Common use of Condition of Premises; Tenant Improvements Clause in Contracts

Condition of Premises; Tenant Improvements. Tenant agrees (i) to accept the Premises on the Commencement Date (and by taking possession of the Premises Tenant shall be deemed to have accepted the Premises) as then being suitable for Tenant’s intended use and in good operating order, condition and repair in its then existing “AS IS” condition with the exception of the following: (A) Landlord’s construction of the Tenant Improvements as set forth in Exhibit B hereto, (B) latent defects that are not discoverable upon reasonable inspection; (C) the Delivery Requirements described below in this Section 5; and (D) a pre-existing crack in the lobby flooring of the Premises running from the northeast corner of the lobby to the southeast corner, for which Tenant shall not be responsible including but not limited to any repairs related to this pre-existing crack and for which Landlord shall be responsible for any repairs thereto; and (ii) that neither Landlord nor any of Landlord’s agents, representatives or employees has made any representations as to the suitability, fitness or condition of the Premises for the conduct of Tenant’s business or for any other purpose, including without limitation, any storage incidental thereto. The Tenant Improvements (defined in Exhibit B) shall be installed in accordance with the terms and provisions of Exhibit B. Notwithstanding anything to the contrary contained in this Section 5, on the Commencement Date, Landlord shall deliver the Premises with the roof and existing building systems and equipment (including but not limited to the HVAC, electrical, plumbing, lighting and ceiling) and the exterior freight lift in good working condition (the “Delivery Requirements”). Landlord warrants the condition of the roof, building systems and exterior freight lift for a period of six (6) months from the Commencement Date (the “Review Period”). In the event that Tenant notifies Landlord during the Review Period, in writing, of any of the foregoing items that are not in good working condition, Landlord shall cause such items to be promptly repaired at Landlord’s sole cost to the extent that any deficiencies to such systems are not caused by the acts or omissions of Tenant or any of Tenant’s Representatives (as defined below), or any Alterations performed by or on behalf of Tenant. If Tenant fails to timely deliver to Landlord such written notice of systems or equipment not in good working condition within the Review Period, Landlord shall have no obligation to perform any such work thereafter, except as otherwise expressly provided in the Lease.

Condition of Premises; Tenant Improvements. Tenant agrees (i) to accept the Premises on the Commencement Date (and by taking possession of the Premises Tenant shall be deemed to have accepted the Premises) as then being suitable for Tenant’s intended use and in good operating order, condition and repair in its then existing “AS IS” condition with the exception of the following: (A) Landlord’s construction of the Tenant Improvements condition, except as otherwise set forth in Exhibit B hereto, (B) latent defects that are not discoverable upon reasonable inspection; (C) the Delivery Requirements described below in this Section 5; and (D) a pre-existing crack in the lobby flooring of the Premises running from the northeast corner of the lobby to the southeast corner, for which Tenant shall not be responsible including but not limited to any repairs related to this pre-existing crack and for which Landlord shall be responsible for any repairs thereto; hereto and (ii) that except as expressly set forth in this Lease, neither Landlord nor any of Landlord’s agents, representatives or employees has made any representations as to the suitability, fitness or condition of the Premises for the conduct of Tenant’s business or for any other purpose, including without limitation, any storage incidental thereto. The Tenant Improvements (defined in Exhibit B) shall be installed in accordance with the terms and provisions of Exhibit B. Notwithstanding anything to the contrary contained foregoing, within five (5) business days after the Substantial Completion (as such term is defined in this Section 5, on Exhibit B hereto) of the Commencement Date, Tenant Improvements representatives of Landlord and Tenant shall deliver make a joint inspection of the Premises with the roof and existing building systems and equipment (including but not limited to the HVAC, electrical, plumbing, lighting and ceiling) Tenant Improvements and the exterior freight lift results of such inspection shall be set forth in good working condition a written list specifying the incomplete items as well as those items for which corrections need to be made (the “Delivery RequirementsPunchlist Items”). Landlord warrants and Tenant shall promptly (by no later than three (3) business days thereafter) and in good faith approve the condition written list of Punchlist Items. Landlord, at its sole cost and expense, shall use commercially reasonable efforts to cause the Punchlist Items to be completed and/or corrected, as applicable, within thirty (30) days following the approval by Landlord and Tenant of the roof, building systems and exterior freight lift for a period written list of six (6) months from the Commencement Date (the “Review Period”)Punchlist Items. In the event that Tenant notifies Landlord during the Review Period, in writing, of any Upon completion of the foregoing items Punchlist Items to Tenant’s reasonable satisfaction Tenant shall promptly notify Landlord in writing that are not in good working condition, Landlord shall cause such items have been completed to be promptly repaired at Landlord’s sole cost to the extent that any deficiencies to such systems are not caused by the acts or omissions of Tenant or any of Tenant’s Representatives (as defined below), or any Alterations performed by or on behalf of Tenant. If Tenant fails to timely deliver to Landlord such written notice of systems or equipment not in good working condition within the Review Period, Landlord shall have no obligation to perform any such work thereafter, except as otherwise expressly provided in the Leasereasonable satisfaction.

