Common use of Condition of Premises on Delivery Clause in Contracts

Condition of Premises on Delivery. Lessee acknowledges that except as specifically otherwise provided in this Lease, (i) the lease of the Premises by Lessee pursuant hereto shall be on in its present "AS IS" condition, in the broadest sense of that term, with all faults, if any, (ii) neither Lessor nor any employee, representative or agent of Lessor has made any representation or warranty, express or implied, with respect to the Premises or any other portion of the Project, and (iii) Lessor shall have no obligation to improve or alter the Premises or Project for the benefit of Lessee. Without regard to Lessee's particular use of, or Alterations to, the Premises, upon the delivery of possession of the Premises to Lessee shall be in "broom clean" condition, free of debris, and the HVAC, electrical, plumbing, lighting and integrated Building mechanical systems serving the Premises shall be in good working condition. In the event it is established within sixty (60) days following delivery of possession of the Premises that, other than as a result of work necessitated by Lessee's particular use of, or Lessee Improvements or Alterations to, the Premises, the HVAC, electrical, plumbing, lighting and/or integrated Building mechanical systems serving the Premises were not in good working condition as of the delivery of possession of the Premises, Lessor shall promptly thereafter commence and diligently prosecute to completion the work necessary to restore such systems to working order (provided that Lessor shall not be responsible for any increased costs of performance of such work resulting from Lessee's particular use (as opposed to mere general office use) of, or Lessee Improvements or Alterations to, the Premises). Without regard to Lessee's particular use of, or Alterations (including, without limitation, the Lessee Improvements) to, the Premises, to Lessor's actual knowledge, as of the delivery of possession, the Premises shall comply with the all applicable laws (as enforced upon the execution of this Lease; the parties hereby acknowledging that the foregoing reference to "as enforced" shall be deemed to relate to changes in the manner of interpretation and/or enforcement of the requirements of current laws as opposed to a failure of governmental authorities to have identified pre-existing non-compliance with applicable laws in effect upon the execution of this Lease) other than any pre-existing non-compliance where compliance work is not presently required to be performed (as opposed to pre-existing non-compliance where compliance work is legally mandated even in the absence of subsequent improvements, alterations or change in use). If it is determined following the delivery of possession that upon the delivery of possession the Premises was not in compliance with all applicable laws (as enforced upon the execution of this Lease) where the correcting compliance work was required to be performed as of the execution of this Lease (as opposed to pre-existing non-compliance where compliance work was not legally mandated in the absence of subsequent improvements, alterations or change in use), then Lessor shall promptly thereafter commence and diligently prosecute to completion, at Lessor's expense, the work necessary to cause such compliance (provided that Lessor shall not be responsible for any increased costs of causing such compliance resulting from Lessee's particular use (as opposed to mere general office use) of, or Alterations (including, without limitation, the Lessee Improvements) to, the Premises).

Condition of Premises on Delivery. Lessee acknowledges that except as specifically otherwise provided in this LeaseLease and subject to Lessor’s representations, warranties and covenants set forth in this Lease (i) the lease of the Premises by Lessee pursuant hereto shall be on in its present "an “AS IS" condition, in the broadest sense of that term, with all faults, if any” basis, (ii) neither Lessor nor any employee, representative or agent of Lessor has made any representation or warranty, express or implied, warranty with respect to the Premises or any other portion of the Project, and (iii) Lessor shall have no obligation to improve or alter the Premises or Project for the benefit of Lessee. Without regard to Lessee's ’s particular use of, or Alterations to, the Premises, upon the delivery of possession of the Premises to Lessee shall be in "broom clean" conditionLessee, free of debris, the mechanical and the HVAC, electrical, plumbing, lighting and integrated Building mechanical utility systems serving the Premises shall be in good working condition. In the event it is established within sixty ninety (6090) days following delivery of possession of the Premises that, other than as a result of work necessitated by Lessee's ’s particular use of, or Lessee Improvements or Alterations to, the Premises, the HVAC, electrical, plumbing, lighting and/or integrated Building mechanical and utility systems serving the Premises were are not in good working condition as of the delivery of possession of the Premisescondition, Lessor shall promptly thereafter commence and diligently prosecute to completion the work necessary to restore such systems to working order (provided that Lessor shall not be responsible for any increased costs of performance of such work resulting from Lessee's ’s particular use (as opposed to mere general office use) of, or Lessee Improvements or Alterations to, the Premises). Without regard to Lessee's ’s particular use of, or Alterations (including, without limitation, the Lessee Improvements) to, the Premises, to Lessor's ’s actual knowledge, knowledge as of the delivery of possession, the Premises shall comply with the all applicable laws Americans with Disabilities Act of 1990 (as enforced upon the execution of this Lease; the parties hereby acknowledging that the foregoing reference to "as enforced" shall be deemed to relate to changes in the manner of interpretation and/or enforcement of the requirements of current laws as opposed to a failure of governmental authorities to have identified pre-existing non-compliance with applicable laws in effect upon the execution of this Lease) other than any pre-existing non-compliance where compliance work is not presently then required to be performed (as opposed to pre-existing non-compliance where compliance work is legally mandated even in the absence of subsequent improvements, alterations or change in use). If it is determined following the delivery of possession that upon the delivery of possession the Premises was not in compliance with all applicable laws the Americans with Disabilities Act of 1990 (as enforced upon the execution of this Lease) where the correcting compliance work was then required to be performed as of the execution of this Lease (as opposed to pre-existing non-compliance where compliance work was not legally mandated in the absence of subsequent improvements, alterations or change in use), then Lessor shall promptly thereafter commence and diligently prosecute to completion, at Lessor's ’s expense, the work necessary to cause such compliance (provided that Lessor shall not be responsible for any increased costs of causing such compliance resulting from Lessee's ’s particular use (as opposed to mere general office use) of, or Alterations (including, without limitation, the Lessee Improvements) to, the Premises).

