As-Is Condition. Subtenant hereby accepts the First Floor Additional Premises in their presently existing “AS-IS” condition. Subtenant acknowledges that (a) it was given a full opportunity to inspect the First Floor Additional Premises; (b) as of the Effective Date, Subtenant has inspected the First Floor Additional Premises; (c) neither Sublandlord nor its agents or employees have made any representations or warranties as to the condition of the First Floor Additional Premises, or the suitability or fitness of the First Floor Additional Premises for the conduct of Subtenant’s business or for any other purpose; and (d) neither Sublandlord nor its agents or employees agreed to undertake any alterations or construct any tenant improvements in the First Floor Additional Premises, except as specifically set forth below in this Section 5. Sublandlord shall have no obligation to perform any work in the First Floor Additional Premises (including demolition of any improvements existing therein or construction of any tenant finish-work or other improvements therein) except as specifically set forth below in this Section 5, and Sublandlord shall not be obligated to reimburse Subtenant or provide an allowance for any costs related to the demolition or construction of improvements therein. Sublandlord shall construct a demising wall in the First Floor Additional Premises in the location shown on Exhibit A, and Subtenant acknowledges that the First Floor Additional Premises are not separately demised as of the date of this Amendment.
Appears in 1 contract
Samples: Sublease (Synacor, Inc.)
As-Is Condition. Subtenant hereby accepts the First Floor Additional Subleased Premises in their presently existing its current, “ASas-ISis” condition. Subtenant acknowledges that (a) it was given a full opportunity to inspect the First Floor Additional Premises; (b) as of the Effective Date, Subtenant has inspected the First Floor Additional Premises; (c) neither Sublandlord nor its agents or employees have made any representations or warranties as to the condition of the First Floor Additional Premises, or the suitability or fitness of the First Floor Additional Premises for the conduct of Subtenant’s business or for any other purpose; and (d) neither Sublandlord nor its agents or employees agreed to undertake any alterations or construct any tenant improvements in the First Floor Additional Premises, except as specifically set forth below in this Section 5. Sublandlord shall have no obligation to perform furnish or supply any work work, services, furniture, fixtures, equipment, or decorations, except for those items separately agreed upon and included in a Xxxx of Sale executed concurrently herewith. Sublandlord does not make any representations or warranties with respect to the First Floor Additional Premises (including demolition i) condition of any improvements existing therein the Subleased Premises, or construction of any tenant finish-work the fixtures or other improvements equipment therein) except as specifically set forth below in this Section 5, including, without limitation, the telephone and data cabling, the compressed air distribution, electrical, mechanical, plumbing, alarm, and heating, air conditioning and ventilation systems, if any; provided, however, that Sublandlord shall deliver the Subleased Premises to Subtenant in a broom clean condition and (ii) whether the Subleased Premises is in compliance with any laws, regulations, rules, ordinances, or any other requirements having the effect of law (including, without limitation, compliance with any safety requirements and the Americans with Disabilities Act). Subtenant acknowledges and agrees that Sublandlord shall not be obligated required to reimburse make any alterations, improvements, installations, or repairs, to prepare the Subleased Premises for Subtenant’s occupancy. Subtenant shall obtain, at its sole cost and expense, any licenses or provide an allowance permits required in connection with the operation of its business in the Subleased Premises. Subtenant shall, at Subtenant’s cost and expense, clean and maintain, and make all repairs and replacements to the Subleased Premises, the fixtures, and appurtenances therein, including the heating, ventilation and air conditioning system serving the Subleased Premises, as, and when, needed to preserve the Subleased Premises in good working order and condition, in accordance with the terms of the Primary Lease and in compliance with all laws and other requirements having the force of law, arising from the use and/or occupancy of the Subleased Premises, except for any costs related cleaning, maintenance, repairs and replacement provided in the Primary Lease to be made by Landlord. On or before the Sublease Expiration Date or earlier termination or expiration of this Sublease, Subtenant shall restore the Subleased Premises to the demolition or construction of improvements therein. Sublandlord shall construct a demising wall in the First Floor Additional Premises in the location shown on Exhibit A, and Subtenant acknowledges that the First Floor Additional Premises are not separately demised condition existing as of the date Sublease Commencement Date, ordinary wear and tear excepted. The obligations of Subtenant hereunder shall survive the expiration or earlier termination of this AmendmentSublease.