Condition of Premises; Tenant Improvements. Tenant agrees (i) to accept the Premises on the Commencement Date (and by taking possession of the Premises Tenant shall be deemed to have accepted the Premises) as then being suitable for Tenant’s 's intended use and in good operating order, condition and repair in its then existing “"AS IS” condition with the exception of the following: (A) Landlord’s construction of the Tenant Improvements " condition, except as otherwise set forth in Exhibit B hereto, . The Tenant Improvements (defined in Exhibit B) latent defects that are not discoverable upon reasonable inspection; (C) shall be installed in accordance with the Delivery Requirements described below terms, conditions, criteria and provisions set forth in this Section 5; and (D) a pre-existing crack in the lobby flooring Exhibit B. By taking possession of the Premises running from the northeast corner of the lobby to the southeast cornerPremises, for which Tenant shall not be responsible including but not limited deemed to any repairs related to this pre-existing crack have accepted the Premises in good condition and for which Landlord shall be responsible for any repairs thereto; state of repair. Tenant expressly acknowledges and (ii) agrees that neither Landlord nor any of Landlord’s 's agents, representatives or employees has made any representations as to the suitability, fitness or condition of the Premises for the conduct of Tenant’s 's business or for any other purpose, including without limitation, any storage incidental thereto. The Any Tenant Improvements to be constructed hereunder shall be in compliance with the requirements of the ADA (defined in Exhibit B) below), and all costs incurred for purposes of compliance therewith shall be installed a part of and included in accordance with the terms costs of the Tenant Improvements. Landlord shall cause the existing plumbing, electrical systems, fire sprinkler system, lighting, HVAC and provisions loading doors in the Premises (other than those constructed by Tenant or Tenant's Representatives) (hereinafter "Building Components") to be in good operating condition on the Commencement Date of Exhibit B. Notwithstanding anything to the contrary contained this Lease. Except as otherwise provided in this Section 5Lease, should any of the Building Components not be in good operating condition on the Commencement Date, then Landlord, within a commercially reasonable time period after receipt of written notice from Tenant setting forth with specificity the nature and extent of such non-compliance, shall rectify such non- compliance at no expense to Tenant. If Tenant does not give Landlord shall deliver the Premises with the roof and existing building systems and equipment written notice of a non- compliance within thirty (including but not limited to the HVAC, electrical, plumbing, lighting and ceiling30) and the exterior freight lift in good working condition (the “Delivery Requirements”). Landlord warrants the condition of the roof, building systems and exterior freight lift for a period of six (6) months from days after the Commencement Date of this Lease (the “Review Period”). In the event that Tenant notifies Landlord during the Review Periodexcept for HVAC non- compliance, in writingwhich event Tenant shall have sixty (60) days to notify Landlord), then Landlord and Tenant agree that the Building Components shall be deemed to be in good operating condition, and Landlord shall have no responsibility for the costs and expenses related to any non-compliance of any of the foregoing items Building Components. Tenant shall have the benefit of any warranties on the Building Components that are not in good working condition, Landlord shall cause such items to be promptly repaired at Landlord’s sole cost to effect as of the extent that any deficiencies to such systems are not caused by the acts or omissions Commencement Date of Tenant or any of Tenant’s Representatives (as defined below), or any Alterations performed by or on behalf of Tenant. If Tenant fails to timely deliver to Landlord such written notice of systems or equipment not in good working condition within the Review Period, Landlord shall have no obligation to perform any such work thereafter, except as otherwise expressly provided in the Lease.

Condition of Premises; Tenant Improvements. Tenant agrees (i) to accept the Premises on the Commencement Date (and by taking possession of the Premises Tenant shall be deemed to have accepted the Premises) as then being suitable for Tenant’s 's intended use and in good operating order, condition and repair in its then existing “"AS IS” condition with the exception of the following: (A) Landlord’s construction of the Tenant Improvements " condition, except as otherwise set forth in Exhibit B hereto, . The Tenant Improvements (defined in Exhibit B) latent defects that are not discoverable upon reasonable inspection; (C) shall be installed in accordance with the Delivery Requirements described below terms, conditions, criteria and provisions set forth in this Section 5; and (D) a pre-existing crack in the lobby flooring Exhibit B. By taking possession of the Premises running from the northeast corner of the lobby to the southeast cornerPremises, for which Tenant shall not be responsible including but not limited deemed to any repairs related to this pre-existing crack have accepted the Premises in good condition and for which Landlord shall be responsible for any repairs thereto; state of repair. Tenant expressly acknowledges and (ii) agrees that neither Landlord nor any of Landlord’s 's agents, representatives or employees has made any representations as to the suitability, fitness or condition of the Premises for the conduct of Tenant’s 's business or for any other purpose, including without limitation, any storage incidental thereto. The Any Tenant Improvements to be constructed hereunder shall be in compliance with the requirements of the ADA (defined in Exhibit B) below), and all costs incurred for purposes of compliance therewith shall be installed a part of and included in accordance with the terms costs of the Tenant Improvements. Landlord shall cause the existing plumbing, electrical systems, fire sprinkler system, lighting, HVAC and provisions loading doors in the Premises (other than those constructed by Tenant or Tenant's Representatives) (hereinafter "Building Components") to be in good operating condition on the Commencement Date of Exhibit B. Notwithstanding anything to the contrary contained this Lease. Except as otherwise provided in this Section 5Lease, should any of the Building Components not be in good operating condition on the Commencement Date, then Landlord, within a commercially reasonable time period after receipt of written notice from Tenant setting forth with specificity the nature and extent of such non-compliance, shall rectify such non-compliance at no expense to Tenant. If Tenant does not give Landlord shall deliver the Premises with the roof and existing building systems and equipment written notice of a non-compliance within thirty (including but not limited to the HVAC, electrical, plumbing, lighting and ceiling30) and the exterior freight lift in good working condition (the “Delivery Requirements”). Landlord warrants the condition of the roof, building systems and exterior freight lift for a period of six (6) months from days after the Commencement Date of this Lease (the “Review Period”). In the event that Tenant notifies Landlord during the Review Periodexcept for HVAC non-compliance, in writingwhich event Tenant shall have sixty (60) days to notify Landlord), then Landlord and Tenant agree that the Building Components shall be deemed to be in good operating condition, and Landlord shall have no responsibility for the costs and expenses related to any non-compliance of any of the foregoing items Building Components. Tenant shall have the benefit of any warranties on the Building Components that are not in good working condition, Landlord shall cause such items to be promptly repaired at Landlord’s sole cost to effect as of the extent that any deficiencies to such systems are not caused by the acts or omissions Commencement Date of Tenant or any of Tenant’s Representatives (as defined below), or any Alterations performed by or on behalf of Tenant. If Tenant fails to timely deliver to Landlord such written notice of systems or equipment not in good working condition within the Review Period, Landlord shall have no obligation to perform any such work thereafter, except as otherwise expressly provided in the Lease.

