Common use of Condition of Expansion Premises Clause in Contracts

Condition of Expansion Premises. Tenant acknowledges that (a) it is fully familiar with the condition of the Expansion Premises and, notwithstanding anything contained in this Amendment to the contrary, agrees to accept the same in its condition “as is” as of the date hereof, except as may be expressly provided otherwise in this Amendment, and (b) Landlord shall have no obligation to alter, repair or otherwise prepare the Expansion Premises for Tenant’s occupancy or to pay for any improvements to the Expansion Premises, except with respect to the Tenant Improvements (as defined below). The Expansion Premises have not undergone inspection by a Certified Access Specialist. Tenant’s taking possession of the Expansion Premises on the Expansion Commencement Date shall, except as otherwise agreed to in writing by Landlord and Tenant, conclusively establish that the Expansion Premises and the 11055 Building were at such time in good, sanitary and satisfactory condition and repair. Notwithstanding anything to the contrary (but subject to the last grammatical sentence of this Section 2.2), Landlord hereby represents and warrants that, as of the Expansion Commencement Date, (x) the roof of the 11055 Building shall be in good condition and repair, (y) the plumbing (including flood avoidance equipment), lighting, electrical and heating, ventilating and air conditioning systems serving the Expansion Premises, shall be in good working order, condition and repair and (z) the Expansion Premises and parking areas serving the Expansion Premises will be in compliance with all applicable laws, codes and ordinances (including, without limitation, Title 24 and the Americans with Disabilities Act) as required for Tenant’s legal occupancy of the Expansion Space (provided that any legal requirements which are specific to Tenant’s use (i.e., for other than typical lab and office use) shall be Tenant’s responsibility and this warranty will not extend to such items. Tenant’s sole and exclusive remedy for a breach of the foregoing representation and warranty shall be to deliver notice to Landlord (“Repair Notice”) on or before the date that is twelve (12) months after the Expansion Commencement Date (such date, the “Warranty Date”) detailing the nature of such breach. In the event that Landlord receives a Repair Notice on or before the Warranty Date, Landlord shall, at Landlord’s expense, promptly make any repairs reasonably necessary to correct the breach described in the Repair Notice (but only to the extent that Landlord reasonably determines that the breach described in the Repair Notice constitutes an actual breach of the representation and warranty provided by Landlord in subsections (x), (y) and (z)). The representation and warranty provided by Landlord in subsections (x), (y) and (z) above shall expire, and be of no further force or effect, on the Warranty Date and Landlord shall not have any further obligations or liabilities in connection with such representation and warranty (except with respect to any actual breaches identified in a Repair Notice delivered by Tenant to Landlord on or before the Warranty Date).

Condition of Expansion Premises. Tenant acknowledges that Within thirty (a30) it is fully familiar with the condition of the Expansion Premises and, notwithstanding anything contained in this Amendment to the contrary, agrees to accept the same in its condition “as is” as of the date hereof, except as may be expressly provided otherwise in this Amendment, and (b) Landlord shall have no obligation to alter, repair or otherwise prepare the Expansion Premises for Tenant’s occupancy or to pay for any improvements to the Expansion Premises, except with respect to the Tenant Improvements (as defined below). The Expansion Premises have not undergone inspection by a Certified Access Specialist. Tenant’s taking possession of the Expansion Premises on the Expansion Commencement Date shall, except as otherwise agreed to in writing by Landlord and Tenant, conclusively establish that the Expansion Premises and the 11055 Building were at such time in good, sanitary and satisfactory condition and repair. Notwithstanding anything to the contrary (but subject to the last grammatical sentence of this Section 2.2), Landlord hereby represents and warrants that, as of days after the Expansion Commencement Date, Landlord, at no cost to Tenant, shall cause (xi) the roof, roof membrane, foundations, structural elements and windows of the 11055 Building shall be in good condition Expansion Premises, and repair, (yii) the plumbing (including flood avoidance equipment), lighting, electrical sprinkler and heating, ventilating and air conditioning fire/life safety systems serving the Expansion Premises, shall Premises to be in good working ordercondition. Thereafter, condition and the repair and (z) maintenance obligations of the respective parties with respect to the Expansion Premises and parking areas serving shall be governed by the Expansion Premises will be in compliance with all applicable laws, codes and ordinances (including, without limitation, Title 24 and the Americans with Disabilities Act) as required for Tenant’s legal occupancy provisions of the Expansion Space Lease, except that Tenant shall have until ninety (provided that any legal requirements which are specific to Tenant’s use (i.e., for other than typical lab and office use90) shall be Tenant’s responsibility and this warranty will not extend to such items. Tenant’s sole and exclusive remedy for a breach of the foregoing representation and warranty shall be to deliver notice to Landlord (“Repair Notice”) on or before the date that is twelve (12) months days after the Expansion Commencement Date to ascertain that all such elements and systems were in good working condition as of the date that was thirty (such date, 30) days after the “Warranty Date”) detailing the nature of such breach. In the event that Landlord receives a Repair Notice on or before the Warranty Expansion Commencement Date, and to notify Landlord shallin writing of any respects in which such elements and systems were not in the required condition, in which event Landlord, at no cost to Tenant, shall be responsible for any maintenance, repair or replacement (as reasonably and mutually determined by Landlord and Tenant) necessary to put the applicable systems in the required condition. Landlord shall provide Tenant with any physical inspection reports in Landlord’s possession covering the Expansion Premises, including any such reports pertaining to the roof and/or mechanical (HVAC) systems. Except as otherwise specifically provided in this Amendment, Tenant shall be solely responsible, at Tenant’s own expense, promptly make for any repairs reasonably necessary to correct the breach described in the Repair Notice (but only to the extent that Landlord reasonably determines that the breach described in the Repair Notice constitutes an actual breach and all tenant improvements and alterations required by Tenant for its occupancy and use of the representation and warranty provided by Landlord in subsections (x), (y) and (z)). The representation and warranty provided by Landlord in subsections (x), (y) and (z) above shall expire, and be of no further force or effect, on the Warranty Date and Landlord shall not have any further obligations or liabilities in connection with such representation and warranty (except with respect to any actual breaches identified in a Repair Notice delivered by Tenant to Landlord on or before the Warranty Date)Expansion Premises.