Appears in 1 contract
As-Is Condition. Subtenant hereby accepts the First Floor Additional The Premises are delivered to Tenant broom clean, free of all other occupants and in their presently existing “ASas-ISis” condition. Subtenant acknowledges that Xxxxxx has inspected the Premises and agrees (a) it was given a full opportunity to inspect accept possession of the First Floor Additional Premises; Premises in the condition existing as of the Commencement Date, in “as is” condition, (b) as that neither Landlord nor any of the Effective Date, Subtenant has inspected the First Floor Additional Premises; (c) neither Sublandlord nor its Landlord’s agents or employees have made any representations or warranties as with respect to the condition of the First Floor Additional Premises, Premises or the suitability or fitness of the First Floor Additional Premises for the conduct of Subtenant’s business or for any other purpose; Building, and (dc) neither Sublandlord nor its agents or employees agreed to undertake any alterations or construct any tenant improvements in the First Floor Additional Premises, except as specifically set forth below in this Section 5. Sublandlord shall have Landlord has no obligation to perform any work in work, or make any alterations, additions or improvements to the First Floor Additional Premises (including demolition to prepare the Premises for Tenant’s use and occupancy, except as set forth below. Tenant’s occupancy of any improvements existing therein part of the Premises shall be conclusive evidence, that Xxxxxx has accepted possession of the Premises in its then-current condition, and that at the time such possession was taken, the Premises and the Building were in a good and satisfactory condition as required by this Lease. Subject to the terms below, on or construction of any tenant finish-before the Commencement Date, Landlord shall perform certain work or other improvements therein) except at Tenant’s sole cost and expense (as specifically set forth below below) in this Section order to modify the Premises in accordance with the documents entitled “Keystone 154 leasehold improvements notes” dated March 5, 2015, using building standard materials in all cases. The cost of such work shall include (i) all items shown on the estimate from X.X. Xxxxxxx dated March 25, 2015 (plus an additional $10,000.00 for carpet), (ii) architectural expenses, and Sublandlord shall not be obligated to reimburse Subtenant or provide an allowance for (iii) a construction management fee. It is understood that any costs related reference to the demolition installation of AC systems refers to the relocation of two (2) or construction three (3) small, split air conditioning units from Tenant’s existing premises at 000 Xxxxxxxxx Xxxxxxxx, Xxxxxxxxxx, Xxxxxxxxxxxxx to the Premises. Tenant shall pay Landlord, as Additional Rent, for the cost of improvements thereinthe Landlord’s work as follows: fifty (50%) percent shall be paid prior to Landlord’s commencement of the work and the balance shall be paid within twenty (20) days of Landlord’s invoice therefor. Sublandlord shall construct a demising wall in Notwithstanding anything to the First Floor Additional Premises in contrary set forth herein, Landlord’s obligation to complete such work on or before the location shown Commencement Date is conditioned upon all of the following conditions occurring on Exhibit Aor before May 1, 2015: (x) the execution of this Lease by Xxxxxx and Landlord, (y) floor plan approval by the parties, and Subtenant acknowledges (z) finish selections being made by Tenant and delivered to Landlord (such conditions collectively the “Work Conditions”). In the event that all of the First Floor Additional Premises Work Conditions are not separately demised as satisfied on or before May 1, 2015, then for each day of delay thereafter until all of the date of this AmendmentWork Conditions are satisfied Landlord shall receive one (1) additional business day following the Commencement Date to complete such work.
