Common use of Condition of Expansion Space Clause in Contracts

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. a. Except as set forth in Section 6b, Landlord shall have no obligation to perform any demolition work or to deliver, make or install any materials or improvements in, to or at the Expansion Space and Tenant shall notify accept the Expansion Space in “as is” condition on the Expansion Space Commencement Date. b. Landlord, at Landlord’s expense, shall perform the following work (collectively, “Landlord’s Work”): i. promptly after this Amendment is fully executed and delivered, Landlord shall modify lobby space as shown on Exhibit B-Lobby Plan and begin to refurbish the lobby space (as applicable). Tenant shall have the right at its sole expense to upgrade lobby finishes beyond the standard building finish, provided the upgrades do not delay the completion of Landlord’s Work or any portion thereof and are reasonably satisfactory to Landlord; ii. not later than on the Demising Deadline, Landlord shall substantially complete the demising of the Expansion Space along the I-270 side of the Expansion Space by completing the addition of the wall to separate the two premises and the installation of dedicated front door for the Expansion Space (the “Demising Work”). Tenant shall have the right at its sole expense to upgrade the quality and/or security features of its front door beyond the standard building finish, provided the upgrades do not delay the completion of Landlord’s work or any portion thereof and are reasonably satisfactory to Landlord. The “Demising Deadline” shall be the date that is sixty (60) days after this Amendment is fully executed and delivered, which date shall be extended on a day for day basis for each day that Landlord is delayed in writing substantially completing the Demising Work due to any delay caused by Tenant and/or by reason of labor disputes, war, terrorism, civil unrest, inclement weather, fire or other casualty, accidents, orders or regulations of any governmental authority, governmental delays or any other cause beyond the reasonable control of Landlord (a “Force Majeure Delay”); and iii. promptly after this Amendment is fully executed and delivered, Landlord shall perform such additional work as might be necessary to reasonably achieve a clear separation of the Expansion Space from its supporting utility infrastructure. c. If Landlord does not substantially complete the Demising Work on or before the Demising Deadline, as Tenant’s sole remedy, Tenant shall have the unqualified right to terminate this Amendment; provided, however, in order to exercise such termination right, Tenant shall give Landlord written notice of such termination prior to the earlier of Landlord’s substantial completion of the Demising Work or within thirty thirty-one (3031) days after the later Demising Deadline. i. Beginning on the Expansion Space Commencement Date, Tenant shall be entitled to access the Expansion Space so Tenant can make Alterations to the Expansion Space. Tenant shall design, construct and install such Alterations in accordance with the provisions of Substantial Completion Section 10-Alterations of the Landlord Expansion Work or Lease and Landlord’s delivery then current rules for third-party construction at the Building. ii. Landlord shall provide Tenant with a tenant improvement allowance for the Expansion Space in an amount equal to the product of possession Ten Dollars ($10.00) multiplied by the rentable area of the Expansion Space of any (i.e., 10,428 rentable square feet) (the “punch list items” Expansion Space Allowance”). Landlord shall disburse the Expansion Space Allowance in accordance with respect to Landlord’s standard leasehold improvement allowance disbursement procedures. The Expansion Space Allowance shall be applied solely towards the Landlord Expansion Work or any patent defects claimed third-party design, construction and installation costs incurred 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 connection with the immediately preceding sentence. No agreement of Landlord to alter, remodel, decorate, clean or improve the Expansion Space or Alterations; provided, however, Tenant shall have the Real Property and no representation regarding the condition right to apply up to fifty percent (50%) of the Expansion Space or the Real Property in connection with Allowance towards 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 orderRelocation Costs.

Condition of Expansion Space. Tenant has inspected the Expansion Space and agrees to accept the same “as is” without any agreements, representations, understandings or {2011-0761/00030501 obligations on the part of Landlord to perform any alterations, repairs or improvements, except as may be expressly provided otherwise in this Amendment. Notwithstanding anything to the contrary set forth herein, except to the extent caused by Tenant or any of the Tenant Related Parties (as defined in Section 13.6 below) or Tenant’s contractors, the base Building electrical, heating, ventilation and air conditioning, mechanical and plumbing systems shall notify be in good and working order as of the date Landlord delivers possession of the Expansion Space to Tenant. If the foregoing are not in writing within good and working order as provided above, Landlord shall be responsible for repairing or restoring same at its cost and expense promptly, provided that Tenant has delivered written notice thereof to Landlord not later than thirty (30) days after the later of Substantial Completion of the Landlord Expansion Work or Landlord’s delivery of possession of following the Expansion Space of Effective Date. Notwithstanding the foregoing, Tenant, and not Landlord, shall be responsible, at its cost, for any “punch list items” with respect to the Landlord Expansion Work repairs 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) daysany defects that arise out of or in connection with the specific nature of Tenant’s business, to the extent such work can reasonably be accomplished within thirty (30) days). If Landlord disputes the existence acts or omissions of Tenant, any Tenant Related Parties or Tenant’s arrangement of any such itemsfurniture, the decision of the Architect (as defined equipment or other property in the Expansion Workletter) shall be final and binding on the premisesSpace, 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 alterany repairs, remodelalterations, decorate, clean additions 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 improvements performed by or on behalf of Landlord to Tenant, except as may be and any design or configuration of the Expansion Space created by or for Tenant which specifically stated results in this First Amendment the need for such repair to the correction of such defect in the mechanical or electrical systems 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 orderSpace.

Condition of Expansion Space. Tenant shall notify 5.1 As Is; Personal Property. Except for Landlord's Work (as defined below in Section 5.2), 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 is leasing the Expansion Space of to Tenant "as is", without 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 obligation of Landlord to alter, remodel, decorateimprove, clean repair or improve decorate any part of the Expansion Space Space, to perform any other construction or other work of improvement upon the Real Property Expansion Space, or to provide Tenant with any construction or refurbishing allowance whatsoever, and no without any express or implied representations or warranties of any kind, including, without limitation, any representation or warranty regarding the condition of the Expansion Space or the Real Property in connection with Building or the suitability of either for the conduct of Tenant’s occupancy of 's business. 5.2 Landlord's Work. Promptly following the Expansion Space has been made by or on behalf of Commencement Date, Landlord shall provide up to Tenant, except as may be specifically stated in this First Amendment or 10 electrical drops in the Expansion WorkletterSpace, re-carpet one conference room and replace all stained ceiling tiles, all to the reasonable satisfaction of Landlord and Tenant ("Landlord's Work"). Notwithstanding Tenant hereby acknowledges that Landlord's performance of Landlord's Work may be conducted during normal business hours and may create disruption, noise, dust or temporarily leave debris in the foregoingPremises. Landlord shall, Landlord however, use commercially reasonable efforts to minimize any interference with the conduct of Tenant's business in the Premises during the performance of Landlord's Work. Tenant hereby agrees that Landlord's Work and Landlord's actions in connection therewith shall deliver the Expansion Space in no way constitute a constructive eviction of Tenant nor entitle Tenant to Tenant in “broom clean” condition and with all Building systems in good working order.any abatement of Rent. Subject