Condition of Expansion Premises. Tenant hereby acknowledges that (a) it is fully familiar with neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Expansion Premises andPremises, notwithstanding anything contained in this Amendment the Building or the Project, or with respect to the contrary, agrees to accept the same in its condition “as is” as suitability of any of the date hereofforegoing for the conduct of Tenant’s business, except as may be expressly provided otherwise specifically set forth in this Amendmentthe Lease or in the Tenant Work Letter attached hereto as Exhibit B (the “Expansion Work Letter”). The construction of the Tenant Improvements, and (b) Landlord shall have no obligation as that term is defined in Exhibit B, to alter, repair or otherwise prepare the Expansion Premises for Tenant’s occupancy or shall be governed by the terms of Exhibit B and the terms of Article 8 of the Lease; provided that in the event of a conflict between the provisions of Article 8 as to pay for any improvements the construction of the Tenant Improvements to the Expansion Premises, except the provisions of Exhibit B shall control. Except as specifically set forth in the Lease or the Tenant Work Letter, attached hereto as Exhibit B, Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Expansion Premises, and Tenant shall accept the Expansion Premises in its presently existing, “as-is” condition, subject to Landlord’s obligations under Article 7 of the Lease (including Landlord’s obligations with respect to the Tenant Improvements (as defined below). The Expansion Premises have not undergone inspection by a Certified Access Specialist. Tenant’s taking possession maintenance of the Expansion Premises on the Expansion Commencement Date shall, except as otherwise agreed to in writing by Landlord and Tenant, conclusively establish that Building Systems serving the Expansion Premises and the 11055 Building were at such time in goodStructure) of the Lease and the Expansion Work Letter. Tenant hereby acknowledges and agrees that any improvements, sanitary alterations, additions or changes to the Premises, other than the Tenant Improvements, shall be completed pursuant to the terms and satisfactory condition and repairconditions of Article 8 of the Lease. Notwithstanding anything to the contrary (but subject to the last grammatical sentence of this Section 2.2)foregoing, Landlord hereby represents and warrants that, as of on the Expansion Commencement Delivery Date, (xi) Landlord shall provide Tenant with a master key to the roof of the 11055 Building shall be in good condition and repair, (y) the plumbing (including flood avoidance equipment), lighting, electrical and heating, ventilating and air conditioning systems serving entrance into the Expansion Premises, ; and (ii) all window blinds and treatments in the Expansion Premises shall be in good working order, condition order and repair and (z) the Expansion Premises and parking areas serving the Expansion Premises will be in compliance with all applicable laws, codes and ordinances (including, without limitation, Title 24 and the Americans with Disabilities Act) as required for Tenant’s legal occupancy of the Expansion Space (provided that any legal requirements which are specific to Tenant’s use (i.e., for other than typical lab and office use) shall be Tenant’s responsibility and this warranty will not extend to such items. Tenant’s sole and exclusive remedy for a breach of the foregoing representation and warranty shall be to deliver notice to Landlord (“Repair Notice”) on or before the date that is twelve (12) months after the Expansion Commencement Date (such date, the “Warranty Date”) detailing the nature of such breach. In the event that Landlord receives a Repair Notice on or before the Warranty Date, Landlord shall, at Landlord’s expense, promptly make any repairs reasonably necessary to correct the breach described in the Repair Notice (but only to the extent that Landlord reasonably determines that the breach described in the Repair Notice constitutes an actual breach of the representation and warranty provided by Landlord in subsections (x), (y) and (z)). The representation and warranty provided by Landlord in subsections (x), (y) and (z) above shall expire, and be of no further force or effect, on the Warranty Date and Landlord shall not have any further obligations or liabilities in connection with such representation and warranty (except with respect to any actual breaches identified in a Repair Notice delivered by Tenant to Landlord on or before the Warranty Date)repair.

Condition of Expansion Premises. Tenant acknowledges that (a) except as provided in this Tenant Work Letter and the Second Amendment to which it is fully familiar with the condition of attached, Tenant shall accept the Expansion Premises andin their existing, notwithstanding anything contained in this Amendment "as-is" condition on the date of delivery thereof to Tenant. Except for the contrary, agrees to accept the same in its condition “as is” as payment of the date hereofTenant Improvement Allowance as provided in Section 2, except as may be expressly provided otherwise in this Amendmentbelow, and (b) Landlord shall have no obligation to alter, repair make or otherwise prepare the Expansion Premises for Tenant’s occupancy or to pay for any improvements to the Expansion Premises. Notwithstanding the foregoing, except with respect to upon the date Tenant Improvements (as defined below). The Expansion Premises have not undergone inspection by a Certified Access Specialist. Tenant’s taking accepts possession of the Expansion Premises on Premises, Landlord hereby covenants that the Expansion Commencement Date shall, except as otherwise agreed to in writing by Landlord and Tenant, conclusively establish that Building systems serving the Expansion Premises and the 11055 Building were at such time are in good, sanitary and satisfactory good working condition and repair. Notwithstanding anything in the Lease, as amended, to the contrary (but subject to the last grammatical sentence of this Section 2.2), Landlord hereby represents and warrants that, as of the Expansion Commencement Date, (x) the roof of the 11055 Building shall be in good condition and repair, (y) the plumbing (including flood avoidance equipment), lighting, electrical and heating, ventilating and air conditioning systems serving the Expansion Premises, shall be in good working order, condition and repair and (z) the Expansion Premises and parking areas serving the Expansion Premises will be in compliance with all applicable laws, codes and ordinances (including, without limitation, Title 24 and the Americans with Disabilities Act) as required for Tenant’s legal occupancy of the Expansion Space (provided that any legal requirements which are specific to Tenant’s use (i.e., for other than typical lab and office use) shall be Tenant’s responsibility and this warranty will not extend to such items. Tenant’s sole and exclusive remedy for a breach of the foregoing representation and warranty shall be to deliver notice to Landlord (“Repair Notice”) on or before the date that is twelve (12) months after the Expansion Commencement Date (such date, the “Warranty Date”) detailing the nature of such breach. In the event that Landlord receives a Repair Notice on or before the Warranty Datecontrary, Landlord shall, at Landlord’s expense's sole cost and expense (which shall not be deemed an "Operating Expense," as that term is defined in Section 7.2(a) of the Original Lease), promptly make repair or replace any repairs reasonably necessary failed or inoperable portion of the Building systems serving the Expansion Premises during the first twelve (12) months immediately following the date upon which Landlord delivers possession of the Expansion Premises to correct Tenant ("Warranty Period"), provided that the breach described in need to repair or replace was not caused by the Repair Notice misuse, misconduct, damage, destruction, omissions, and/or negligence of Tenant, its subtenants and/or assignees, if any, or any company which is acquired, sold or merged with Tenant (but only to collectively, "Tenant Damage"), or by any modifications, alterations or improvements constructed by or on behalf of Tenant. To the extent that repairs which Landlord reasonably determines that the breach described is required to make pursuant to this Section 1 are necessitated in the Repair Notice constitutes part by Tenant Damage, then Tenant shall reimburse Landlord for an actual breach equitable proportion of the representation and warranty provided by Landlord in subsections (x), (y) and (z)). The representation and warranty provided by Landlord in subsections (x), (y) and (z) above shall expire, and be cost of no further force or effect, on the Warranty Date and Landlord shall not have any further obligations or liabilities in connection with such representation and warranty (except with respect to any actual breaches identified in a Repair Notice delivered by Tenant to Landlord on or before the Warranty Date)repair.