Appears in 1 contract
As-Is Condition. Subtenant Tenant hereby accepts the First Floor Additional base, shell and core (i) of the Premises, and (ii) of the floor(s) of the Building on which the Premises are located (collectively, the "Base, Shell and Core"), in their presently existing “its current "AS-IS” condition. Subtenant acknowledges that (a) it was given a full opportunity to inspect the First Floor Additional Premises; (b) " condition existing as of the Effective Date, Subtenant has inspected the First Floor Additional Premises; (c) neither Sublandlord nor its agents or employees have made any representations or warranties as to the condition date of the First Floor Additional Premises, or Lease and the suitability or fitness date of the First Floor Additional Premises delivery to Tenant. Except for the conduct of Subtenant’s business or for any other purpose; and (d) neither Sublandlord nor its agents or employees agreed to undertake any alterations or construct any tenant improvements in the First Floor Additional Premises, except as specifically Tenant Improvement Allowance set forth below in this Section 5. Sublandlord shall have no obligation to perform any work in the First Floor Additional Premises (including demolition of any improvements existing therein or construction of any tenant finish-work or other improvements therein) except as specifically set forth below in this Section 5below, and Sublandlord Landlord shall not be obligated to reimburse Subtenant make or provide an allowance pay for any costs related alterations or improvements to the demolition Premises, the Building, the Project or construction of improvements thereinthe Real Property. Sublandlord shall construct a demising wall in Notwithstanding the First Floor Additional Premises in the location shown on Exhibit Aforegoing, and Subtenant acknowledges if it is determined that the First Floor Additional Premises are or any of the base building systems serving the Premises or the Building structure were not separately demised in good working order and condition and in compliance with applicable Laws, rules and regulations as of the date of delivery to Tenant (including the "path of travel" to the Premises through the common areas complying with the Americans with Disabilities Act) (a “Non-Compliant Condition”), and such Non-Compliant Condition is not due to Tenant’s particular use (i.e., a use other than general office use) of, or activities or work in, the Premises, Landlord shall (as Tenant's sole remedy therefor) correct such non-compliance at Landlord’s cost within a commercially reasonable time after Landlord’s receipt of written notice thereof (provided that such notice must be received within nine (9) months following the date of execution and delivery of this AmendmentLease). For clarity, to the extent that a Non-Compliant Condition is triggered by the initial Tenant Improvements constructed hereunder, and the Non-Compliant Condition does not arise out of or result from Tenant’s particular use (i.e., a use other than general office use) of or work within the Premises which is inconsistent with typical office use), then Landlord shall (as Tenant's sole remedy therefor) correct such non-compliance at Landlord’s cost within a commercially reasonable time after Landlord’s receipt of written notice thereof (provided that such notice must be received within nine (9) months following the date of execution and delivery of this Lease).
Appears in 1 contract
Samples: Office Lease (Mitek Systems Inc)
As-Is Condition. Subtenant hereby Sublessee accepts the First Floor Additional Premises in their presently existing “AS-IS” its condition as it exists on the date hereof, in a broom swept condition. Subtenant acknowledges that (a) it was given a full opportunity to inspect the First Floor Additional Premises; (b) as of the Effective Date, Subtenant has inspected the First Floor Additional Premises; (c) neither Sublandlord nor its agents and Sublessor makes no representation or employees have made any representations or warranties as to warranty concerning the condition of the First Floor Additional Premises, or the suitability or fitness of the First Floor Additional Premises for the conduct of Subtenant’s business or for any other purpose; and (d) neither Sublandlord nor its agents or employees agreed to undertake any alterations or construct any tenant improvements in the First Floor Additional Premises, except . Except as specifically expressly set forth below in this Section 5. Sublandlord herein, Sublessor shall have no obligation whatsoever to perform make any repairs or improvements to the Premises or the building in which the Premises are a part, or to provide Sublessee with any improvement allowance; provided, however, that Sublessor shall (a) construct all doors and walls necessary to separately demise the Premises from all other portions of the Building ("Landlord's Work"), the cost of which the parties shall share equally, and (b) cause to be repaired or installed all the work in the First Floor Additional Premises (including demolition of any improvements existing therein or construction of any tenant finish-work or other improvements therein) except as specifically set forth below in on EXHIBIT "A-2". (The location of said door or wall is identified on the drawing attached hereto as EXHIBIT "A-1.") Within ten (10) days after the Commencement Date, Sublessor shall submit to Sublessee an estimate for the total cost of completing Landlord's Work (the "Estimate"). Within ten (10) days after its receipt of the Estimate, Sublessee shall provide Sublessor with written notice indicating whether Sublessee elects to complete Landlord's Work; provided, however, for the purposes of this Section 5Sublease, and Sublandlord Sublessee's failure to deliver such notice with the ten (10) day period shall be deemed an election not to complete Landlord's Work. If Sublessee elects not to complete Landlord's Work within the ten (10) day period, Sublessor shall complete the same. Further, if Sublessee elects to complete Landlord's Work, then Sublessee shall be obligated entitled to reimburse Subtenant or provide an allowance for any deduct fifty percent (50%) of Sublessee's out-of-pocket costs related to complete the demolition or construction Landlord's Work from Sublessee's Rent obligations; provided, however, the maximum deduction from Sublessee's Rent obligations shall be fifty percent (50%) of improvements thereinthe Estimate. Sublandlord shall construct a demising wall in the First Floor Additional Premises in the location shown on Exhibit A, and Subtenant Sublessee acknowledges that the First Floor Additional Master Lessor intends to retrofit the Premises are for seismic purposes and Sublessee agrees not separately demised to interfere with Master Lessor's completion of such work. Sublessor (i) takes no responsibility for the timing or quality of Master Lessor's work in so retrofitting the Premises, and (ii) shall have no responsibility or liability for any interference with Sublessee's business operations as a result thereof. Further, in accordance with the Letter Agreement of April 25, 2000, a copy of the date same attached hereto as EXHIBIT "D", Sublessor and Lee & Xssociates shall contract for and pay all costs ("Sandblast Costs") associated with the sandblast of this Amendmentthe interior roof of the Premises.