Condition of Premises; Tenant Improvements. 5.1 Tenant hereby agrees (i) to accept the Premises on the Commencement Date (and by taking possession upon Landlord's Substantial Completion of the Premises Tenant shall be deemed to have accepted the Premises) Shell Improvements as suitable for Tenant's intended use and as then being suitable for Tenant’s intended use and in good operating order, condition and repair in its then existing “"AS IS” condition with the exception of the following: (A) Landlord’s construction of the Tenant Improvements " condition, except as otherwise set forth in Exhibit B attached --------- hereto. The Tenant Improvements shall be installed in accordance with the terms, (B) latent defects that are not discoverable upon reasonable inspection; (C) the Delivery Requirements described below conditions, criteria and provisions set forth in this Section 5; and (D) a pre-existing crack in the lobby flooring Exhibit B. By taking possession --------- of the Premises running from with only the northeast corner of the lobby to the southeast cornerShell Improvements Substantially Completed, for which Tenant shall not be responsible including but not limited deemed to any repairs related have accepted the Premises in good, clean and completed condition and state of repair. Landlord and Tenant hereby agree to this pre-existing crack and for which Landlord shall be responsible for any repairs thereto; bound by the terms, conditions and (ii) that provisions of Exhibit B. Tenant acknowledges --------- and agrees that, except as specifically set forth in the Lease, neither Landlord nor any of Landlord’s 's agents, representatives or employees has made any representations as to the suitability, fitness or condition of the Premises for the conduct of Tenant’s 's business or for any other purpose, including without limitation, any storage incidental thereto. The Any exception to the foregoing provisions must be made by express written agreement by both parties. Any Tenant Improvements to be constructed hereunder shall be in compliance with the requirements of the ADA (defined in Exhibit Bbelow), and all costs incurred for purposes of compliance therewith (other than the costs to cause the Shell Improvements to comply with the ADA, which costs shall be Landlord's responsibility) shall be installed a part of and included in accordance the costs of the Tenant Improvements. Notwithstanding the foregoing, Tenant shall be entitled to make a claim against Landlord for any patent or latent defects in the initial design or construction of the Shell Improvements for a period of ninety (90) days after the Commencement Date; provided any such claim shall be submitted in writing to Landlord on or before that date which is ninety (90) days after the Commencement Date. In addition to the foregoing, Tenant shall be entitled to enforce, concurrently with Landlord, any warranties made or given to Landlord from the terms general contractor and provisions of Exhibit B. any major subcontractors with respect to the Shell Improvements. Notwithstanding anything to the contrary contained in herein, Tenant shall allow Landlord to, concurrently with Tenant (if Tenant so desires, otherwise separately), or after the expiration or earlier termination of this Section 5Lease, on the Commencement Dateindividually, Landlord shall deliver the Premises with the roof and existing building systems and equipment (including but not limited to the HVACmake a claim against Tenant's general contractor, electricalnamely Devcon Construction, plumbing, lighting and ceiling) and the exterior freight lift in good working condition Inc. (the “Delivery Requirements”). Landlord warrants "Tenant's General Contractor") for any patent or latent defects in the condition initial design or construction of the roof, building systems and exterior freight lift Tenant Improvements for a period of six ninety (690) months from days after the Commencement Date (date of Substantial Completion of the “Review Period”)Tenant Improvements. In addition to the event that Tenant notifies Landlord during the Review Period, in writing, of any of the foregoing items that are not in good working conditionforegoing, Landlord shall cause such items be entitled to be promptly repaired at Landlord’s sole cost enforce, concurrently with Tenant, or after the expiration or earlier termination of this Lease, individually, any warranties made or given to Tenant from the Tenant's General Contractor and any major subcontractors with respect to the extent that any deficiencies Tenant Improvements. Each of Landlord and Tenant shall be third party beneficiaries of the other party's construction agreements, and accordingly, each party hereby agrees to such systems are not caused by include a provision in their respective construction contracts to effectuate same. 5.2 The term "Shell Improvements" as used herein shall mean and refer to the acts or omissions following described improvements only: (i) the site work and building structure, including foundations, slab on grade, roof framing, roofing, exterior walls of Tenant or any the Building including exterior doors (per original shell design) and concrete wall panels; (ii) utilities brought to a perimeter electrical room within the Building, including electrical power with the main meter section cabinet set and, water and sewer; (iii) gas line stubbed to a location on the exterior of Tenant’s Representatives the Building (as defined belowiv) fire sprinkler mains and branch lines (per original shell design), or any Alterations performed by or excluding modification required for Tenant Improvements; (v) two (2) finished elevator cabs; (vi) finished restrooms on behalf of Tenant. If Tenant fails to timely deliver to Landlord such written notice of systems or equipment not in good working condition within the Review Period, Landlord shall have no obligation to perform any such work thereafter, except as otherwise expressly provided in the Lease.each floor (per original shell design); and

Condition of Premises; Tenant Improvements. Tenant agrees (i) to accept the Premises on the Commencement Date (and by taking possession of the Premises Tenant shall be deemed to have accepted the Premises) as then being suitable for Tenant’s intended use and in good operating order, condition and repair in its then existing “AS IS” condition, provided the same is broom clean and free of debris and except as otherwise set forth in the Lease and Exhibit B hereto. Tenant shall have use of the existing furniture, fixtures and equipment located within the Premises and listed on Exhibit D. including, but not limited to cubicles, chairs, private office furniture, kitchen furniture, server racks, wiring and all other fixtures in the Premises (“FF&E”), at no additional charge or rent to Tenant. Tenant may reconfigure the cubicles, without obligation to restore them to their original location at the end of the term, but Tenant may not dispose or otherwise discard of excess FF&E not in use, or parts thereof. Tenant agrees to return Landlord’s FF&E at the end of the term in the same condition as when received, except that Tenant may cause of the height of cubicle walls to be reduced by a professional firm, and subject to normal wear and tear and casualty, unless such casualty is caused by Tenant or any of Tenant’s Indemnitees (as defined in Section 13 below). The Tenant Improvements (defined in Exhibit B) shall be installed in accordance with the exception of the following: (A) Landlord’s construction of the Tenant Improvements as terms, conditions, criteria and provisions set forth in Exhibit B heretoB. By taking possession of the Premises, (B) Tenant shall be deemed to have accepted the Premises in good condition and state of repair, subject to punch list items, latent defects that are not discoverable upon reasonable inspection; (C) and Landlord’s obligations in the Delivery Requirements described below in last sentence of this Section 5; . Tenant expressly acknowledges and (D) a pre-existing crack in the lobby flooring of the Premises running from the northeast corner of the lobby to the southeast corner, for which Tenant shall not be responsible including but not limited to any repairs related to this pre-existing crack and for which Landlord shall be responsible for any repairs thereto; and (ii) agrees that neither Landlord nor any of Landlord’s agents, representatives or employees has made any representations as to the suitability, fitness or condition of the Premises for the conduct of Tenant’s business or for any other purpose, including without limitation, any storage incidental thereto. The Any Tenant Improvements to be constructed hereunder shall be in compliance with the requirements of the ADA (defined in Exhibit B) below), and all costs incurred for purposes of compliance therewith shall be installed a part of and included in accordance the costs of the Tenant Improvements. During the first three (3) months of the Lease, Landlord shall, within a reasonable time after receipt of notice from Tenant, remedy any failure of the Building or Premises to comply with the terms and provisions of Exhibit B. Notwithstanding anything to the contrary contained in this Section 5, on the Commencement Date, Landlord shall deliver the Premises with the roof and existing building systems and equipment (including but not limited to the HVAC, electrical, plumbing, lighting and ceiling) and the exterior freight lift in good working condition (the “Delivery Requirements”). Landlord warrants the condition of the roof, building systems and exterior freight lift for a period of six (6) months from the Commencement Date (the “Review Period”). In the event that Tenant notifies Landlord during the Review Period, in writing, of any of the foregoing items that are not in good working condition, Landlord shall cause such items to be promptly repaired following at Landlord’s sole cost to and expense: (i) the extent that any deficiencies to such lighting, electrical, mechanical, HVAC, plumbing, sewer, elevator and other systems are not caused by serving the acts or omissions of Tenant or any of Tenant’s Representatives (as defined below), or any Alterations performed by or on behalf of Tenant. If Tenant fails to timely deliver to Landlord such written notice of systems or equipment not Premises and the Building will be in good working operating condition within and repair, (iii) the Review Periodlandscaping and parking lot will be in good condition and repair, Landlord shall have no obligation to perform any such work thereafter, except as otherwise expressly provided and (iii) the roof of the Building will be in the Leasegood condition and watertight.