Condition of Expansion Premises. Landlord shall not be responsible for the renovation, construction or installation of any leasehold improvements relating to the Expansion Premises, except as expressly hereinafter set forth. Tenant acknowledges that (a) it is fully familiar Landlord has not made any representations or warranties with respect to the condition of the Expansion Premises and, notwithstanding anything contained in this Amendment to the contrary, agrees to accept the same in its condition “as is” as and neither Landlord nor any assignee of the date hereof, except as may be expressly provided otherwise in this Amendment, and (b) Landlord shall have no obligation to alter, repair or otherwise prepare the Expansion Premises for Tenant’s occupancy or to pay be liable for any improvements to the Expansion Premises, except with respect to the Tenant Improvements (as defined below)latent defect therein. The Expansion Premises have not undergone inspection by a Certified Access Specialist. Tenant’s taking of possession of the Expansion Premises on the Expansion Commencement Date shall, except as otherwise agreed to in writing by Landlord and Tenant, conclusively establish Tenant shall be conclusive evidence that the Expansion Premises and the 11055 Building were at such time was in good, sanitary good and satisfactory condition and repairat the time such possession was taken. Notwithstanding anything Landlord shall perform the improvements to the contrary (but subject to the last grammatical sentence of this Section 2.2), Landlord hereby represents and warrants that, as of the Expansion Commencement Date, (x) the roof of the 11055 Building shall be in good condition and repair, (y) the plumbing (including flood avoidance equipment), lighting, electrical and heating, ventilating and air conditioning systems serving the Expansion Premises, shall be in good working order, condition and repair and (z) the Expansion Premises shown on Exhibit “B” attached hereto (the “Tenant Improvements”). All work will be scheduled by Landlord during normal business hours on normal business days in cooperation with Tenant in a manner as to not inconvenience other tenants of the Building. If applicable, Tenant shall be responsible for the movement of any of its equipment and parking areas serving furniture necessary to accommodate Landlord’s work schedule. Landlord and its contractor assume no liability for Tenant’s equipment, furniture or other personal property at the Expansion Premises will be in compliance with all applicable laws, codes and ordinances (including, without limitation, Title 24 and during the Americans with Disabilities Act) as required for Tenant’s legal occupancy construction of the Expansion Space Tenant Improvements and Tenant shall hold Landlord, its contractors and their respective agents and employees (provided that “Landlord’s Indemnified Parties”) harmless and indemnify same from and against any legal requirements which are specific damage or injury relating to Tenant’s use (i.e.equipment, for other than typical lab and office use) shall be Tenant’s responsibility and this warranty will not extend to such items. Tenant’s sole and exclusive remedy for a breach furniture or personal property left in the Expansion Premises during the construction of the foregoing representation and warranty shall be to deliver notice to Landlord (“Repair Notice”) on or before Tenant Improvements, unless caused by the date that is twelve (12) months after willful misconduct of the Expansion Commencement Date (such date, the “Warranty Date”) detailing the nature of such breach. In the event that Landlord receives a Repair Notice on or before the Warranty Date, Landlord shall, at Landlord’s expense, promptly make any repairs reasonably necessary to correct the breach described in the Repair Notice (but only to the extent that Landlord reasonably determines that the breach described in the Repair Notice constitutes an actual breach of the representation and warranty provided by Landlord in subsections (x), (y) and (z)). The representation and warranty provided by Landlord in subsections (x), (y) and (z) above shall expire, and be of no further force or effect, on the Warranty Date and Landlord shall not have any further obligations or liabilities in connection with such representation and warranty (except with respect to any actual breaches identified in a Repair Notice delivered by Tenant to Landlord on or before the Warranty Date)Indemnified Parties.

Condition of Expansion Premises. Tenant acknowledges and agrees: (i) that (a) it has been a tenant of the Project since 1991 and is fully generally familiar with, and has satisfied itself with respect to, the condition of the Expansion Premises and, notwithstanding anything contained in this Amendment to the contrary, agrees to accept the same in its condition “as is” as of the date hereof, except as may be expressly provided otherwise in this Amendment, and (b) Landlord shall have no obligation to alter, repair or otherwise prepare the Expansion Premises for Tenant’s occupancy or to pay for any improvements to the Expansion Premises, except with respect to the Tenant Improvements (as defined below). The Expansion Premises have not undergone inspection by a Certified Access Specialist. Tenant’s taking possession of the Expansion Premises on the Expansion Commencement Date shall, except as otherwise agreed to in writing by Landlord and Tenant, conclusively establish that the Expansion Premises and the 11055 Building were at such time in good, sanitary and satisfactory condition and repair. Notwithstanding anything to the contrary (but subject to the last grammatical sentence of this Section 2.2), Landlord hereby represents and warrants that, as of the Expansion Commencement Date, (x) the roof of the 11055 Building shall be in good condition and repair, (y) the plumbing (including flood avoidance equipment), lighting, electrical and heating, ventilating and air conditioning systems serving the Expansion Premises, shall be in good working order, condition and repair and (z) the Expansion Premises and parking areas serving the Expansion Premises will be in compliance with all applicable laws, codes and ordinances Project (including, without limitation, Title 24 the Project’s mechanical, plumbing, electrical and fire sprinkler systems and security); (ii) that Tenant has made such investigations as it deems necessary or appropriate regarding the Project (including, without limitation, the expansion premises) with regard to the matters specified in subpart (i) above and the Americans Project’s environmental condition and compliance with Disabilities Actapplicable laws, and to otherwise satisfy itself that the premises (including, without limitation, the expansion premises) as required are suitable for Tenant’s legal occupancy intended use; (iii) that neither Landlord, nor any of Landlord’s agents, has made any oral or written representations or warranties regarding the Expansion Space Project (provided that any legal requirements which are specific to Tenant’s use (i.e.including, for without limitation, the expansion premises) other than typical lab and office useas expressly set forth in this Amendment; (iv) shall be Tenantthat other than (I) Landlord’s responsibility and this warranty will not extend obligation to such items. Tenant’s sole and exclusive remedy for a breach of the foregoing representation and warranty shall be to deliver notice to Landlord upgrade one (“Repair Notice”1) on or before the date that is twelve (12) months after the Expansion Commencement Date (such date, the “Warranty Date”) detailing the nature of such breach. In the event that Landlord receives a Repair Notice on or before the Warranty Date, Landlord shalltime, at Landlord’s expense, promptly make any repairs reasonably necessary currently existing restrooms located within the existing premises and the expansion premises to correct comply with the breach described then applicable requirements of the Americans with Disabilities Act as required by the government agency having jurisdiction (any such upgrade, if required, to be performed by Landlord at the time Tenant is constructing its initial (but not any subsequent) Alterations (as hereinafter defined) in the Repair Notice (but only to the extent that Landlord reasonably determines that the breach described in the Repair Notice constitutes an actual breach portion of the representation and warranty provided