Appears in 1 contract
Samples: Venture Catalyst Inc
As-Is Condition. Subtenant hereby accepts shall accept possession of the First Floor Additional Subleased Premises and the Exclusive Use Areas on the Sublease Commencement Date, subject to restrictions of all applicable covenants of record, the Master Lease, the applicable zoning laws and other laws regulating the use of the Subleased Premises and the Exclusive Use Areas and the provisions of Section 5.4(b) hereof regarding the Navistar Controlled Subleased Space. Subtenant acknowledges and agrees that, subject to Sublandlord’s proper completion of the Demising Work and the provisions of Section 5.4(b) hereof regarding the Navistar Controlled Subleased Space, Subtenant shall take possession of the Subleased Premises and the Exclusive Use Areas on the Sublease Commencement Date in their presently existing an “AS-AS IS” condition. Subtenant agrees and acknowledges that (a) it was given a full opportunity to inspect the First Floor Additional Premises; (b) that, except as of the Effective Dateexpressly set forth in this Sublease, Subtenant has inspected the First Floor Additional Premises; (c) neither Sublandlord nor its agents any agent, attorney, employee or employees have representative of Sublandlord has made any representations representation respecting or warranties has made any warranty whatsoever, express or implied, regarding the Subleased Premises and the Exclusive Use Areas. The foregoing notwithstanding, Subtenant shall not be liable for any Environmental Condition (as defined in the Master Lease) at, on, under or emanating from the Premises or any part thereof existing or occurring prior to the condition of the First Floor Additional Premises, or the suitability or fitness of the First Floor Additional Premises Sublease Commencement Date nor shall Subtenant be responsible for the conduct remediation thereof, except to the extent that Sublandlord has delivered written notice to Subtenant of an existing Environmental Condition and Subtenant exacerbates the same in a negligent or willful manner, except if Subtenant’s actions are in the normal course of Subtenant’s business or for any other purpose; and (d) neither Sublandlord nor its agents or employees agreed to undertake any alterations or construct any tenant improvements in operations at the First Floor Additional Premises, except as specifically set forth below in this Section 5. Sublandlord shall have no obligation to perform any work in the First Floor Additional Premises (including demolition of any improvements existing therein or construction of any tenant finish-work or other improvements therein) except as specifically set forth below in this Section 5, and Sublandlord shall not be obligated to reimburse Subtenant or provide an allowance for any costs related to the demolition or construction of improvements therein. Sublandlord shall construct a demising wall in the First Floor Additional Premises in the location shown on Exhibit A, and Subtenant acknowledges that the First Floor Additional Premises are not separately demised as of the date of this AmendmentFacility.
Appears in 1 contract
Samples: Sublease (FreightCar America, Inc.)