Condition of Premises; Tenant Improvements. Subject to the provisions of this Sections, Tenant agrees (i) to accept the Premises on the Commencement Date (and by taking possession of the Premises Tenant shall be deemed to have accepted the Premises) as then being suitable for Tenant’s intended use and in good operating order, condition and repair in its then existing “AS IS” condition with the exception of the following: (A) Landlord’s construction of the Tenant Improvements condition, except as otherwise set forth in Exhibit B hereto, provided, Landlord shall deliver the Premises with the existing Building operating systems including electrical, mechanical and plumbing systems in good working condition as of the Commencement Date of the Lease and Tenant shall have a review period of thirty (B30) latent defects that are not discoverable upon reasonable inspection; (C) the Delivery Requirements described days, as specified below in this Section 5; , to confirm such condition. The Tenant Improvements (defined in Exhibit B) shall be installed in accordance with the terms, conditions, criteria and (D) a pre-existing crack provisions set forth in the lobby flooring Exhibit B. Except as set forth below in this Section 5, by taking possession of the Premises running from the northeast corner of the lobby to the southeast cornerPremises, for which Tenant shall not be responsible including but not limited deemed to any repairs related to this pre-existing crack have accepted the Premises in good condition and for which Landlord shall be responsible for any repairs thereto; state of repair. Tenant expressly acknowledges and (ii) agrees that neither Landlord nor any of Landlord’s agents, representatives or employees has made any representations as to the suitability, fitness or condition of the Premises for the conduct of Tenant’s business or for any other purpose, including without limitation, any storage incidental thereto. The Any Tenant Improvements improvements to be constructed hereunder shall be in compliance with the requirements of the ADA (defined in Exhibit B) below), and all costs incurred for purposes of compliance therewith shall be installed a part of and included in accordance with the terms and provisions costs of Exhibit B. Notwithstanding anything to the contrary contained in this Section 5, on Tenant improvements. During the thirty (30) day period immediately following the Commencement Date, Landlord shall deliver the Premises with the roof and existing building systems and equipment (including but not limited use commercially reasonable efforts to cause such repairs to be made to the HVAC, electrical, plumbing, lighting and ceiling) and the exterior freight lift in good working condition (the “Delivery Requirements”). Landlord warrants the condition of the roof, building Building operating systems and exterior freight lift for a period of six (6) months from the Commencement Date (the “Review Period”). In the event as are necessary so that Tenant notifies Landlord during the Review Period, in writing, of any of the foregoing items that such systems are not in good working condition, Landlord shall cause such items to be promptly repaired at Landlord’s sole cost to the extent that any deficiencies to such systems are not caused by the acts or omissions of Tenant or any of Tenant’s Representatives (as defined below), or any Alterations performed by or on behalf of Tenant. If Tenant fails to timely deliver to Landlord any such written notice of systems or equipment not in good working condition the aforementioned repairs, within the Review Periodsaid 30-day period, Landlord shall have no obligation to perform any such work thereafter, except as otherwise expressly specifically provided in the Section 11 of this Lease.

Condition of Premises; Tenant Improvements. Tenant agrees (ia) to accept the Premises on the Commencement Date (and by taking possession Notwithstanding any provision of the Premises Tenant shall be deemed to have accepted the Premises) Lease, except as then being suitable for Tenant’s intended use and in good operating order, condition and repair in its then existing “AS IS” condition with the exception of the following: (A) Landlord’s construction of the Tenant Improvements as set forth in Exhibit B hereto, (B) latent defects that are not discoverable upon reasonable inspection; (C) the Delivery Requirements described provided below in this Section 5; 12, there shall be no tenant improvements provided by Landlord, and (D) a pre-existing crack in the lobby flooring of Tenant accepts the Premises running from “As-Is” without any representation or warranty on the northeast corner part of Landlord, except Landlord shall insure that the lobby Premises and the building systems are in good working condition, including, but not limited to, HVAC, electrical and plumbing, and all existing light fixtures shall be in good working order. The Tenant shall have the right to inspect the Premises to confirm that they are in good working condition prior to execution of this Amendment to Lease. (b) Landlord shall reimburse to Tenant costs actually incurred and paid by Tenant at the rate of Five Dollars and 00/100 ($5.00) per rentable square foot provided that the total of such reimbursement shall not exceed eighty thousand nine hundred seventy-five dollars and 00/100 ($80,975.00), for improvements to the southeast cornernew space Premises, for which including upgrading the existing restrooms, pursuant to improvements previously approved by Landlord as to be set out in working drawings to be submitted to Landlord pursuant to Section (d) below (“Tenant Improvements”). (c) Any tenant improvements undertaken by the Tenant shall, at a minimum, meet or exceed the then existing minimum building standards in effect at the San Xxxxxx Business Park and shall be accomplished in accordance with this Section, subject to the following modifications: (i) Tenant shall not be responsible including but not limited commence construction of any Tenant Improvements until: (1) all required governmental approvals and permits required for the commencement of construction have been obtained, (2) all requirements regarding insurance imposed by this Amendment and the Lease have been satisfied, and (3) Tenant has given Landlord at least ten (10) days’ prior written notice of Tenant’s intention to any repairs related to this pre-existing crack commence construction, and for which Landlord shall be responsible for any repairs thereto; and has complied with Section (d) below. (ii) In the event that neither Landlord nor Tenant shall make any of Landlord’s agentsalterations, representatives additions, or employees has made any representations as improvements to the suitability, fitness or condition of the Premises for