by Landlord in subsections (xexisting premises or expansion premises, as the case may be, containing any such restrooms(s)), (yII) Landlord’s obligation to perform, at Landlord’s expense, at the time Tenant is constructing its initial (but not any subsequent) Alterations in the existing premises and in any portion or portions of the expansion premises delivered to Tenant, such work, if any, as may be required by the government agency having jurisdiction to keep the common areas of the Project (meaning the building entrances, lobbies, elevators, parking garage and other public areas of the Project) in compliance with then applicable building code requirements (provided, however, that Landlord’s obligation pursuant to this subpart (II) shall exist only with respect to such compliance work, if any, as is required by reason of the approval of plans for Tenant’s Alterations that are approved by the City of San Francisco Building Department prior to June 30, 2002 (the “Approval Deadline”), provided further that the Approval Deadline for any portion of the expansion premises delivered to tenant more than sixty (60) days after the lease expiration date specified in Exhibit C for such portion of the expansion premises shall be the later of June 30, 2002 or the date that is one (1) year after the delivery to Tenant of such portion of the expansion premises), and (z)). The representation and warranty provided by Landlord III) Landlord’s obligation to provide Landlord’s Tenant Improvement Funds (as defined in subsections (xParagraph 6(e) below), neither Landlord, nor any of Landlord’s agents, has agreed to undertake (y) and (z) above shall expire, and be of no further force or effect, on the Warranty Date and Landlord shall not have be obligated to provide) any further obligations improvements or liabilities other alterations (including, without limitation, any tenant improvements) or provide any funds in connection with such representation the delivery and/or Tenant’s use and warranty occupancy of the expansion premises; and (except v) that anything in the Lease to the contrary notwithstanding, including without limitation Paragraph 6 thereof (but subject to Landlord’s obligations under clauses (I), (II) and (III) of subpart (iv) of this provision), Landlord shall deliver the expansion premises, and each portion thereof, and Tenant shall accept same, in AS IS condition and repair as of the date of delivery thereof to Tenant. The foregoing notwithstanding, Landlord shall continue to be obligated to comply with respect to any actual breaches identified in a Repair Notice delivered by Tenant to Landlord on or before Landlord’s obligations under the Warranty Date)second paragraph of Paragraph 6 of the Lease.

Condition of Expansion Premises. Tenant acknowledges that (a) it is fully familiar with the condition of except as provided below, Tenant shall accept the Expansion Premises andin their existing, notwithstanding anything contained in this Amendment "as-is" condition on the date of delivery thereof to Tenant. Except for the contrary, agrees to accept the same in its condition “as is” as payment of the date hereofTenant Improvement Allowance as provided in Section 2, except as may be expressly provided otherwise in this Amendmentbelow, and (b) Landlord shall have no obligation to alter, repair make or otherwise prepare the Expansion Premises for Tenant’s occupancy or to pay for any improvements to the Expansion Premises, except with respect to the Tenant Improvements (as defined below). The Expansion Premises have not undergone inspection by a Certified Access Specialist. Tenant’s taking possession of the Expansion Premises on the Expansion Commencement Date shall, except as otherwise agreed to in writing by Landlord and Tenant, conclusively establish that the Expansion Premises and the 11055 Building were at such time in good, sanitary and satisfactory condition and repair. Notwithstanding anything set forth in this First Amendment to the contrary (but subject to without limiting any other repair and maintenance obligations of Landlord that are expressly set forth in the last grammatical sentence of this Section 2.2Lease, as amended), Landlord hereby represents and warrants that, as of upon the Expansion Commencement Date, Landlord shall cause (xi) the roof of the 11055 Base Building shall to be in good working condition and repair, (yii) the plumbing Base Building and the Common Area to be compliant with Applicable Laws which were enacted and enforced as of the Lease Commencement Date to the extent necessary to obtain or maintain a certificate of occupancy (including flood avoidance equipment), lighting, electrical and heating, ventilating and air conditioning systems serving the Expansion Premises, shall be in good working order, condition and repair and (zor its legal equivalent) for the Expansion Premises and parking areas serving the Expansion Premises will be in compliance with all applicable laws, codes and ordinances (including, without limitation, Title 24 and the Americans with Disabilities Act) as required for Tenant’s legal occupancy of the Expansion Space (provided that any legal requirements which are specific to Tenant’s general office use (i.e., for other than typical lab and office use) shall be Tenant’s responsibility and this warranty will not extend to such items. Tenant’s sole and exclusive remedy for a breach of the foregoing representation and warranty shall be to deliver notice to Landlord (“Repair Notice”) on or before the date that is twelve (12) months after the Expansion Commencement Date (such datecollectively, the “Warranty Date”) detailing the nature of such breach"Delivery Conditions"). In the event that Landlord receives a Repair Notice on or before the Warranty DateFurther, Landlord shall, at Landlord’s expenseXxxxxxxx's sole cost and expense (which shall not be deemed an Operating Expense), make such repairs or replacements as necessary to satisfy the Delivery Conditions; provided that Tenant delivers written notice thereof to Landlord prior to the date that occurs thirty (30) days following Tenant's occupancy of the Expansion Premises for the Permitted Use; and provided further that any such repair, replacement or work was not caused by the misuse, misconduct, damage, destruction, omissions, and/or negligence (collectively, "Tenant Damage") of Tenant, its subtenants and/or assignees, if any, or any company which is acquired, sold or merged with Tenant, or by any modifications to the Tenant Improvements, Alterations, or other improvements constructed by or on behalf of Tenant. To the extent the Base Building is not in the Delivery Condition upon the Expansion Commencement Date as a result of Tenant Damage, then Tenant shall reimburse Landlord for an equitable proportion of the reasonable cost of such repair. If (1) it is determined that the Base Building was not in the Delivery Condition upon the Expansion Commencement Date, and (2) Tenant delivers written notice thereof to Landlord prior to the date that occurs thirty (30) days following Tenant's occupancy of the Expansion Premises for the Permitted Use, then Landlord shall not be liable to Tenant for any damages, but as Tenant's sole remedy (but without limiting Tenant's right to xxxxx Base Rent, Xxxxxx's Share of Direct Expenses and any parking charges in accordance with the terms and conditions of Section 19.5.2 of the Lease), Landlord shall, at no cost to Tenant (and which shall not be included in Operating Expenses), subject to the terms and conditions of this Section 1 above, promptly make any repairs reasonably commence such work or take such other action as may be necessary to correct cause the breach described in the Repair Notice (but only Delivery Conditions to be satisfied, all to the extent that Landlord reasonably determines that the breach described in the Repair Notice constitutes an actual breach of the representation and warranty provided not caused by Landlord in subsections (x)Tenant Damage, (y) and (z)). The representation and warranty provided by Landlord in subsections (x), (y) and (z) above shall expire, and be of no further force or effect, on the Warranty Date and Landlord shall not have any further obligations or liabilities in connection with such representation and warranty (except with respect thereafter diligently pursue the same to any actual breaches identified in a Repair Notice delivered by Tenant to Landlord on or before the Warranty Date)completion.

