Common use of Building Condition Clause in Contracts

Building Condition. Sublessor shall provide that all mechanical, electrical, HVAC and plumbing systems are in good working order and condition as of the Commencement Date. If such systems are not in good working order, Sublessee must notify Sublessor of any deficiency within ninety (90) days of Sublessor’s delivery of the Premises, and Sublessor shall, at Sublessor’s sole cost and expense and as Sublessee’s sole remedy therefor, either (i) to the extent such systems are Sublessor’s obligation to repair and maintain pursuant to the Master Lease, put such systems in good working order, or (ii) to the extent such systems are Lessor’s obligation to repair and maintain pursuant to the Master Lease, Sublessor shall notify Lessor of the need for any repairs or maintenance. Sublessee will have use of Sublessee’s Pro-Rata Share of all existing infrastructure, including HVAC, water, gas, power, emergency generators and other equipment unique to the Building which has been designed to support the Premises (“Building Systems”); provided that Sublessor’s share of the allocation of Building Systems will be adjusted as required to account for its vivarium. Sublessee, in addition to Operating Expenses and other Rent due hereunder, shall be responsible for Sublessee’s Pro Rata Share of the cost incurred by Sublessor for repair, maintenance and replacement of the Building Systems, including without limitation the deionized water system, but not including any costs related solely to Sublessor’s vivarium, which amounts will be billed to Sublessee by Sublessor directly to the extent Sublessor provides such repair, maintenance or replacement, in which case such amounts shall be payable by Sublessee as Additional Rent within thirty (30) days after its receipt of an invoice therefore. For any repair, maintenance or replacement of Building Systems performed by Lessor, Sublessee will pay Sublessee’s Pro Rata Share of such costs in the same manner as provided under the Master Lease. Sublessee agrees that Sublessor shall not be required to perform any of the covenants, agreements and/or obligations of Lessor under the Master Lease and, insofar as any of the covenants, agreements and obligations of Sublessor hereunder are required to be performed under the Master Lease by Lessor thereunder, Sublessee acknowledges and agrees that Sublessee will look solely to Lessor for such performance. Sublessor shall not be responsible for any failure or interruption, for any reason whatsoever, of the services, utilities or facilities that may be appurtenant or supplied to the Premises by Lessor or otherwise and no such failure will in any way excuse Sublessee’s performance under this Sublease or entitle Sublessee to any abatement of rent or other charge, except as may be expressly permitted by the terms of the Master Lease. Sublessee shall pay to Sublessor as Rent hereunder any and all sums which Sublessor may be required to pay Lessor arising out of a request by Sublessee for additional building services or any other services from Lessor, and which Lessor bills to Sublessor.

Building Condition. Sublessee shall accept the Premises in its “as-is” condition. Note that Sublessor shall provide that all mechanical, electrical, HVAC has not occupied the Premises and plumbing systems are will deliver in good working order and same condition as Sublessor has received from Landlord on June 15, 2020 which is the commencement date of the Commencement Date. If such systems are not in good working order, Sublessee must notify Sublessor of any deficiency within ninety (90) days of Sublessor’s delivery of the Premises, and Sublessor shall, at Sublessor’s sole cost and expense and as Sublessee’s sole remedy therefor, either (i) to the extent such systems are Sublessor’s obligation to repair and maintain pursuant to the Master Lease, put such systems in good working order, or (ii) to the extent such systems are Lessor’s obligation to repair and maintain pursuant to the Master Lease, Sublessor shall notify Lessor of the need for any repairs or maintenance. Sublessee will have use of Sublessee’s Pro-Rata Share of all existing infrastructure, including HVAC, water, gas, power, emergency generators and other equipment unique to the Building which has been designed to support the Premises (“Building Systems”); provided that Sublessor’s share of the allocation of Building Systems will be adjusted as required to account for its vivarium. Sublessee, in addition to Operating Expenses and other Rent due hereunder, shall be responsible for Sublessee’s Pro Rata Share of the cost incurred by Sublessor for repair, maintenance and replacement of the Building Systems, including without limitation the deionized water system, but not including any costs related solely to Sublessor’s vivarium, which amounts will be billed to Sublessee by Sublessor directly to the extent Sublessor provides such repair, maintenance or replacement, in which case such amounts shall be payable by Sublessee as Additional Rent within thirty (30) days after its receipt of an invoice therefore. For any repair, maintenance or replacement of Building Systems performed by Lessor, Sublessee will pay Sublessee’s Pro Rata Share of such costs in the same manner as provided under the Master Lease. Sublessee agrees that Sublessor shall not be required to perform any of the covenants, agreements and/or obligations of Lessor under the Master Lease and, insofar as any of the covenants, agreements and obligations of Sublessor hereunder are required to be performed under the Master Lease by Lessor thereunder, Sublessee acknowledges and agrees that Sublessee will look solely to Lessor for such performance. Sublessor shall not be responsible for any failure or interruption, for any reason whatsoever, of the services, utilities or facilities that may be appurtenant or supplied to the Premises by Lessor or otherwise and no such failure will in any way excuse Sublessee’s performance under this Sublease or entitle Sublessee to any abatement of rent or other charge, except as may be expressly permitted by the terms of the Master Lease. Sublessee shall pay to Sublessor as Rent hereunder any and all sums which Sublessor may be required to pay Lessor arising out of a request by Sublessee for additional building services or any other services from Lessor, and which Lessor bills to Sublessor.