the conduct of Tenant’s business or for any other purpose, including without limitation, any storage incidental thereto. The Tenant Improvements (defined in Exhibit B) shall be installed in accordance with pursuant to the terms and provisions of Exhibit B. Notwithstanding anything to the contrary contained in this Section 512, on the Commencement DateTenant agrees to carry fire and extended coverage insurance upon such alterations, additions, or improvements. In addition, Tenant shall carry or cause to be carried all legally required liability coverage, including workers’ compensation insurance. It is expressly understood and agreed that Landlord shall deliver not be required to insure any of such alterations, additions, or improvements under such insurance as Landlord may carry upon the Premises with Premises, and that Landlord shall not be required under the roof provisions relating to reconstruction of the Premises, or under any other circumstances whatsoever, to repair, reconstruct, or reinstall any such alterations, improvements, or additions. (d) Landlord hereby approves Tenant’s use of CAS Architects as its architect and existing building systems Xxxxxx and equipment (including but not limited Xxxxxxx as its general contractor. Tenant shall deliver, prior to the HVACcommencement of any Tenant Improvements, electrical, plumbing, lighting and ceiling) and the exterior freight lift in good a set of working condition (the “Delivery Requirements”)drawings acceptable to Landlord. Landlord warrants shall approve or disapprove of said improvements. Tenant anticipates that it shall complete the condition of the roof, building systems and exterior freight lift for a period of six (6) months from the Commencement Date (the “Review Period”)Tenant Improvements in three phases. In the event that Tenant notifies Landlord during the Review Period, in writing, of any of the foregoing items that are not in good working condition, Landlord shall cause such items to be promptly repaired at Landlord’s sole cost to the extent that any deficiencies to such systems are not caused by the acts or omissions of Tenant or any of Tenant’s Representatives (as defined below), or any Alterations performed by or on behalf of Tenant. If Tenant fails to timely deliver to Landlord such written notice a set of systems or equipment acceptable working drawings and shall complete the improvements for each phase as Follows: Phase One in first quarter 2002, Phase Two in second quarter 2002, and Phase Three in second and third quarter 2002. Tenant shall not be required to remove any approved Tenant Improvements upon termination of the Lease provided that Tenant is not then in good working condition within the Review Period, Landlord shall have no obligation to perform any such work thereafter, except as otherwise expressly provided in default under the Lease. Prior to vacating the Premises, any additional improvements constructed during the Term after the completion of the initial Tenant Improvements not approved by Landlord or specialized improvements not approved by Landlord may be required to be removed, at the option of the Landlord, and the Premises restored, at the sole cost and expense of Tenant, subject to ordinary wear and tear and Landlord’s review and approval.

Condition of Premises; Tenant Improvements. Tenant agrees (i) to accept the Premises on the Commencement Date (and by taking possession of the Premises Tenant shall be deemed to have accepted the Premises) as then being suitable for Tenant’s 's intended use and in good operating order, condition and repair in its then existing “"AS IS” condition " condition, except as otherwise set forth in hereto. The Tenant Improvements (defined in Exhibit B) shall be installed in accordance with the exception of the following: (A) Landlord’s construction of the Tenant Improvements as terms, conditions, criteria and provisions set forth in Exhibit B hereto, (B) latent defects that are not discoverable upon reasonable inspection; (C) the Delivery Requirements described below in this Section 5; and (D) a pre-existing crack in the lobby flooring B. By taking possession of the Premises running from the northeast corner of the lobby to the southeast cornerPremises, for which Tenant shall not be responsible including but not limited deemed to any repairs related to this pre-existing crack have accepted the Premises in good condition and for which Landlord shall be responsible for any repairs thereto; state of repair. Tenant expressly acknowledges and (ii) agrees that neither Landlord nor any of Landlord’s 's agents, representatives or employees has made any representations as to the suitability, fitness or condition of the Premises for the conduct of Tenant’s 's business or for any other purpose, including without limitation, any storage incidental thereto. The Any Tenant Improvements to be constructed hereunder shall be in compliance with the requirements of the ADA (defined in Exhibit B) below), and all costs incurred for purposes of compliance therewith shall be installed a part of and included in accordance with the terms costs of the Tenant Improvements. In addition and provisions of Exhibit B. Notwithstanding anything prior to the contrary contained in this Section 5, on the Commencement Date, Landlord, at Landlord's cost and expense, shall (i) renovate the lobby to the Premises with new finishes and entry subject to Tenant's reasonable review and approval and (ii) install submeters in the Premises. Such lobby shall be exclusive to Tenants use. Notwithstanding the foregoing, Landlord shall deliver provide the Premises with the roof and existing building operating systems and equipment (of the Building, including but not limited to the HVAC, electrical, plumbing, lighting HVAC, roof membrane and ceiling) and the exterior freight lift parking lot, in good working condition (the “Delivery Requirements”). Landlord warrants the condition of the roof, building systems and exterior freight lift for a period of six (6) months from the Commencement Date (the “Review Period”). In the event that Tenant notifies Landlord during the Review Period, in writing, of any of the foregoing items that are not in good working condition, Landlord shall cause such items to be promptly repaired at Landlord’s sole cost to the extent that any deficiencies to such systems are not caused by the acts or omissions of Tenant or any of Tenant’s Representatives (as defined below), or any Alterations performed by or on behalf of Tenant. If Tenant fails to timely deliver to Landlord such written notice of systems or equipment not in good working condition within the Review Period, Landlord shall have no obligation to perform any such work thereafter, except as otherwise expressly provided in the Leaseorder.