Condition of Expansion Premises. Tenant Subtenant has inspected the Expansion Premises and shall accept delivery of same on the Expansion Effective Date in their “as is” and “with all faults” condition existing on the date Subtenant executes this Amendment. Notwithstanding the foregoing, Sublandlord shall (1) patch and repair walls of the Expansion Premises; (2) repair sprinkler and electrical systems in the Expansion Premises; and (2) deliver the Expansion Premises with the base building systems (including HVAC, electrical, plumbing and lighting) in good working condition. If the base building systems are not so delivered, Sublandlord shall cause such building systems to be repaired at no expense to Subtenant within a reasonable period of time after Sublandlord’s receipt of a written request from Subtenant. Subtenant acknowledges that any supplemental systems, including but not limited to supplemental cooling and wiring for voice and data, on the Expansion Premises are provided t o Subtenant in “as-is” condition and that Sublandlord is not making any representation or warranty concerning the condition of these supplemental systems. The responsibility for the maintenance of these supplemental systems shall be the sole responsibility of Subtenant throughout the Term of the Sublease. Unless Subtenant provides written notice to Sublandlord of any unsatisfactory conditions of the Expansion Premises within forty-five (a45) it is fully familiar with days of the Expansion Effective Date, Subtenant shall be conclusively deemed to have accepted the Expansion Premises and to have waived all claims relating to the condition of the Expansion Premises and, notwithstanding anything contained in this Amendment to the contrary, Premises. Subtenant acknowledges and agrees to accept the same in its condition “as is” as of the date hereof, except as may that Sublandlord shall not be expressly provided otherwise in this Amendment, and (b) Landlord shall have no obligation to alter, repair or otherwise prepare the Expansion Premises responsible for Tenant’s occupancy or to pay for making any improvements or alterations to the Expansion Premises, except nor shall Sublandlord provide Subtenant with respect to the Tenant Improvements (as defined below). The Expansion Premises have not undergone inspection by a Certified Access Specialist. Tenant’s taking possession of the Expansion Premises on the Expansion Commencement Date shall, except as otherwise agreed to in writing by Landlord and Tenant, conclusively establish that the Expansion Premises and the 11055 Building were at such time in good, sanitary and satisfactory condition and repair. Notwithstanding anything to the contrary (but subject to the last grammatical sentence of this Section 2.2), Landlord hereby represents and warrants that, as of the Expansion Commencement Date, (x) the roof of the 11055 Building shall be in good condition and repair, (y) the plumbing (including flood avoidance equipment), lighting, electrical and heating, ventilating and air conditioning systems serving the Expansion Premises, shall be in good working order, condition and repair and (z) the Expansion Premises and parking areas serving the Expansion Premises will be in compliance with all applicable laws, codes and ordinances (including, without limitation, Title 24 and the Americans with Disabilities Act) as required for Tenant’s legal occupancy of the Expansion Space (provided that any legal requirements which are specific to Tenant’s use (i.e., for other than typical lab and office use) shall be Tenant’s responsibility and this warranty will not extend to such items. Tenant’s sole and exclusive remedy for a breach of the foregoing representation and warranty shall be to deliver notice to Landlord (“Repair Notice”) on or before the date that is twelve (12) months after the Expansion Commencement Date (such date, the “Warranty Date”) detailing the nature of such breach. In the event that Landlord receives a Repair Notice on or before the Warranty Date, Landlord shall, at Landlord’s expense, promptly make any repairs reasonably necessary to correct the breach described in the Repair Notice (but only to the extent that Landlord reasonably determines that the breach described in the Repair Notice constitutes an actual breach of the representation and warranty provided by Landlord in subsections (x), (y) and (z)). The representation and warranty provided by Landlord in subsections (x), (y) and (z) above shall expire, and be of no further force or effect, on the Warranty Date and Landlord shall not have any further obligations or liabilities in connection with such representation and warranty (except with respect to any actual breaches identified in a Repair Notice delivered by Tenant to Landlord on or before the Warranty Date)tenant improvement allowance therefor.