Condition of Premises on Delivery. Lessee acknowledges that except as specifically otherwise provided in this Lease and subject to Lessor’s representations, warranties and covenants set forth in this Lease, (i) the lease of the Premises by Lessee pursuant hereto shall be on in its present "“AS IS" ” condition, in the broadest sense of that term, with all faults, if any, (ii) neither Lessor nor any employee, representative or agent of Lessor has made any representation or warranty, express or implied, with respect to the Premises or any other portion of the Project, and (iii) Lessor shall have no obligation to improve or alter the Premises or Project for the benefit of Lessee. Without regard to Lessee's ’s particular use of, or Alterations to, the Premises, upon the delivery of possession of the Premises to Lessee shall be in "broom clean" conditionLessee, free of debristhe Building roof, parking lot serving the Project (including parking lot lighting, ballasts and tubes), and the HVAC, electrical, plumbing, plumbing and lighting and integrated Building mechanical systems serving the Premises shall be in good working condition, and the core Building systems (including toilet rooms, elevator lobbies, janitorial rooms and associated circulation areas) shall all be fully operable. In the event it is established within sixty ninety (6090) days following delivery of possession of the Premises that, other than as a result of work necessitated by Lessee's ’s particular use of, or Lessee Improvements or Alterations to, the Premises, the Building roof, parking lot serving the Project, and/or HVAC, electrical, plumbing, plumbing and/or lighting and/or integrated Building mechanical systems serving the Premises were not in good working condition as of the delivery of possession of the Premises or such core Building systems were not fully operable as of the delivery of possession of the Premises, Lessor shall promptly thereafter commence and diligently prosecute to completion the work necessary to restore such systems to working order or fully operable condition, as applicable (provided that Lessor shall not be responsible for any increased costs of performance of such work resulting from Lessee's particular use (as opposed to mere general office use) of, or Lessee Improvements or Alterations to, the Premises). Without regard to Lessee's particular use of, or Alterations (including, without limitation, the Lessee Improvements) to, the Premises, to Lessor's actual knowledge, as of the delivery of possession, the Premises shall comply with the all applicable laws (as enforced upon the execution of this Lease; the parties hereby acknowledging that the foregoing reference to "as enforced" shall be deemed to relate to changes in the manner of interpretation and/or enforcement of the requirements of current laws as opposed to a failure of governmental authorities to have identified pre-existing non-compliance with applicable laws in effect upon the execution of this Lease) other than any pre-existing non-compliance where compliance work is not presently required to be performed (as opposed to pre-existing non-compliance where compliance work is legally mandated even in the absence of subsequent improvements, alterations or change in use). If it is determined following the delivery of possession that upon the delivery of possession the Premises was not in compliance with all applicable laws (as enforced upon the execution of this Lease) where the correcting compliance work was required to be performed as of the execution of this Lease (as opposed to pre-existing non-compliance where compliance work was not legally mandated in the absence of subsequent improvements, alterations or change in use), then Lessor shall promptly thereafter commence and diligently prosecute to completion, at Lessor's expense, the work necessary to cause such compliance (provided that Lessor shall not be responsible for any increased costs of causing such compliance resulting from Lessee's ’s particular use (as opposed to mere general office use) of, or Alterations (to, the Premises). Lessor shall be responsible, at Lessor’s cost, for taking such actions as are required to correct any current non-compliance of the Premises and Common Areas with applicable laws, including, without limitation, laws respecting accessibility and use by disabled persons (as enforced by applicable governmental authorities) as of the delivery of possession of the Premises, which work shall include work required to correct such non-compliance which is necessitated by mere use of the Premises (as opposed to the particular nature of Lessee’s use), or by mere performance of improvement work to the Premises (as opposed to the particular nature of the Lessee Improvements or Lessee’s Alterations)), except that Lessee shall be responsible for Premises work required to correct non-compliance which is necessitated by the particular nature of Lessee’s use, or the particular nature of the Lessee Improvements or Lessee’s Alterations. Notwithstanding anything to the contrary contained in this Lease, in the event Lessee is unable to obtain a building permit for the construction of the Lessee Improvements solely due to pre-existing non-compliance of the Project with applicable laws, then Lessee shall have the right to terminate this Lease effective upon thirty (30) days prior written notice to Lessor, provided that if Lessor is able to obtain necessary sign offs, approvals or otherwise takes action within such thirty (30) day period so that such pre-existing non-compliance no longer prevents Lessee’s obtaining a building permit for the Lessee Improvements) to, the Premises)then such election by Lessee to terminate pursuant hereto shall be null and void and this Lease shall continue in full force and effect as if such notice were never given.