Condition of Premises; Tenant Improvements. Tenant agrees (i) to accept the Premises on the Commencement Date (and by taking possession of the Premises Tenant shall be deemed to have accepted the Premises) as then being suitable for Tenant’s intended use and in good operating order, condition and repair in its then existing “AS IS” condition with the exception of the following: (A) Landlord’s construction of the Tenant Improvements condition, except as otherwise set forth in Exhibit B hereto, (B) latent defects that are not discoverable upon reasonable inspection; (C) the Delivery Requirements described below hereto and in this Section 5; . The Tenant Improvements (defined in Exhibit B) shall be installed in accordance with the terms, conditions, criteria and provisions set forth in Exhibit B. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises in good condition and state of repair, however, Landlord shall deliver the Premises with the existing Building systems and subsystems including electrical, mechanical and plumbing systems in good working condition as of the Commencement Date of the Lease and Tenant shall have a review period of one hundred eighty (D180) a pre-existing crack days to confirm such condition. Landlord shall use its commercially reasonable efforts to respond promptly to any request of Tenant to repair such systems and subsystems in the lobby flooring event such systems and subsystems are not in good working condition; provided, in the event Tenant fails to inform Landlord of any needed repairs to such systems and subsystems within such one hundred eighty (180) day period, the Premises running from the northeast corner repair of the lobby to the southeast corner, for which Tenant shall not be responsible including but not limited to any repairs related to this pre-existing crack such systems and for which Landlord subsystems shall be responsible for any repairs thereto; governed by the terms of Section 11 of this Lease. Except as expressly set forth herein, Tenant expressly acknowledges and (ii) agrees that neither Landlord nor any of Landlord’s agents, representatives or employees has made any representations as to the suitability, fitness or condition of the Premises for the conduct of Tenant’s business or for any other purpose, including without limitation, any storage incidental thereto. The Any Tenant improvements to be constructed hereunder shall be in compliance with the requirements of the ADA (defined below) and all costs incurred for purposes of compliance therewith shall be a Tenant Improvement Cost. In addition, Landlord shall pay for (without reimbursement from Tenant) and perform any other improvements which (i) are required by Laws to be made to the Premises and (ii) arise directly from the construction of the Tenant Improvements (defined in Exhibit B) shall be installed in accordance with the terms and provisions of Exhibit B. Notwithstanding anything to the contrary contained in this Section 5, on the Commencement Date, Landlord shall deliver the Premises with the roof and existing building systems and equipment (including but not limited to the HVAC, electrical, plumbing, lighting and ceiling) and the exterior freight lift in good working condition (the “Delivery Requirements”). Landlord warrants the condition of the roof, building systems and exterior freight lift for a period of six (6) months from the Commencement Date (the “Review Period”). In the event that Tenant notifies Landlord during the Review Period, in writing, of any of the foregoing items that are not in good working condition, Landlord shall cause such items to be promptly repaired at Landlord’s sole cost to the extent that any deficiencies to such systems are not caused by the acts or omissions of Tenant or any of Tenant’s Representatives (as defined below); provided, or any Alterations performed by or on behalf of Tenant. If Tenant fails to timely deliver to Landlord such written notice of systems or equipment not in good working condition within the Review Period, Landlord shall have no obligation to perform if any such work thereafteris required due to Tenant’s use of the Premises or any Alteration (defined below) made by Tenant, except as otherwise expressly provided in the Leasesuch costs shall be paid by Tenant.

Condition of Premises; Tenant Improvements. Tenant agrees (i) to accept that it has inspected the Expansion Premises on the Commencement Date (and by taking possession of the Premises Tenant shall be deemed to have accepted the Premises) as then being has determined that they are suitable for Tenant’s intended use purposes without requiring any improvement by Landlord, and Tenant agrees to accept the Expansion Premises in good operating ordertheir “as is” condition. Tenant shall have the right, condition and repair in its then existing “AS IS” condition with the exception subject to all provisions of the followingLease relating to alterations, to install, at Tenant’s sole cost and expense, the following tenant improvements, using Building-standard materials, pursuant to plans and specifications to be approved in advance by Landlord: (Aa) Landlord’s construction installation of a door from the Tenant Improvements as set forth in Exhibit B hereto, (B) latent defects that are not discoverable upon reasonable inspectioncommon hallway to the Expansion Premises; (Cb) installation of a door opening between the Delivery Requirements described below in this Section 5warehouse and the additional room, all as shown on the site drawing attached hereto as Exhibit B; and (Dc) a pre-removal and replacement of the existing crack carpeting in the lobby flooring additional room with vinyl composition tile (“VCT”). Notwithstanding the provisions of Article 15 of the Premises running from the northeast corner of the lobby to the southeast cornerLease, for which Tenant shall not be responsible including but not limited obligated to any repairs related remove the VCT from the Expansion Premises and restore the Expansion Premises flooring to this pre-existing crack its condition as of the date that Tenant takes possession of the Expansion Premises (nor shall Tenant be obligated for the cost of such removal and for which Landlord shall be responsible for any repairs thereto; and restoration) upon (i) the expiration or termination of the Lease or (ii) that neither Landlord nor any relocation of Landlord’s agents, representatives or employees has made any representations as the Expansion Premises to the suitability“Relocation Space,” as that term is defined in Section 11 below, fitness or condition it being understood that the VCT shall remain undisturbed by Tenant upon Tenant’s vacation of the Premises for the conduct of Tenant’s business or for any other purpose, including without limitation, any storage incidental thereto. The Tenant Improvements (defined in Exhibit B) shall be installed in accordance with the terms and provisions of Exhibit B. Notwithstanding anything to the contrary contained in this Section 5, on the Commencement Date, Landlord shall deliver the Premises with the roof and existing building systems and equipment (including but not limited to the HVAC, electrical, plumbing, lighting and ceiling) and the exterior freight lift in good working condition (the “Delivery Requirements”). Landlord warrants the condition of the roof, building systems and exterior freight lift for a period of six (6) months from the Commencement Date (the “Review Period”). In the event that Tenant notifies Landlord during the Review Period, in writing, of any of the foregoing items that are not in good working condition, Landlord shall cause such items to be promptly repaired at Landlord’s sole cost to the extent that any deficiencies to such systems are not caused by the acts or omissions of Tenant or any of Tenant’s Representatives (as defined below), or any Alterations performed by or on behalf of Tenant. If Tenant fails to timely deliver to Landlord such written notice of systems or equipment not in good working condition within the Review Period, Landlord shall have no obligation to perform any such work thereafter, except as otherwise expressly provided in the LeaseExpansion Premises.