Condition of Expansion Premises. Tenant acknowledges that (a) it is fully familiar with the condition of Landlord shall not be responsible for making any improvements to the Expansion Premises and, notwithstanding anything contained in this Amendment to the contrary, and Tenant agrees to accept the same Expansion Premises in its condition their “as as-is” condition as of the date hereof, except as may be expressly provided otherwise including without limitation, leaving all currently existing racking in this Amendment, and (b) Landlord shall have no obligation to alter, repair or otherwise prepare the Expansion Premises for Tenant’s occupancy or to pay use thereof during the Expansion Period. Landlord shall, at its sole cost and expense, provide Tenant with an allowance of Fifty Six Thousand Two Hundred Twenty Six and No/100 Dollars ($56,226.00) (the “Allowance”) for any the purpose of Tenant’s installation of general improvements to the Expansion Premises, except Premises subject to compliance with respect the provisions of Section 10.1 of the Lease. The Allowance shall be available for application to the cost of such improvements only to the extent such improvements have been completed on or before December 31, 2002, absent any Landlord-caused delays related thereto. The Allowance shall be paid to Tenant Improvements or to Tenant’s Contractor(s) (as defined below). The Expansion Premises have not undergone inspection by a Certified Access Specialist. hereinafter defined) or Tenant’s taking possession agents at Tenant’s direction, within fifteen (15) business days after the receipt of written notice, accompanied by the following (an “Application for Payment”): (i) invoices covering the subject work, (ii) a written certification from Tenant’s architect that the work described on all such invoices has been substantially completed in accordance with the plans and specifications approved by Landlord, and (iii) copies of conditional or unconditional, partial or complete waivers of lien, as appropriate, from all contractors subcontractors and materialmen (“Tenant’s Contractor(s)”) covering all work which is the subject of the invoices so submitted, and (iv) in the event payment is to be made to Tenant, copies of any applicable documentation that indicates that Tenant has made payment to Tenant’s Contractor(s) or agents related to the invoices for which payment is requested. Tenant and Landlord agree that all costs of the work in excess of the Allowance shall be paid by Tenant prior to any disbursement by Landlord of the Allowance. If any portion of the Allowance exceeds the costs of the work for which it is applicable, Tenant shall not be entitled to any payment, rent reduction, or credit therefor. Tenant may enter the Expansion Premises on prior to the Expansion Commencement Effective Date shall, except as otherwise agreed to in writing by Landlord and Tenant, conclusively establish that ready the Expansion Premises and the 11055 Building were at such time in good, sanitary and satisfactory condition and repair. Notwithstanding anything to the contrary (but subject to the last grammatical sentence of this Section 2.2), Landlord hereby represents and warrants that, as for its occupancy upon all of the Expansion Commencement Date, (x) the roof terms of the 11055 Building shall be in good condition and repair, (y) Lease other than the plumbing (including flood avoidance equipment), lighting, electrical and heating, ventilating and air conditioning systems serving obligation to pay rent for the Expansion Premises, shall be in good working order, condition and repair and (z) the Expansion Premises and parking areas serving the Expansion Premises will be in compliance with all applicable laws, codes and ordinances (including, without limitation, Title 24 and the Americans with Disabilities Act) as required for Tenant’s legal occupancy of the Expansion Space (provided that any legal requirements which are specific to Tenant’s use (i.e., for other than typical lab and office use) shall be Tenant’s responsibility and this warranty will not extend to such items. Tenant’s sole and exclusive remedy for a breach of the foregoing representation and warranty shall be to deliver notice to Landlord (“Repair Notice”) on or before the date that is twelve (12) months after the Expansion Commencement Date (such date, the “Warranty Date”) detailing the nature of such breach. In the event that Landlord receives a Repair Notice on or before the Warranty Date, Landlord shall, at Landlord’s expense, promptly make any repairs reasonably necessary to correct the breach described in the Repair Notice (but only to the extent that Landlord reasonably determines that the breach described in the Repair Notice constitutes an actual breach of the representation and warranty provided by Landlord in subsections (x), (y) and (z)). The representation and warranty provided by Landlord in subsections (x), (y) and (z) above shall expire, and be of no further force or effect, on the Warranty Date and Landlord shall not have any further obligations or liabilities in connection with such representation and warranty (except with respect to any actual breaches identified in a Repair Notice delivered by Tenant to Landlord on or before the Warranty Date)whatever form.

Condition of Expansion Premises. Tenant acknowledges that (a) it is fully familiar with the condition of the Expansion Premises and, notwithstanding anything contained in this Amendment to the contrary, hereby agrees to accept the same in its condition “as is” as of the date hereof, except as may be expressly provided otherwise in this Amendment, Existing Premises and (b) Landlord shall have no obligation to alter, repair or otherwise prepare the Expansion Premises for Tenant’s occupancy in their “as-is” condition, and Tenant hereby acknowledges that Landlord shall not be obligated to provide or to pay for any improvement work or services related to the improvement of the Existing Premises or the Expansion Premises and that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of all or any portion of the Existing Premises or the Expansion Premises. Notwithstanding the foregoing, Tenant may undertake improvements to the Expansion Premises, except with respect to the Tenant Improvements (as defined below). The Expansion Premises have not undergone inspection by a Certified Access Specialist. Tenant’s taking possession of the Expansion Premises on the Expansion Commencement Date shall, except as otherwise agreed to in writing by Landlord and Tenant, conclusively establish that the Expansion Premises and the 11055 Building were at such time in good, sanitary and satisfactory condition and repair. Notwithstanding anything to the contrary (but subject to the last grammatical sentence of this Section 2.2), Landlord hereby represents and warrants that, as of the Expansion Commencement Date, (x) the roof of the 11055 Building shall be in good condition and repair, (y) the plumbing (including flood avoidance equipment), lighting, electrical and heating, ventilating and air conditioning systems serving the Expansion Premises, shall be in good working order, condition and repair and (z) the Expansion Premises and parking areas serving the Expansion Premises will be in compliance with all applicable laws, codes and ordinances (including, without limitation, Title 24 connecting the Expansion Premises to the Existing Premises, subject to and in accordance with Article 15 of the Americans Lease (the “Expansion Premises Tenant Improvements”). In connection with Disabilities Act) as required for Tenant’s legal occupancy the prosecution of the Expansion Space Premises Tenant Improvements, the following professionals are acceptable to Landlord: (i) General Contractors: Xxxxxxx Construction, Xxxxxxx Construction, Burger Construction and Lockrul Construction; and (ii) Architects: Xxxxxx Xxxxxx Design Associates and Xxxxx Consulting Architects. Landlord agrees to reimburse Tenant the reasonable, out-of-pocket costs paid by Tenant for the Expansion Tenant Improvements up to, but not exceeding, the sum of $65,420 in the aggregate (the “Expansion Premises TI Allowance”) provided that any legal requirements which are specific to Tenant’s use (i.e.a) Tenant complies with the terms and conditions of said Article 15, for other than typical lab and office use(b) shall be Tenant’s responsibility and this warranty will not extend to such items. Tenant’s sole and exclusive remedy for Tenant makes a breach request of the foregoing representation and warranty shall be to deliver notice to Landlord (“Repair Notice”) Tenant Improvements Allowance, which request complies with this Section 6, on or before December 31, 2015, time being of the date that essence, (c) Landlord shall make only one (1) disbursement of the Expansion Premises TI Allowance, (d) such disbursement request is twelve (12) months made after the completion of and payment in full for the Expansion Commencement Date (such datePremises Tenant Improvements and is accompanied by any governmental approvals required or customarily issued for the Tenant Improvements, the “Warranty Date”) detailing the nature of such breach. In the event that Landlord receives a Repair Notice on or before the Warranty Date, Landlord shall, at Landlord’s expense, promptly make any repairs reasonably necessary to correct the breach described in the Repair Notice (but only to the extent that Landlord reasonably determines that the breach described in the Repair Notice constitutes an actual breach of the representation paid invoices and warranty provided by Landlord in subsections (x), (y) unconditional lien releases from all contractors and (z)). The representation and warranty provided by Landlord in subsections (x), (y) and (z) above shall expire, and be of no further force or effect, on the Warranty Date and Landlord shall not have any further obligations or liabilities materials suppliers in connection with the Tenant Improvements, which lien releases are in the form prescribed by California Civil Code Section 8138, and such representation other information as Landlord shall reasonably request, and warranty (except e) any portion of the Expansion Premises TI Allowance not disbursed to Tenant pursuant to this Section 6 shall be the sole property of Landlord and shall not be credited against Tenant’s obligations under the Lease. There is no Moving Allowance with respect to any actual breaches identified in a Repair Notice delivered by Tenant to Landlord on or before the Warranty Date)Expansion Premises.

