Condition of Expansion Space. Tenant has inspected the Expansion Space and agrees to accept the same “as is” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements, except as may be expressly provided otherwise in this Amendment.
Condition of Expansion Space. Subject to Sections 3 and 5, Tenant shall accept the Expansion Space in its “AS IS” condition. Tenant agrees that, except as set forth in this Agreement and the Work Letter, Landlord has no obligation and has made no promise to alter, remodel, improve, or repair the Expansion Space, or any part thereof, or to repair, bring into compliance with applicable laws, or improve any condition existing in the Expansion Space as of the Expansion Space Commencement Date. Subject to Sections 3 and 5, the taking of possession of the Expansion Space by Tenant shall be conclusive evidence that the Expansion Space and the Building were in good and satisfactory condition at the time possession was taken by Tenant. Subject to Sections 3 and 5, neither Landlord nor Landlord’s agents have made any representations or promises with respect to the condition of the Building, the Expansion Space, the land upon which the Building is constructed, the present or future suitability or fitness of the Expansion Space or the Building for the conduct of Tenant’s particular business, or any other matter or thing affecting or related to the Building or the Expansion Space, and no rights, easements or licenses are acquired by Tenant by implication or otherwise except as expressly set forth in this Original Lease. Subject to Sections 3 and 5, any improvements or personal property located in the Expansion Space are delivered without any representation or warranty from Landlord, either express or implied, of any kind, including without limitation, title, merchantability, or suitability for a particular purpose. Tenant shall deliver to Landlord any modifications to Tenant’s insurance required under the Original Lease to reflect the addition of the Expansion Space and Tenant’s entry into the Expansion Space prior to the delivery of possession to Tenant.
Condition of Expansion Space. Landlord shall deliver the Expansion Space to the Tenant in its “as is, where is” condition.
Condition of Expansion Space. Tenant shall take the applicable Expansion Space “as-is” in its then (i.e., as of the date of delivery) state of construction, finish, and decoration, without any obligation on the part of Landlord to construct or prepare such Expansion Space for Tenant’s occupancy, except that Landlord shall deliver such Expansion Space to Tenant in broom-clean condition, free of tenants and occupants. Nothing in this clause (f) shall relieve Landlord of its maintenance and repair obligations under the Lease.
Condition of Expansion Space. Tenant shall notify Landlord in writing within thirty (30) days after the later of Substantial Completion of the Landlord Expansion Work or Landlord’s delivery of possession of the Expansion Space of any “punch list items” with respect to the Landlord Expansion Work or any patent defects claimed by Tenant in the materials or workmanship furnished by Landlord in completing the Landlord Expansion Work. Landlord shall proceed diligently to correct the items stated in such notice (and shall use commercially reasonable efforts to complete the correction of such items within thirty (30) days, to the extent such work can reasonably be accomplished within thirty (30) days). If Landlord disputes the existence of any such items, the decision of the Architect (as defined in the Expansion Workletter) shall be final and binding on the premises, and Landlord shall proceed promptly after the decision of the Architect to correct such items in accordance with the immediately preceding sentence. No agreement of Landlord to alter, remodel, decorate, clean or improve the Expansion Space or the Real Property and no representation regarding the condition of the Expansion Space or the Real Property in connection with Tenant’s occupancy of the Expansion Space has been made by or on behalf of Landlord to Tenant, except as may be specifically stated in this First Amendment or in the Expansion Workletter. Notwithstanding the foregoing, Landlord shall deliver the Expansion Space to Tenant in “broom clean” condition and with all Building systems in good working order.
Condition of Expansion Space. Tenant acknowledges that it is leasing the Expansion Space in its “as is” condition, and that no agreements to alter, remodel, decorate, clean or improve the Expansion Space or the Building have been made by Landlord or any party acting on Landlord’s behalf, except that Landlord represents and covenants that the Expansion Space shall be in compliance with all applicable laws and governmental regulations at the time possession thereof is delivered to Tenant. Notwithstanding the foregoing, Landlord acknowledges that Tenant intends to perform certain work in the Expansion Space to make the same ready for Tenant’s occupancy (the “Expansion Space Work”). Tenant shall be permitted to perform such work, subject to Tenant’s compliance with the provisions of Section 6.5 of the Original Lease, through a contractor approved by Landlord in advance and pursuant to plans and specifications approved by Landlord in advance. All costs of the Expansion Space Work shall be borne by Tenant; provided, however, after the Expansion Space Commencement Date, Landlord shall contribute up to One Hundred Seventy-Five Thousand Two Hundred and 00/100 Dollars ($175,200.00) (being $40.00 per square foot of rentable area of the Expansion Space) (the “Expansion Space Allowance”) to Tenant following the completion of the Expansion Space Work upon receipt by Landlord of Tenant’s written demand therefor accompanied by (i) a reasonably detailed description of the Expansion Space Work, including, without limitation, the identification of all contractors and material suppliers who have supplied labor or materials in connection with the Expansion Space Work, (ii) invoices marked “paid” from all contractors and material suppliers identified pursuant to clause (i), (iii) final lien waivers from all contractors and material suppliers identified pursuant to clause (i), and (iv) Tenant’s certification that the Expansion Space Work has been completed pursuant to the provisions of this Lease. The Expansion Space Allowance shall be available to reimburse Tenant for the costs of the Expansion Space Work; architectural and engineering costs and permit fees in connection with the Expansion Space; Landlord’s fees in connection with the tenant improvement work contemplated by this Section 3; telecommunications, cabling and signage in connection with the Expansion Space; and other similar items, but shall not be available to be used as a credit against rent due hereunder. Landlord shall have no obligation to p...
Condition of Expansion Space. Landlord shall be responsible for improving or altering the Expansion Space with tenant improvements similar in quantity and quality to the Initial Premises pursuant to plans approved by both Landlord and Tenant subject to the tenant improvement allowance set forth below. Landlord shall not be required to expend sums in improving the Expansion Space in excess of Ten and No/100 Dollars ($10.00) per rentable square foot area of any Expansion Space previously improved for occupancy, adjusted using January data for any increase or decrease in the U.S. Department of Labor Statistics Consumer Price Index, all items “All U.S. Urban Consumers”, U.S. City Average from January 1, 1991 to January 1, 1995.
Condition of Expansion Space. Tenant has been occupying the Expansion Space pursuant to the Sublease and, therefore, Tenant is familiar with the condition thereof. Tenant hereby accepts the Expansion Space in its “as-is” condition, and Landlord shall not be obligated to make any alterations, additions, repairs or improvements or to do any work whatsoever on, to or within the Expansion Space.
Condition of Expansion Space. Landlord will, at Landlord's sole cost and expense, construct all improvements to the Expansion Space necessary to characterize the Expansion Space as being in Shell Condition (hereinafter defined). As used herein the term "Shell Condition" means:
Condition of Expansion Space. In addition to the Landlord Work, as set forth in Exhibit B to the Second Amendment and as shown on Exhibit B-1 to the Second Amendment, Landlord shall perform additional improvements to the Expansion Space in accordance with the work letter attached hereto as Exhibit A, Third Amendment (“Additional Landlord Work”). Any reference in the Lease or hereafter in this Third Amendment to the Landlord Work shall also refer to the Additional Landlord Work.
