Common use of Condition of Expansion Space Clause in Contracts

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. Subject to Sections 3 and 5, Tenant shall accept the Second Expansion Space in its “AS IS” condition. Tenant agrees that, except as set forth in this Agreement and the Work Letter, that Landlord has no obligation and has made no promise to alter, remodel, improve, or repair the Second Expansion Space, or any part thereof, or to repair, bring into compliance with applicable laws, or improve any condition existing in the Second Expansion Space as of the Second Expansion Space Commencement Date. Subject to Sections 3 and 5, the taking of Tenant’s possession of the Second Expansion Space by Tenant shall be conclusive evidence that the Second Expansion Space and the Building were are in good and satisfactory condition at the time possession was taken by Tenantcondition. Subject to Sections 3 and 5, neither Neither Landlord nor Landlord’s agents have made any representations or promises with respect to the condition of the Building, the Second Expansion Space, the land upon which the Building is constructed, the present or future suitability or fitness of the Second 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 Second 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 Any improvements or personal property located in the Second 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 reasonable modifications to Tenant’s insurance required under the Original Lease to reflect the addition of the Second Expansion Space and Tenant’s entry into the Second Expansion Space prior to the delivery of possession to Tenant.

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 inspected the Expansion Space and agrees to accept the Building were same “as is” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements. Tenant hereby acknowledges that Landlord has fulfilled its obligations described 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 Exhibit G attached 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 However, notwithstanding the foregoing, Landlord agrees that the base Building electrical, heating, ventilation and 5, any improvements or personal property air conditioning and plumbing systems located in the Expansion Space shall be in good working order as of the Delivery Date. Except to the extent caused by the acts or omissions of Tenant or any officers, contractors, agents, employees or invitees of Tenant or by any alterations or improvements performed by or on behalf of Tenant, if such systems are delivered without any representation not in good working order as of the Delivery Date and Tenant provides Landlord with notice of the same within thirty (30) days following the Delivery Date, Landlord shall be responsible for repairing or warranty from restoring the same at Landlord, either express or implied, of any kind, including without limitation, title, merchantability, or suitability for a particular purpose’s sole cost and expense. Tenant shall deliver comply in the Expansion Space with all applicable laws, ordinances, orders, rules and regulations of any governmental entity (collectively, “Laws”) with reference to Landlord the operation of Tenant’s business and to the use, condition, configuration, or occupancy of the Expansion Space. Notwithstanding the foregoing, Landlord, not Tenant, shall be responsible for complying with any modifications Laws to the extent that such compliance requires either (i) alterations, additions, improvements, replacements or repairs in, to or upon the Base Building, or (ii) structural alterations, repairs or changes, except in the case of either (i) or (ii) above, to the extent the need to make the same results from (a) Tenant’s particular manner of use of the Premises (i.e., as opposed to Tenant’s insurance required under the Original Lease to reflect the addition use of the Expansion Space and Tenant’s entry into for general office use) or (b) any alterations, additions, or improvements performed by or on behalf of Tenant in the Expansion Space prior that are not of the type commonly performed by or on behalf of tenants in first class office buildings. Tenant, within ten (10) days after receipt thereof, shall provide Landlord with copies of any notices it receives with respect to a violation or alleged violation of any Laws. Tenant shall have the delivery right at its expense to contest by appropriate legal proceedings conducted in good faith and with due diligence, the validity or application, in whole or in part, of possession any Laws with which Tenant is obligated to Tenant.comply by the preceding sentence and, so long as such proceeding is being conducted in good faith and with due diligence and deferral of compliance does not subject Landlord to any material adverse consequences, result in unsafe conditions, nor interfere in any material respect with Landlord’s ability to manage, maintain, or operate the Building in a customary manner. Tenant may defer compliance pending the outcome of such contest. Landlord shall, upon

Condition of Expansion Space. Subject Tenant acknowledges that Landlord shall not be obligated to Sections 3 and 5, Tenant shall accept refurbish or improve the Expansion Space in its any manner whatsoever or to otherwise provide funds for the improvement of the Expansion Space, and Tenant hereby accepts the Expansion Space “AS AS-IS” condition”. Tenant agrees further acknowledges 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 5Section 5 below, neither Landlord nor Landlord’s agents have any agent of Landlord has made any representations representation or promises with respect to warranty regarding the condition of the Building, the Expansion Space, the land upon which improvements, refurbishments, or alterations therein, or Building B or with respect to the Building is constructed, functionality thereof or the present or future suitability or fitness of any of the Expansion Space or the Building foregoing for the conduct of Tenant’s particular businessbusiness and that all representations and warranties of Landlord, or any other matter or thing affecting or related to the Building or the Expansion Spaceif any, and no rights, easements or licenses are acquired by Tenant by implication or otherwise except as expressly set forth in this Original the Amended Lease. Subject to Sections 3 Landlord warrants that the heating, ventilating and 5air conditioning systems (the “HVAC”), any improvements or personal property located in the plumbing system and the electrical system existing within the Expansion Space are delivered without any representation on the Expansion Effective Date shall be in good working order on the Expansion Effective Date and continuing for ninety (90) days thereafter; provided, however, Landlord shall have no liability hereunder for repairs or warranty from replacements to the HVAC, the plumbing system or the electrical system necessitated by the acts or omissions of Tenant and/or of Tenant’s representatives, agents, contractors and/or employees, and provided that as Tenant’s sole remedy for Landlord’s breach of this warranty, either express or impliedTenant shall have the right to cause Landlord to repair the defective HVAC, the plumbing system and the electrical system (subject to the limitations set forth herein). Except as herein provided, Tenant shall not be relieved of any kindmaintenance obligations with respect to the HVAC, including without limitationthe plumbing system and the electrical system pursuant to the Amended Lease, titleincluding, merchantability, or suitability for a particular purpose. Tenant shall deliver but not limited to Landlord any modifications to Tenant’s insurance required under the obligations in Section 11.1 of 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 TenantLease.