Condition of Expansion Premises. (i) Tenant acknowledges that (a) it is fully familiar with the condition shall accept each Premises Component of the Expansion Premises and, notwithstanding anything contained in this Amendment to the contrary, agrees to accept the same in its as-is condition “as is” as of without any obligation on the date hereofLandlord’s part to perform any additions, alterations, improvements, demolition or other work therein or pertaining thereto and, except as may be expressly provided otherwise set forth in this Fourth Amendment with respect to the Tenant Improvement Allowance, without any obligation on the part of Landlord to pay any improvement allowance to prepare or improve the same for Tenant’s occupancy during the Lease Term. Tenant, at its sole cost and expense (subject to Tenant’s right to apply the Tenant Improvement Allowance, as hereinafter defined, towards such costs and Landlord’s obligations under Section 4(d) below of this Fourth Amendment, and (b) Landlord shall have no obligation perform all work necessary to alter, repair or otherwise prepare the Expansion Premises for Tenant’s occupancy or in accordance with plans and specifications prepared by an architect, licensed by the Commonwealth of Massachusetts, such architect and such plans and specifications to pay be subject to the reasonable approval of Landlord (provided that Landlord herby approves Xxxxxxx & Xxxxxxxx as Architect). Tenant shall submit to Landlord a full set of construction plans and specifications (the “Tenant’s Submission”) for any improvements work to be performed by Tenant to prepare each Premises Component of the Expansion Premises for Tenant’s occupancy (all such work to the Expansion PremisesPremises collectively referred to as the “Tenant’s Expansion Premises Work”). In connection with the foregoing, except it is understood and agreed that the Tenant’s Expansion Premises Work for each Premises Component of the Expansion Premises shall be treated as separate projects and that the obligations of both Landlord and Tenant under this Section 4 shall apply separately to each such portion of the Tenant’s Expansion Premises Work. Such construction plans and specifications (the “Tenant’s Plans”) shall contain at least the information required by, and shall conform to the requirements of, Exhibit C-1 to the Lease and be in suitable form for filing with an application for a building permit with the City of Waltham. Provided that the Tenant’s Plans contain at least the information required by, and conform to the requirements of, said Exhibit C-1, Landlord’s approval of the Tenant’s Plans shall not be unreasonably withheld, conditioned or delayed; however, Landlord’s determination of matters relating to aesthetic issues relating to alterations or changes which are visible outside the Premises shall be in Landlord’s sole discretion. Landlord agrees to respond to Tenant’s Submission of the Tenant’s Plans and all earlier iterations thereof submitted under this Section 4(a)(i) within ten (10) business days after receipt thereof. If Landlord disapproves of any submission of the Tenant’s Plans, it shall do so in writing and with reasonable detail, and then Tenant shall promptly have the Tenant’s Plans revised by its architect to incorporate all objections and conditions presented by Landlord and shall resubmit such plans to Landlord. Landlord shall respond to the resubmission of any plans by Tenant within five (5) business days of Landlord’s receipt thereof (or such longer time as may be reasonably necessary in the case of a major redesign). Such process shall be followed until the Tenant’s Plans shall have been approved by the Landlord without objection or condition. Landlord’s review and approval of any such Tenant’s Plans and consent to perform work described therein shall not be deemed an agreement by Landlord that such plans, specifications and work conform with applicable Legal Requirements and Insurance Requirements nor be deemed a waiver of Tenant’s obligations under this Lease with respect to applicable Legal Requirements and Insurance Requirements nor impose any liability or obligation upon Landlord with respect to the Tenant Improvements (as defined below)completeness, design sufficiency or compliance of such plans, specifications and work with applicable Legal Requirements and Insurance Requirements. The Expansion Premises have not undergone inspection by a Certified Access Specialist. If Landlord fails to respond to any Tenant’s taking possession Submission of the Expansion Premises on the Expansion Commencement Date shallTenant’s Plans within ten (10) business days following receipt of Tenant’s Submission, except as otherwise agreed or to in writing by Landlord and Tenant, conclusively establish that the Expansion Premises and the 11055 Building were at such time in good, sanitary and satisfactory condition and repair. Notwithstanding anything to the contrary (but subject to the last grammatical sentence of this Section 2.2), Landlord hereby represents and warrants that, as any resubmission of the Expansion Commencement Date, (x) the roof of the 11055 Building shall be in good condition and repair, (y) the plumbing (including flood avoidance equipment), lighting, electrical and heating, ventilating and air conditioning systems serving the Expansion Premises, shall be in good working order, condition and repair and (z) the Expansion Premises and parking areas serving the Expansion Premises will be in compliance with all applicable laws, codes and ordinances (including, without limitation, Title 24 and the Americans with Disabilities Act) as required for Tenant’s legal occupancy of the Expansion Space Plans within five (provided that any legal requirements which are specific to Tenant5) business days after Landlord’s use (i.e.receipt thereof, for other than typical lab and office use) shall be Tenant’s responsibility and this warranty will not extend to such items. Tenant’s sole and exclusive remedy for Tenant may deliver a breach of the foregoing representation and warranty shall be to deliver second notice to Landlord (“Repair Notice”) on or before the date that is twelve (12) months after the Expansion Commencement Date (such date, the “Warranty Date”) detailing the nature of such breach. In the event that Landlord receives a Repair Notice on or before the Warranty Date, Landlord shall, at Landlord’s expense, promptly make any repairs reasonably necessary to correct the breach described addresses set forth in the Repair Notice Lease and with a duplicate copy sent to Landlord’s address to the attention of Mr. Xxx Xxxxxxx (but only or to such other notice address as Landlord may specify in a written notice to Tenant), which notice shall state conspicuously at the top of the first page of