As-Is Condition. Subtenant Tenant hereby accepts agrees that Tenant is in occupancy of the First Floor Additional Existing Premises and shall continue accept the Existing Premises in their presently existing “AS-IS” its currently existing, "as is" condition. Subtenant acknowledges that (a) it was given a full opportunity to inspect the First Floor Additional Premises; (b) as of the Effective Date, Subtenant has inspected the First Floor Additional Premises; (c) neither Sublandlord nor its agents or employees have made any representations or warranties as to the condition of the First Floor Additional Premises, or the suitability or fitness of the First Floor Additional Premises for the conduct of Subtenant’s business or for any other purpose; and (d) neither Sublandlord nor its agents or employees agreed to undertake any alterations or construct any tenant improvements in the First Floor Additional Premises, except as specifically set forth below in this Section 5. Sublandlord shall have no obligation to perform any work in the First Floor Additional Premises (including demolition of any improvements existing therein or construction of any tenant finish-work or other improvements therein) except as specifically set forth below in this Section 5, and Sublandlord Landlord shall not be obligated to reimburse Subtenant provide or provide an allowance pay for any costs improvement work or services related to the demolition improvement of the Existing Premises. Additionally, Tenant hereby acknowledges and agrees that, except as set forth in this Section 2, below, Sections 6 and 7, below, Tenant shall accept the Expansion Premises in its presently existing, "as-is" condition, and Landlord shall not be obligated to provide or construction pay for any improvement work or services related to the improvement of improvements thereinthe Expansion Premises. Sublandlord Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Existing Premises, the Expansion Premises, or the Building or with respect to the suitability of any of the foregoing for the conduct of Tenant's business. Notwithstanding the foregoing, Landlord shall construct deliver possession of the Expansion Premises to Tenant (i) in a demising wall broom-clean condition, and free of debris and any personal property and affects from any prior tenants previously occupying the Expansion Premises, and (ii) with all Building Systems (defined below) serving the Expansion Premises in good working order and condition (such condition shall be referred to herein as the "Delivery Condition"). For the purposes of this Third Amendment, "Building Systems" shall mean the plumbing, sewer, drainage, electrical, fire protection, elevator, life safety and security systems and equipment, existing heating, ventilation and air-conditioning systems, and all other mechanical, electrical and communications systems and equipment which are located in the First Floor Additional Premises in the location shown on Exhibit A, and Subtenant acknowledges that the First Floor Additional Premises are not separately demised as internal core of the date of this AmendmentBuilding and which serve the Building generally.
Appears in 1 contract
Samples: To Lease (ChromaDex Corp.)
As-Is Condition. Subtenant Landlord has previously constructed, and, subject to Landlord's obligation under Section 1.1.1 of the Lease, Tenant hereby accepts the First Floor Additional base, shell and core (i) of the Premises and (ii) of the floor(s) of the Building on which the Premises are located (collectively, the "Base, Shell and Core"), in their presently existing “its current "AS-IS” condition. Subtenant acknowledges that (a) it was given a full opportunity to inspect the First Floor Additional Premises; (b) " condition existing as of the Effective Date, Subtenant has inspected the First Floor Additional Premises; (c) neither Sublandlord nor its agents or employees have made any representations or warranties as to the condition date of the First Floor Additional Premises, or the suitability or fitness of the First Floor Additional Premises Lease and Lease Commencement Date. Except for the conduct of Subtenant’s business or for any other purpose; and (d) neither Sublandlord nor its agents or employees agreed to undertake any alterations or construct any tenant improvements in the First Floor Additional Premises, except as specifically Tenant Improvement Allowance set forth below in this Section 5. Sublandlord shall have no obligation to perform any work in the First Floor Additional Premises (including demolition of any improvements existing therein or construction of any tenant finish-work or other improvements therein) except as specifically set forth below in this Section 5below, and Sublandlord Landlord shall not be obligated to reimburse Subtenant make or provide an allowance pay for any costs related alterations or improvements to the demolition Premises, the Building or the Complex. Upon execution of this Lease, Landlord shall provide Tenant (or its Architect, as defined below) with Landlord's most recently prepared wet-stamped path of travel drawings for the Building. Notwithstanding anything to the contrary contained herein, in the event that, during construction of improvements therein. Sublandlord shall construct a demising wall the initial Tenant Improvements pursuant to this Exhibit B, Hazardous Materials are discovered in the First Floor Additional Premises or the Common Areas of the Building that require remediation and/or abatement, then Landlord shall be responsible, at Landlord's sole cost, for any such remediation/abatement to the extent required by applicable governmental agencies. In the event that any Hazardous Material remediation by Landlord as required pursuant to the immediately preceding sentence causes an actual delay in Tenant's completion of construction of the Tenant Improvements, then Tenant shall receive a credit against Base Rent next coming due an amount equal to one (1) day of Base Rent at the rate payable at the commencement of the Lease Term for each day that Tenant is actually delayed in occupying the Premises solely as a result of Landlord's Hazardous Materials remediation/abatement work. In addition to the foregoing, in the location shown on Exhibit A, and Subtenant acknowledges event that the First Floor Additional Premises are not separately demised as Tenant Improvements trigger the need for code compliance work (including ADA and Title 24 or other Applicable Laws) at the Building, but outside of the date Premises, including in the Common Areas, including the path of this Amendmenttravel to the Premises, or any restrooms on Tenant's floors, then Landlord shall perform such code compliance work at Landlord's sole cost and expense in accordance with Applicable Laws. In the event that Landlord's failure to complete any of the foregoing code compliance work causes the City of San Francisco ("City") to not allow Tenant to occupy the Premises, then Tenant shall receive a credit against Base Rent next coming due in an amount equal to one (1) day of Base Rent at the rate payable at the commencement of the Lease Term for each day that Tenant is actually prevented from occupying the Premises by the City solely as a result of Landlord's failure to complete any of the foregoing code compliance work.
