or items in good working condition at Landlord’s sole cost and expense. Further, Tenant acknowledges and agrees that Tenant has been afforded ample opportunity to inspect the Premises, the Building and the Project, and has investigated their condition to the extent Tenant desires an act or omission of Tenant, its employees, agents, contractors or invitees has caused the failure to do sooperate properly.

AS IS Condition; Delivery. (a) Tenant acknowledges and agrees that Tenant presently occupies and has occupied the 200 & 220 Penobscot Space and Building 2 Space, and Tenant accepts the 200 & 220 Penobscot Space and Building 2 Space in their AS-IS condition, without any express or implied representations or warranties of any kind by Landlord, its brokers, manager or agents, or the employees of any of them regarding the Premises. Landlord shall not have any obligation to construct or install any tenant improvements or alterations or to pay for any such construction or installation in any portion of the Premises, except as expressly set forth in the Amendment and all exhibits thereto. (b) Landlord shall deliver the Premises 101 Saginaw Space broom clean in its current “as built” configuration with existing build-out of the tenant space, with the Premises 101 Saginaw Space and the Building Number 1 (including the “Base Building”, as defined below) in their AS IS condition, without any express or implied representations or warranties of any kind by Landlord, its brokers, manager or agents, or the employees of any of them; and Landlord shall not have any obligation to construct or install any tenant improvements or alterations or to pay for any such construction or installation except to the extent expressly provided in the Amendment and all exhibits thereto. For purposes hereof, the “Base Building” (sometimes also referred to as the “Base Building Work”) shall mean the improvements made and work performed during the applicable Building’s initial course of construction and modifications thereto, excluding all original and modified build-outs of any tenant spaces. Notwithstanding any provision of this Workletter or the Lease to the contrary, to the extent that within three (3) business days after the Commencement Date (i) the roof and roof membrane (but not including the roof insulation) above the Premises101 Saginaw Space, (ii) foundation and structural components of the Base BuildingBuilding (for Building Number 1), (iii) Landlord’s fire sprinkler and life-safety systems, if any, of the Base BuildingBuilding (for Building Number 1), and (iv) the electrical, water, sewer and plumbing systems of the Base Building serving the Premises 101 Saginaw Space (but only from the local utility’s systems to the point of entry into the Premises 101 Saginaw Space or to the meter or other point after which such system serves exclusively the Premises101 Saginaw Space) are not in good working condition, except to the extent any of the foregoing are to be removed, demolished or altered by Tenant, and within three (3) business days after the Commencement Date Tenant gives Landlord written notice specifying what is not in good working condition, Landlord shall make necessary repairs to put such item or items in good working condition at Landlord’s sole cost and expense. Further, Tenant acknowledges and agrees that Tenant has been afforded ample opportunity to inspect the Premises101 Saginaw Space, the Building Number 1 and the Project, and has investigated their condition to the extent Tenant desires to do so.

AS IS Condition; Delivery. Landlord shall deliver the Premises broom clean in its current “as built” configuration with existing build-out of the tenant space, with the Premises and the Building (including the “Base Building”, as defined below) in their AS IS condition, without any express or implied representations or warranties of any kind by Landlord, its brokers, manager or agents, or the employees of any of them; and Landlord shall not have any obligation to construct or install any tenant improvements or alterations or to pay for any such construction or installation except to the extent expressly provided in the Amendment and all exhibits theretothis Workletter. For purposes hereof, the “Base Building” (sometimes also referred to as the “Base Building Work”) shall mean the improvements made and work performed during the Building’s initial course of construction and modifications thereto, excluding all original and modified build-outs of any tenant spaces. Notwithstanding any provision of this Workletter or the Lease to the contrary, if and to the extent that within three (3) days after upon delivery of the Commencement Date Premises, (i) the roof and roof membrane above the Premises, ; (ii) foundation (excluding slab) and structural components of the Base Building, ; (iii) Landlord’s fire sprinkler and life-safety systems, if any, of the Base Building, and ; (iv) the electrical, water, sewer and plumbing systems of the Base Building serving the Premises (but only from the local utility’s systems to the point of entry into the Premises or to the meter or other point after which such system serves exclusively the Premises); (v) lighting of the Base Building within the Premises (which is acknowledged and agreed to exclude any supplemental or special lighting installed by any prior tenant or occupant); and (vi) loading doors, if any, of the Base Building serving the Premises; are not in good working order and condition, and if and to the extent that there is any water damage to the walls, hard lid ceilings or ceiling tiles, except to the extent any of the foregoing are to be removed, demolished or altered by Tenant, and within three twenty (320) days after the Commencement Delivery Date (as defined in Section 2 of Rider 2) Tenant gives Landlord written notice specifying what is not in good working operating condition, Landlord shall make necessary repairs to put such item or items in good working condition at Landlord’s sole cost and expenseoperating condition. Further, Tenant acknowledges and agrees that Tenant has been afforded ample opportunity that, subject to inspect the Premisesprovisions of Section 2 of this Workletter, the Building and existing HVAC equipment serving the ProjectPremises is delivered in its AS IS condition, without any express or implied representations or warranties of any kind by Landlord, its brokers, manager or agents, or the employees of any of them as to its condition, and has investigated their condition Landlord shall not have any obligation for repair or replacement with respect to the extent Tenant desires HVAC equipment except to do soperform the repair and replacement of such HVAC equipment specified below as the Landlord Work.

AS IS Condition; Delivery. Landlord shall deliver the Premises broom clean in its current “as built” configuration with existing build-out of the tenant space, with the Premises and the Building (including the “Base Building”, as defined below) in their AS IS condition, without any express or implied representations or warranties of any kind by Landlord, its brokers, manager or agents, or the employees of any of them; and Landlord shall not have any obligation to construct or install any tenant improvements or alterations or to pay for any such construction or installation except to the extent expressly provided in the Amendment and all exhibits theretothis Workletter. For purposes hereof, the “Base Building” (sometimes also referred to as the “Base Building Work”) shall mean the improvements made and work performed during the Building’s initial course of construction and modifications thereto, excluding all original and modified build-outs of any tenant spaces. Notwithstanding any provision of this Workletter or the Lease Amendment to the contrary, if and to the extent that within three (3) days after upon delivery of the Commencement Date Premises, (i) the roof and roof membrane above the Premises, ; (ii) foundation (excluding slab) and structural components of the Base Building, ; (iii) Landlord’s fire sprinkler and life-safety systems, if any, of the Base Building, and ; and (iv) the electrical, water, sewer and plumbing systems of the Base Building serving the Premises (but only from the local utility’s systems to the point of entry into the Premises or to the meter or other point after which such system serves exclusively the Premises) ). are not in good working order and condition, and if and to the extent that there is any water damage to the walls, hard lid ceilings or ceiling tiles, except to the extent any of the foregoing are to be removed, demolished or altered by Tenant, and within three twenty (320) days after the Commencement Expansion Space A Delivery Date (as defined in Section 3(b) of the Amendment) Tenant gives Landlord written notice specifying what is not in good working operating condition, Landlord shall make necessary repairs to put such item or items in good working condition at Landlord’s sole cost and expense. Furtheroperating condition; provided, Tenant acknowledges and agrees however, that Tenant has been afforded ample opportunity to inspect the Premises, the Building and the Project, and has investigated their condition Landlord shall have no obligation under this paragraph to the extent any of the foregoing conditions are caused by or resulting from any act or omission of Tenant desires to do soor any of Tenant’s contractors, employees, agents, customers or invitees, including, without limitation, any work performed by or on behalf of Tenant.