such notice in bold type and in all capital letters “IF LANDLORD SHALL FAIL TO RESPOND TO THIS SECOND REQUEST FOR APPROVAL WITHIN THREE (3) BUSINESS DAYS AFTER RECEIPT, LANDLORD SHALL BE DEEMED TO HAVE APPROVED THE ALTERATIONS SHOWN ON THE ATTACHED PLANS AND WHICH ARE THE SUBJECT OF THIS REQUEST” and if Tenant shall deliver such second notice to Landlord as aforesaid and Landlord fails to respond within such three (3) Business Day period, then Landlord’s failure to respond to the Tenant’s Submission or resubmission, as applicable, of the Tenant’s Plans shall be deemed to be an approval by Landlord of the applicable Tenant’s Submission or resubmission. To the extent that Landlord reasonably determines that the breach described has previously approved a particular element shown in the Repair Notice constitutes an actual breach earlier iteration of the representation and warranty provided Tenant’s Plans (or such element has been deemed approved by Landlord in subsections (xvirtue of Landlord’s failure to respond to such Tenant’s Plans within the applicable time period), (y) and (z)). The representation and warranty provided by Landlord in subsections (x), (y) and (z) above shall expire, and be of no further force or effect, on the Warranty Date and Landlord shall not have the right to disapprove such element in any further obligations subsequent plans, provided that (i) such element has not been modified, (ii) such element was approved without objection or liabilities condition by Landlord in connection with such representation the earlier iteration of the plans, and warranty (except with respect iii) in the case of plans that had been deemed approved, the element was shown in sufficient detail in the earlier iteration of the plans that Landlord could reasonably have responded to any actual breaches identified in a Repair Notice delivered by Tenant to Landlord on or before the Warranty Date)same at the time.

Condition of Expansion Premises. Landlord represents and warrants to Tenant acknowledges that (a) it is fully familiar with on the condition Expansion Premises Commencement Date the roof of the Expansion Premises and, notwithstanding anything contained in this Amendment to the contrary, agrees to accept the same in its condition “as is” as of the date hereof, except as may be expressly provided otherwise in this Amendment, and (b) Landlord shall have no obligation to alter, repair or otherwise prepare the Expansion Premises for Tenant’s occupancy or to pay for any improvements to the Expansion Premises, except with respect to the Tenant Improvements (as defined below). The Expansion Premises have not undergone inspection by a Certified Access Specialist. Tenant’s taking possession of the Expansion Premises on the Expansion Commencement Date shall, except as otherwise agreed to in writing by Landlord and Tenant, conclusively establish that the Expansion Premises and the 11055 Building were at such time in good, sanitary and satisfactory condition and repair. Notwithstanding anything to the contrary (but subject to the last grammatical sentence of this Section 2.2), Landlord hereby represents and warrants that, as of the Expansion Commencement Date, (x) the roof of the 11055 Building shall will be in good condition and repair, (y) repair and the plumbing (including flood avoidance equipment), lighting, electrical and heating, ventilating and air conditioning systems serving following parts of the Expansion Premises, Premises shall be in good working order: (a) plumbing systems, condition and repair (b) electrical systems and (zc) all HVAC units (collectively, the Expansion Premises and parking areas serving "Building Systems"). In the Expansion Premises will event that it is determined that this warranty is untrue, Landlord shall not be in compliance with all applicable laws, codes and ordinances (including, without limitation, Title 24 and default under the Americans with Disabilities Act) as required for Tenant’s legal occupancy Lease if after Landlord receives written notice of the Expansion Space (provided representation or warranty that any legal requirements which are specific is untrue, Landlord promptly takes the actions, at Landlord's sole expense, necessary to Tenant’s use (i.e., for other than typical lab and office use) shall be Tenant’s responsibility and this warranty will not extend to such itemsput the applicable Building System in working order. Tenant’s sole and exclusive remedy for a breach of the The foregoing representation and warranty shall be apply only to deliver notice the condition of the Building Systems as of the Expansion Premises Commencement Date and shall not apply to any point in time thereafter. Tenant shall notify Landlord in writing (“Repair the "Warranty Notice”") on or before the date that is twelve within thirty (1230) months days after the Expansion Premises Commencement Date, time being of the essence, (the "Notice Date") of each way, if any, that the forgoing representation and warranty was untrue on the Expansion Premises Commencement Date (such date, the “Warranty Date”) detailing the nature of such breach. In the event that Landlord receives a Repair Notice on or before the Warranty Date, Landlord shall, at Landlord’s expense, promptly make any repairs reasonably necessary to correct the breach described in the Repair Notice (but only to the extent that Landlord reasonably determines that the breach described in the Repair Notice constitutes an actual breach of the representation and warranty provided by Landlord in subsections (x), (y) and (z)"Untrue Warranty"). The representation and warranty provided by Landlord Warranty Notice shall state the specific way in subsections (x), (y) and (z) above shall expire, and be of no further force which one or effect, more Building System was not in good working order on the Warranty Date and Expansion Premises Commencement Date. Landlord shall not have no responsibility to repair any further obligations or liabilities in connection with such representation and warranty (except with respect to any actual breaches identified in a Repair Notice delivered by Building System unless Tenant to notifies Landlord on or before the Notice Date in a Warranty Notice of the Untrue Warranty, and if Tenant notifies Landlord that a Building System was not in good working order on the Expansion Premises Commencement Date after the Notice Date), Landlord shall have no obligation pursuant to this section to repair the Building System that is not in good working order. Notwithstanding the forgoing, Landlord shall have no obligation pursuant to this section to repair a Building System if the repair is necessitated by the negligence or misuse of Tenant or by Alterations or other modifications made to the Expansion Premises by Tenant.