Condition of Expansion Space. Subject to Sections 3 and 5, Tenant shall accept has inspected the Expansion Space in its and agrees to accept the same “AS ISas is” condition. Tenant agrees thatwithout any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements, except as set forth may be expressly provided otherwise in this Agreement and Amendment. However, notwithstanding the Work Letterforegoing, 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 agrees that the Expansion Space shall be broom clean and free of personal property and debris and that the Building Systems located in or serving the Expansion Space shall be in good working order as of the Expansion Space Commencement Date. Subject to Sections 3 and 5, the taking of date Landlord delivers possession of the Expansion Space to Tenant. Except to the extent caused by the acts or omissions of Tenant or any of the other Tenant Parties or by any alterations or improvements performed by or on behalf of Tenant, if such Building Systems are not in good working order as of the date possession of the Expansion Space is delivered to Tenant and Tenant provides Landlord with notice of the same within sixty (60) days following the date Landlord delivers possession of the Expansion Space, Landlord shall be conclusive evidence responsible for repairing or restoring the same and will proceed to do so promptly upon receipt of notice tendered to Landlord within such sixty (60) day period; provided, however, the foregoing shall not limit or relieve Landlord of its express repair and maintenance obligations under the Lease, as amended hereby. As of the date hereof, to Landlord’s actual knowledge, Landlord has no actual knowledge that the Expansion Space is in violation of Requirements. For purposes of this Section, “Landlord’s actual knowledge” and “knowledge” shall be deemed to mean and limited to the Building were in good and satisfactory condition current actual knowledge of the Property Manager at the time possession was taken by Tenant. Subject to Sections 3 of execution of this Amendment and 5not any implied, neither imputed, or constructive knowledge of said individual or of Landlord nor or any Landlord of Landlord’s agents have agents, employees or related entities and without any independent investigation or inquiry having been 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 implied duty to investigate or thing affecting make any inquiries; it being understood and agreed that such individual shall have no personal liability in any manner whatsoever hereunder or otherwise 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 Tenanttransactions contemplated hereby.

Condition of Expansion Space. Subject (a) Landlord has delivered the Expansion Space to Sections 3 Tenant as described in Section 9 below. Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Expansion Space, and 5, Tenant shall accept the Expansion Space in its “AS 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 on such delivery of the Expansion Space Commencement Date. Subject to Sections 3 and 5Tenant, the taking of possession of the Expansion Space except for (i) hidden or latent defects that could not be reasonable detected 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 Tenantof delivery, and (ii) Landlord’s maintenance and repair obligations set forth in Section 12.1 of the Original Lease. Subject to Sections 3 Tenant further acknowledges that except as expressly provided in the Lease and 5this Amendment, neither Landlord nor Landlord’s agents have any agent of Landlord has made any representations representation or promises warranty regarding the condition of the Premises, the improvements, refurbishments, or alterations therein, or with respect to the condition functionality thereof or the suitability of any 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 foregoing for the conduct of Tenant’s particular businessbusiness and that all representations and warranties of Landlord, or any other matter or thing affecting or related to if any, are as set forth in the Lease and this Amendment. On the Expansion Space Commencement Date, (a) all Building Systems serving the Expansion Space shall be in good working order and repair and in compliance with all Laws and (b) all structural portions of the Building or pertaining to the Expansion Space, including the foundation, floor/ceiling slabs, roof, columns, beams, stairs, exterior signage, stairwells, elevator cabs, plazas, parking areas, Building mechanical, electrical and no rightstelephone closets, easements or licenses are acquired by Tenant by implication or otherwise except as expressly set forth and all common and public areas (collectively, “Building Structure”) shall in this Original Lease. Subject to Sections 3 good working order and 5, any improvements or personal property located repair and in compliance with all Laws (herein 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“Compliance Condition”).

Condition of Expansion Space. Subject Tenant is currently in possession of the Expansion Space pursuant to Sections 3 a sublease, 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, that 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 Tenant’s continued possession of the Expansion Space by Tenant shall be conclusive evidence that the Expansion Space and the Building were are in good and satisfactory condition at the time possession was taken by Tenantcondition. Subject to Sections 3 and 5, neither 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 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 reasonable 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.