Appears in 1 contract
As-Is Condition. Subtenant hereby accepts the First Floor Additional Premises in their presently existing “AS-IS” condition. Subtenant Tenant acknowledges that (a) it was given a full opportunity to inspect the First Floor Additional Premises; (b) as Tenant has been and is in occupancy of the Effective Date, Subtenant has inspected the First Floor Additional Existing Premises; (c) neither Sublandlord nor its agents or employees have made any representations or warranties as to . Tenant is fully aware of the condition of the First Floor Additional Existing Premises, or and therefore, Tenant shall continue to accept the suitability or fitness of the First Floor Additional Remaining Premises for the conduct of Subtenant’s business or for any other purpose; and (d) neither Sublandlord nor in its agents or employees agreed to undertake any alterations or construct any tenant improvements in the First Floor Additional Premisespresently existing, except “as specifically set forth below in this Section 5. Sublandlord shall have no obligation to perform any work in the First Floor Additional Premises (including demolition of any improvements existing therein or construction of any tenant finish-work or other improvements therein) except as specifically set forth below in this Section 5is” condition, and Sublandlord Landlord shall not be obligated to reimburse Subtenant provide or provide an allowance pay for any costs related improvements or alterations to the demolition or construction of improvements therein. Sublandlord shall construct a demising wall Remaining Premises, except as expressly set forth in the First Floor Additional Premises in Tenant Work Letter attached hereto as Exhibit B (the location shown on Exhibit A"Tenant Work Letter") or this Section 5. Notwithstanding the foregoing, Landlord shall perform any work necessary such that the plumbing (not including plumbing for lab processing), electrical systems, fire sprinkler system, lighting, and Subtenant all other building systems serving the Remaining Premises are in good operating condition and repair, provided that the need to repair or replace was not caused by the misuse, misconduct, damage, destruction, omissions, failure to maintain pursuant to the Lease, and/or negligence of Tenant, its subtenants and/or assignees, if any, or any company which is acquired, sold or merged with Tenant (collectively, "Tenant Damage"), or by any unreasonable modifications, alterations or improvements constructed by or on behalf of Tenant. To the extent repairs which Landlord is required to make pursuant to this Section 6 are necessitated in part by Tenant Damage, then Tenant shall reimburse Landlord for an equitable proportion of the reasonable costs of such repair. For purposes of Section 1938 of the California Civil Code, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges that the First Floor Additional Common Areas, the Existing Premises, the Remaining Premises are and the Give-Back Space have not separately demised as undergone inspection by a Certified Access Specialist (CASp). As required by Section 1938(e) of the date California Civil Code, Landlord hereby states as follows: "A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of this Amendmentthe applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction- related accessibility standards within the premises." In furtherance of the foregoing, Landlord and Tenant hereby agree as follows: (a) any CASp inspection requested by Tenant shall be conducted, at Tenant's sole cost and expense, by a CASp reasonably approved in advance by Landlord; and (b) pursuant to Article 24 of the Original Lease, Tenant, at its cost, is responsible for making any repairs within the Premises to correct violations of construction-related accessibility standards created by Tenant and discovered as part of the CASp inspection; and, if anything done by or for Tenant in its use or occupancy of the Premises shall require repairs to the Building (outside the Premises) to correct violations of construction-related accessibility standards created by Tenant, then Tenant shall, at Landlord's option, either perform such repairs at Tenant's sole cost and expense or reimburse Landlord upon demand, as Additional Rent, for the cost to Landlord of performing such repairs.
Appears in 1 contract
Samples: Lease (TerraVia Holdings, Inc.)