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.
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Samples: Workletter Agreement (Codexis Inc), Workletter Agreement (Codexis Inc)
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.
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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.
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