Building Condition. Sublessor shall provide that all mechanical, electrical, HVAC and plumbing systems are in good working order and Tenant hereby acknowledges that: (a) it has been advised by Landlord to satisfy itself with respect to the condition of the Expansion Premises as of the Commencement Date. If such systems are date of this Amendment, which shall be subject to Tenant’s right to inspect and approve the Tenant Improvements to be constructed by Landlord in accordance with Exhibit B (including but not in good working orderlimited to the electrical and fire sprinkler systems, Sublessee must notify Sublessor of any deficiency within ninety (90) days of Sublessor’s delivery security, environmental aspects, compliance with applicable laws and the present and future suitability of the PremisesExpansion Premises for Tenant’s intended use), and Sublessor shall, at Sublessor(b) Tenant’s sole cost and expense and acceptance of the Expansion Premises with the Tenant Improvements Substantially Completed shall be deemed to mean that Tenant has made such investigation as Sublessee’s sole remedy therefor, either (i) it deems necessary prior to the extent Expansion Premises Commencement Date with reference to such systems are Sublessormatters and, subject to Landlord’s obligation to promptly repair any minor defects in the construction of the Tenant Improvements that do not materially affect Tenant’s ability to use or occupy the Expansion Premises for all of the Permitted Uses, Tenant assumes all responsibility therefor as the same relate to Tenant’s occupancy of the Expansion Premises and maintain pursuant the suitability of the Expansion Premises for Tenant’s intended use, (c) Landlord has not made any oral or written representations or warranties with respect to the Master said matters other than as set forth in this Lease and in Exhibit B, and (d) any statement of square footage set forth in this Lease, put such systems in good working order, or (ii) to the extent such systems are Lessor’s obligation to repair and maintain pursuant to the Master Lease, Sublessor shall notify Lessor of the need for any repairs or maintenance. Sublessee will have use of Sublessee’s Pro-Rata Share of all existing infrastructure, including HVAC, water, gas, power, emergency generators and other equipment unique to the Building which has been designed to support the Premises (“Building Systems”); provided that Sublessor’s share of the allocation of Building Systems will be adjusted as required to account for its vivarium. Sublessee, in addition to Operating Expenses and other Rent due hereunder, shall be responsible for Sublessee’s Pro Rata Share of the cost incurred by Sublessor for repair, maintenance and replacement of the Building Systems, including without limitation the deionized water system, but not including any costs related solely to Sublessor’s vivarium, which amounts will be billed to Sublessee by Sublessor directly to the extent Sublessor provides such repair, maintenance or replacement, in which case such amounts shall be payable by Sublessee as Additional Rent within thirty (30) days after its receipt of an invoice therefore. For any repair, maintenance or replacement of Building Systems performed by Lessor, Sublessee will pay Sublessee’s Pro Rata Share of such costs in the same manner as provided under the Master Lease. Sublessee agrees that Sublessor shall not be required to perform any of the covenants, agreements and/or obligations of Lessor under the Master Lease and, insofar as any of the covenants, agreements and obligations of Sublessor hereunder are required to be performed under the Master Lease by Lessor thereunder, Sublessee acknowledges and agrees that Sublessee will look solely to Lessor for such performance. Sublessor shall not be responsible for any failure or interruption, for any reason whatsoever, of the services, utilities or facilities that may be appurtenant or supplied to the Premises by Lessor or otherwise have been used in calculating rental, is an approximation which Landlord and no such failure will in any way excuse Sublessee’s performance under this Sublease or entitle Sublessee to any abatement of rent or other charge, except as may be expressly permitted by the terms of the Master Lease. Sublessee shall pay to Sublessor as Rent hereunder any and all sums which Sublessor may be required to pay Lessor arising out of a request by Sublessee for additional building services or any other services from LessorTenant agree is reasonable, and which Lessor bills the Monthly Basic Rent is not subject to Sublessorrevision whether or not the actual square footage is more or less.