Condition of Premises; Tenant Improvements. Tenant agrees (i) to accept the Premises on the Commencement Date (and by taking possession of the Premises Tenant shall be deemed to have accepted the Premises) as then being suitable for Tenant’s intended use and that the Building systems and equipment are in good operating order, condition and repair in its then existing “AS IS” condition with the exception of the following: (A) Landlord’s construction of the Tenant Improvements condition, except as otherwise set forth in Exhibit B hereto, (B) latent defects that are not discoverable upon reasonable inspection; (C) the Delivery Requirements described below in this Section 5; and (D) a pre-existing crack in the lobby flooring of the Premises running from the northeast corner of the lobby to the southeast corner, for which Tenant shall not be responsible including but not limited to any repairs related to this pre-existing crack and for which Landlord shall be responsible for any repairs thereto; hereto and (ii) that neither Landlord nor any of Landlord’s agents, representatives or employees has made any representations as to the suitability, fitness or condition of the Premises for the conduct of Tenant’s business or for any other purpose, including without limitation, any storage incidental thereto. The Tenant Improvements (defined in Exhibit B) shall be installed in accordance with the terms and provisions of Exhibit B. Notwithstanding anything to the contrary contained in this Section 5foregoing, on the Commencement Date, Landlord shall deliver the Premises with the roof and existing building Building systems and equipment (including but not limited to the HVAC, electrical, plumbing, lighting and ceiling) and the exterior freight lift in good working condition (the “Delivery Requirements”). Landlord warrants the condition of the roof, building systems and exterior freight lift for Tenant shall have a review period of six four (64) months from the Commencement Date for the HVAC sytems and equipment and sixty (60) days from the Commencement Date for all other Building systems and equipment (the “Review Period”)) to confirm such condition. In the event that Tenant notifies Landlord during the Review Period, in writing, of any of the foregoing items that are not in good working condition, Landlord shall use commercially reasonable efforts to cause such items to be promptly repaired at Landlord’s sole cost to the extent that any deficiencies to such systems are not caused by the acts or omissions of Tenant or any of Tenant’s Representatives (as defined below), or any Alterations performed by or on behalf of Tenant. If Tenant fails to timely deliver to Landlord such written notice of Building systems or equipment not in good working condition within the Review Period, Landlord shall have no obligation to perform any such work thereafter, except as otherwise expressly provided in the Lease. Tenant acknowledges and agrees that it desires to take occupancy of a portion of the Premises prior to Landlord’s completion of the Tenant Improvements described in Exhibit B attached hereto. Accordingly, Tenant further acknowledges and agrees that the Tenant Improvements will be installed and constructed by Landlord in the Premises during the period of Tenant’s occupancy of the Premises; however the completion of such Tenant Improvements therein shall not affect Tenant’s obligation to pay Rent and to perform all of Tenant’s covenants and obligations under the Lease from and after the Commencement Date. Tenant hereby expressly (a) agrees that Tenant shall have no right or claim to any abatement, offset or other deduction of the amount of Rent payable by Tenant for the Premises due to the installation and construction of any of the Tenant Improvements, (b) grants Landlord access to any and all of the Premises to perform the Tenant Improvements, (c) waives any rights or claims Tenant may have at law or in equity with respect to any interference with Tenant’s conduct of its operations in and about the Premises during the pendency of the work associated with the Tenant Improvements, (d) agrees to use commercially reasonable efforts to not interfere, and to not allow any of Tenant’s Representatives to interfere, with Landlord and its contractors, representatives and consultants in the performance of the work associated with the completion of the Tenant Improvements, and (e) agrees that Tenant’s employees, agents, contractors, consultants, workmen, mechanics, suppliers and invitees shall fully cooperate, work in harmony and not, in any manner, unreasonably interfere with Landlord or Landlord’s agents or representatives in performing any of the aforementioned work and any additional work related thereto, Landlord’s work in other areas of the Park.

Condition of Premises; Tenant Improvements. Tenant agrees (i) to accept the Premises on the Commencement Date (and by taking possession of the Premises Tenant shall be deemed to have accepted the Premises) as then being suitable for Tenant’s intended use and in good operating order, condition and repair in its then existing “AS IS” condition with the exception of the following: (A) Landlord’s construction of the Tenant Improvements condition, except as otherwise set forth in Exhibit B hereto, (B) latent defects that are not discoverable upon reasonable inspection; (C) the Delivery Requirements described below hereto and in this Section 5; . The Tenant Improvements (defined in Exhibit B) shall be installed in accordance with the terms, conditions, criteria and provisions set forth in Exhibit B. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises in good condition and state of repair, however, Landlord shall deliver the Premises with the existing Building systems and subsystems including electrical, mechanical and plumbing systems in good working condition as of the Commencement Date of the Lease and Tenant shall have a review period of one hundred eighty (D180) a pre-existing crack days to confirm such condition. Landlord shall use its commercially reasonable efforts to respond promptly to any request of Tenant to repair such systems and subsystems in the lobby flooring event such systems and subsystems are not in good working condition; provided, in the event Tenant fails to inform Landlord of any needed repairs to such systems and subsystems within such one hundred eighty (180) day period, the Premises running repair of such systems and subsystems shall be governed by the terms of Section 11 of this Lease. Without reimbursement from the northeast corner Tenant by payment of the lobby Operating Expenses or otherwise (except as set forth herein), Landlord shall, in a good and workmanlike manner and in accordance with all Laws (defined below), cause Therma, an HVAC contractor, to the southeast cornerperform that certain scope of work attached hereto as Exhibit I and incorporated herein by this reference; provided, in no event shall Landlord be obligated to expend in excess of One Hundred Forty Thousand Dollars ($140,000.00) for which Tenant such work and any amounts in excess thereof shall not be responsible including but not limited to any repairs related to an Operating Expense under this pre-existing crack and for which Lease. Landlord shall use Landlord’s commercially reasonable efforts to cause such work to be responsible for any repairs thereto; performed on or before September 10, 2004, subject to Tenant Delays and (ii) Force Majeure Delays. Except as expressly set forth herein, Tenant expressly acknowledges and agrees that neither Landlord nor any of Landlord’s agents, representatives or employees has made any representations as to the suitability, fitness or condition of the Premises for the conduct of Tenant’s business or for any other purpose, including without limitation, any storage incidental thereto. The Any Tenant improvements to be constructed hereunder shall be in compliance with the requirements of the ADA (defined below), and all costs incurred for purposes of compliance therewith shall be a Tenant Improvement Cost. In addition, Landlord shall pay for (without reimbursement from Tenant) and perform any other improvements which (i) are required by Laws to be made to the Premises and (ii) arise directly from the construction of the Tenant Improvements (defined in Exhibit B) shall be installed in accordance with the terms and provisions of Exhibit B. Notwithstanding anything to the contrary contained in this Section 5, on the Commencement Date, Landlord shall deliver the Premises with the roof and existing building systems and equipment (including but not limited to the HVAC, electrical, plumbing, lighting and ceiling) and the exterior freight lift in good working condition (the “Delivery Requirements”). Landlord warrants the condition of the roof, building systems and exterior freight lift for a period of six (6) months from the Commencement Date (the “Review Period”). In the event that Tenant notifies Landlord during the Review Period, in writing, of any of the foregoing items that are not in good working condition, Landlord shall cause such items to be promptly repaired at Landlord’s sole cost to the extent that any deficiencies to such systems are not caused by the acts or omissions of Tenant or any of Tenant’s Representatives (as defined below); provided, or any Alterations performed by or on behalf of Tenant. If Tenant fails to timely deliver to Landlord such written notice of systems or equipment not in good working condition within the Review Period, Landlord shall have no obligation to perform if any such work thereafteris required due to Tenant’s use of the Premises or any Alteration (defined below) made by Tenant, except as otherwise expressly provided in the Leasesuch costs shall be paid by Tenant.

