Condition of New Premises. By taking possession of any part of the New Premises hereunder, Tenant shall be deemed to have accepted the New Premises as being in good order, condition and repair, and otherwise in its then existing “as is” and “where is” condition as of the New Premises Commencement Date, subject to Substantial Completion of Landlord’s Additional Work and completion of the Punch List Items and other than latent defects in Landlord’s Work of which Tenant notifies Landlord promptly following discovery thereof, but in no event later than one (1) year following the New Premises Commencement Date. Except for the performance of Landlord’s Work and Landlord’s Additional Work, Tenant agrees that Landlord has no obligation to perform any work, supply any materials, incur any expense or make any alterations or improvements to the New Premises to prepare the New Premises for Tenant’s occupancy. The foregoing, however, shall not be deemed or construed to release Landlord from any of its obligations set forth in the Lease, including its obligation to provide services and utilities under Article 7 of the Lease, or to repair, maintain and operate the Building in a manner consistent with comparable office buildings in midtown Manhattan (subject, in each case, to the applicable terms and provisions of the Lease). Tenant acknowledges that, except as may otherwise be expressly provided in this Amendment, neither Landlord, nor any employee, agent nor contractor of Landlord has made any representation or warranty concerning the Land, Building, Common Areas or New Premises, or the adequacy of Landlord’s Work or Landlord’s Additional Work for the conduct of Tenant’s business in the New Premises. Landlord reserves, for Landlord’s use, any of the following (other than those installed by or for Tenant’s exclusive use) that may be located in the New Premises: janitor closets, stairways and stairwells; fans, mechanical, electrical, telephone and similar rooms; and elevator, pipe and other vertical shafts, flues and ducts.
Condition of New Premises. Prior to the New Commencement Date, Landlord shall make improvements to the New Premises, on a turn-key basis at Landlord’s sole cost and expense, using the 2200 Building standard materials, finishes and specifications in accordance with the mutually agreed upon Space Plan attached hereto as Exhibit B (collectively, “Landlord’s Work”). Except as otherwise expressly set forth herein with respect to Landlord’s Work and except for Landlord’s repair and maintenance obligations set forth in the Lease, Tenant acknowledges that Landlord has no obligation to improve, or to otherwise fund any improvements to, any of the New Premises, and, subject to this Section 5, Tenant hereby accepts the New Premises in its present “AS-IS” condition. Tenant further acknowledges that except as expressly provided in this Amendment, neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of any of the New Premises, the improvements, refurbishments, or alterations therein, the 2200 Building or with respect to the functionality thereof or the suitability of any of the foregoing for the conduct of Tenant’s business and that all representations and warranties of Landlord, if any, are as set forth in this Amendment.
Condition of New Premises. Tenant acknowledges that Landlord shall not be obligated to refurbish or improve the New Premises in any manner whatsoever or to otherwise provide funds for the improvement of the New Premises, and Tenant hereby accepts the New Premises “AS-IS”. Tenant further acknowledges that except as expressly provided in this Amendment, neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of any of the New Premises, the improvements, refurbishments, or alterations therein, or the 1900 Building or with respect to the functionality thereof or the suitability of any of the foregoing for the conduct of Tenant’s business, and that all representations and warranties of Landlord, if any, are as set forth in this Amendment. Notwithstanding the foregoing, Landlord shall install the Tenant Improvements in the New Premises as described in, and pursuant to the terms and conditions of, the Work Letter attached hereto as Exhibit B.
Condition of New Premises. Landlord shall improve the New Premises per a mutually agreeable space plan as set forth in the Work Letter, subject to payment by Tenant of all costs in excess of the "Allowance" to be provided by Landlord as described in the Work Letter.
Condition of New Premises. The New Premises shall be constructed in accordance with the Plans and Specifications (hereinafter defined) and the terms and conditions of the Lease (as amended hereby). On the Substantial Completion Date, Landlord shall deliver possession of the New Premises to Tenant in good, vacant, broom clean condition, with all building systems in good working order and the roof water-tight, and in compliance with all laws. The reference in the immediately preceding sentence to the New Premises being in compliance with all laws shall not apply to the use to which Tenant will put the New Premises to the extent such use alters or imposes additional requirements on the New Premises under said laws, modifications which may be required by the Americans with Disabilities Act or any similar laws as a result of Tenant's use, or to any alterations to the New Premises made by or at the request of Tenant.
Condition of New Premises. Landlord shall deliver the New Premises in “as-is, where-is” condition, with no alterations, additions, repairs or improvements to be made by Landlord.
Condition of New Premises. Tenant has inspected the New Premises (and portions of the Building, Property, systems and equipment providing access to or *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. Table of Contents serving the New Premises) or has had an opportunity to do so, 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, or regarding any other matter, except as expressly provided in Exhibit B to this Amendment. With respect to the tenant improvements which Landlord has expressly agreed to perform to the New Premises pursuant to Exhibit B to this Amendment: (i) Landlord shall use diligent, good faith efforts to substantially complete any such improvements to an extent that Tenant can reasonably occupy the New Premises by the Relocation Date set forth in this Amendment, subject to the other provisions of this Amendment, (ii) Tenant shall also use diligent, good faith efforts to cooperate, and to cause its space planners, architects, contractors, agents and employees to cooperate diligently and in good faith, with Landlord and any space planners, architects, contractors or other parties designated by Landlord, such that any such improvements to the New Premises can be planned, permits can be obtained, and the work can be substantially completed by the Relocation Date set forth in this Amendment, and (iii) in the event of any dispute as to whether any such improvements have been substantially completed, Landlord may refer the matter to Landlord’s independent architect, whose decision shall be final and binding on the parties.
Condition of New Premises. Tenant acknowledges that, except as expressly provided in this Amendment, Landlord shall not be obligated to refurbish or improve the New Premises in any manner whatsoever or to otherwise provide funds for the improvement of the New Premises, and Tenant hereby accepts the New Premises “AS-IS”. Tenant further acknowledges that except as expressly provided in this Amendment, neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of any of the New Premises, the improvements, refurbishments, or alterations therein, or the Building with respect to the functionality thereof or the suitability of any of the foregoing for the conduct of Tenant’s business, and that all representations and warranties of Landlord, if any, are as set forth in this Amendment.
Condition of New Premises. Lessor agrees that, notwithstanding any contrary provision of the Lease or any interpretation of any provision thereof, the representations, warranties and covenants of Lessor in the Lease, including without limitation the representations, warranties and covenants of Lessor in Sections 2.2 and 2.3 thereof, shall be applicable to the New Premises and the "Start Date" with respect to the New Premises shall be the date on which Lessor delivers exclusive possession of the New Premises to Lessee.
Condition of New Premises. Landlord represents and warrants to Tenant that, to Landlord’s current, actual knowledge, (a) the existing plumbing, electrical, HVAC system, exterior walls, foundation, roof and load-bearing walls of the New Premises are in good working order, and (b) the structural integrity of the New Premises is free from any patent or latent defects.