Condition of Premises; Tenant Improvements. (a) If Tenant agrees (i) desires to accept construct improvements within the Premises, Tenant shall prepare plans and specifications for the improvements and alterations desired to be installed by Tenant and shall submit them for approval, disapproval, or comment by Landlord. The proposed improvements and alterations, as approved by Landlord and as constructed by Tenant, shall be referred to herein as the “Tenant Improvements”. Landlord shall specifically indicate in writing upon the approved submissions for the Tenant Improvements which of the improvements, if any, shall be permitted to remain within the Premises on the Commencement Date (and by taking possession upon expiration of the Premises Tenant shall be deemed to have accepted the PremisesTerm. (b) as then being suitable for Tenant’s intended use and in good operating order, condition and repair in its then existing “AS IS” condition with the exception Upon approval by Xxxxxxxx of the following: (A) Landlord’s proposed Tenant Improvements and submission by Tenant to Landlord of evidence of the insurance coverage as herein required, Tenant may commence construction of the Tenant Improvements, using only contractors and subcontractors approved by Landlord. Tenant shall procure all necessary permits, licenses, and government approvals for the Tenant Improvements and shall perform its construction in accordance with the foregoing and in accordance with all applicable laws, rules, regulations, ordinances, covenants, and restrictions, and in accordance with Tenant’s submissions, as set forth approved by Landlord. Tenant shall cause the construction to be performed in Exhibit B hereto, (B) latent defects that are not discoverable upon reasonable inspection; (C) the Delivery Requirements described below a workmanlike manner and shall store and dispose of construction materials in this Section 5; a location and (D) a pre-existing crack in the lobby flooring manner approved by Landlord. Upon commencement of construction of the Premises running from Tenant Improvements, Tenant shall diligently pursue the northeast corner construction to completion and issuance of the lobby to the southeast corner, for which certificate of occupancy by applicable governmental entities. Tenant shall not cause or allow the construction to cause injury, damage or disruption to persons or property, and Tenant shall indemnify and hold harmless Landlord from and against and all any such damage or injury and the consequences thereof except to the extent caused by Landlord. Tenant shall pay all costs and expenses associated with or arising out of the design, permitting, and construction of the Tenant Improvements. (c) In no event shall Landlord’s approval of proposed construction or alteration or of contractors or subcontractors be responsible deemed a warranty or representation of any kind of nature whatsoever. (d) Upon completion of the Tenant Improvements, Tenant shall submit to Landlord copies or originals of its contractor’s final affidavit and final and unconditional lien waivers from all persons or entities providing labor or materials in connection with the design, permitting and construction of the Tenant Improvements, together with any additional evidence requested by Landlord evidencing lien-free completion of the Tenant Improvements in a workmanlike manner. (e) If Tenant makes any alterations, improvements or renovations during the Term, Tenant shall make such changes in accordance with all applicable laws, rules, regulations and ordinances, including but not limited to local building codes and health codes and the Americans With Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). Tenant shall defend, indemnify and hold Landlord harmless from and against any repairs related and all damages, penalties, fines, fees and other consequences arising out of the failure or alleged failure of Tenant to this pre-existing crack and for which Landlord comply with such laws, rules, regulations or ordinances. (f) The taking of possession of the Premises by Tenant shall be responsible for any repairs thereto; conclusive evidence that Xxxxxx accepts the Premises “as is” and that the Premises were in good and satisfactory condition when possession was acquired by Tenant. Tenant acknowledges that, except as otherwise specifically provided in this Section: (iii) that neither Landlord nor any of Landlord’s agents, representatives or employees has made any no representations as to the suitability, fitness or condition of the Premises for the conduct of Tenant’s business have been made by Landlord or for any other purpose, including without limitation, any storage incidental thereto. The Tenant Improvements (defined in Exhibit B) shall be installed in accordance with the terms and provisions of Exhibit B. Notwithstanding anything to the contrary contained in this Section 5, on the Commencement Date, Landlord shall deliver the Premises with the roof and existing building systems and equipment (including but not limited to the HVAC, electrical, plumbing, lighting and ceiling) and the exterior freight lift in good working condition (the “Delivery Requirements”). Landlord warrants the condition of the roof, building systems and exterior freight lift for a period of six (6) months from the Commencement Date (the “Review Period”). In the event that Tenant notifies Landlord during the Review Period, in writing, of any of the foregoing items that are not in good working condition, Landlord shall cause such items to be promptly repaired at Landlord’s sole cost to the extent that any deficiencies to such systems are not caused by the acts or omissions of Tenant or any of Tenant’s Representatives agents; (as defined below), or any Alterations performed by or on behalf of Tenant. If Tenant fails to timely deliver to Landlord such written notice of systems or equipment not in good working condition within the Review Period, Landlord shall have ii) no obligation to perform any such work thereafterrepair, add to, or improve the Premises has been assumed by Landlord except as this Lease otherwise expressly provided provides; (iii) no oral arrangements have been entered into in consideration of making this Lease; and (iv) the LeaseLease contains a full statement of the obligations of both parties hereto. (g) When this Lease calls for the approval, consent or other action by Landlord or Tenant, such approval, consent or other action shall be given, denied or taken, as the case may be, in a reasonable manner and not arbitrarily.