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, except as otherwise set forth in Exhibit B 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 the foregoing, within five (5) business days after the Substantial Completion (as such term is defined in Exhibit B hereto) of the Tenant Improvements representatives of Landlord and Tenant shall make a joint inspection of the Tenant Improvements and the results of such inspection shall be set forth in a written list specifying the incomplete items as well as those items for which corrections need to be made (the “Punchlist Items”). Landlord and Tenant shall promptly (by no later than three (3) business days thereafter) and in good faith approve the 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 written list of Punchlist Items. Upon completion of the Punchlist Items to Tenant’s reasonable satisfaction Tenant shall promptly notify Landlord in writing that such items have been completed to Tenant’s reasonable 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 intended use and in good operating order, condition and repair in its then existing “AS IS” condition, except condition with the exception of the following: (A) Landlord’s construction of the Tenant Improvements as otherwise set forth in Exhibit B hereto 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 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 foregoingcontrary contained in this Section 5, within five on the Commencement Date, Landlord shall deliver the Premises with the roof and existing building systems and equipment (5including but not limited to the HVAC, electrical, plumbing, lighting and ceiling) business days after the Substantial Completion (as such term is defined in Exhibit B hereto) of the Tenant Improvements representatives of Landlord and Tenant shall make a joint inspection of the Tenant Improvements and the results of such inspection shall be set forth exterior freight lift in a written list specifying the incomplete items as well as those items for which corrections need to be made good working condition (the “Punchlist ItemsDelivery 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 shall promptly (by no later than three (3) business days thereafter) and notifies Landlord during the Review Period, in writing, of any of the foregoing items that are not in good faith approve the written list of Punchlist Items. working condition, Landlord shall cause such items to be promptly repaired at Landlord, at its ’s sole cost and expense, shall use commercially reasonable efforts to cause the Punchlist Items extent that any deficiencies to be completed and/or corrected, as applicable, within thirty (30) days following such systems are not caused by the approval by Landlord and acts or omissions of Tenant or any of the written list of Punchlist Items. Upon completion of the Punchlist Items to Tenant’s reasonable satisfaction 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 promptly notify Landlord have no obligation to perform any such work thereafter, except as otherwise expressly provided in writing that such items have been completed to Tenant’s reasonable satisfactionthe Lease.

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 order, condition and repair in its then existing their “AS ISas is” condition. Tenant shall have the right, except as otherwise set forth in Exhibit B 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 subject to the suitability, fitness or condition all provisions of the Premises for the conduct of Lease relating to alterations, to install, at 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 the foregoing, within five (5) business days after the Substantial Completion (as such term is defined in Exhibit B hereto) of the Tenant Improvements representatives of Landlord and Tenant shall make a joint inspection of the Tenant Improvements and the results of such inspection shall be set forth in a written list specifying the incomplete items as well as those items for which corrections need to be made (the “Punchlist Items”). Landlord and Tenant shall promptly (by no later than three (3) business days thereafter) and in good faith approve the written list of Punchlist Items. Landlord, at its sole cost and expense, shall use commercially reasonable efforts the following tenant improvements, using Building-standard materials, pursuant to cause the Punchlist Items plans and specifications to be completed and/or correctedapproved in advance by Landlord: (a) installation of a door from the common hallway to the Expansion Premises; (b) installation of a door opening between the warehouse and the additional room, all as applicable, within thirty shown on the site drawing attached hereto as Exhibit B; and (30c) days following the approval by Landlord removal and Tenant replacement of the written list existing carpeting in the additional room with vinyl composition tile (“VCT”). Notwithstanding the provisions of Punchlist Items. Upon completion Article 15 of the Punchlist Items Lease, Tenant shall not be obligated to remove the VCT from the Expansion Premises and restore the Expansion Premises flooring to 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 restoration) upon (i) the expiration or termination of the Lease or (ii) relocation of the Expansion Premises to the “Relocation Space,” as that term is defined in Section 11 below, it being understood that the VCT shall remain undisturbed by Tenant upon Tenant’s reasonable satisfaction Tenant shall promptly notify Landlord in writing that such items have been completed to Tenant’s reasonable satisfactionvacation of the Expansion 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 's intended use and in good operating order, condition and repair in its then existing “"AS IS” " condition, except as otherwise set forth in hereto. The Tenant Improvements (defined in Exhibit B hereto B) shall be installed in accordance with the terms, conditions, criteria and (ii) that except as expressly provisions set forth in this LeaseExhibit B. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises in good condition and state of repair. Tenant expressly acknowledges and 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 and provisions of Exhibit B. Notwithstanding the foregoing, within five (5) business days after the Substantial Completion (as such term is defined in Exhibit B hereto) costs of the Tenant Improvements representatives of Landlord Improvements. In addition and Tenant shall make a joint inspection of prior to the Tenant Improvements and the results of such inspection shall be set forth in a written list specifying the incomplete items as well as those items for which corrections need to be made (the “Punchlist Items”). Landlord and Tenant shall promptly (by no later than three (3) business days thereafter) and in good faith approve the written list of Punchlist Items. Commencement Date, Landlord, at its sole Landlord's cost and expense, shall use commercially (i) renovate the lobby to the Premises with new finishes and entry subject to Tenant's reasonable efforts review and approval and (ii) install submeters in the Premises. Such lobby shall be exclusive to cause Tenants use. Notwithstanding the Punchlist Items to be completed and/or correctedforegoing, as applicable, within thirty (30) days following Landlord shall provide the approval by Landlord and Tenant Premises with the operating systems of the written list of Punchlist Items. Upon completion of Building, including the Punchlist Items to Tenant’s reasonable satisfaction Tenant shall promptly notify Landlord electrical, plumbing, HVAC, roof membrane and parking lot, in writing that such items have been completed to Tenant’s reasonable satisfactiongood working order.

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, except as otherwise set forth in Exhibit B hereto and in this Section 5. The Tenant Improvements (iidefined 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 (180) 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 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 repair of such systems and subsystems shall be governed by the terms of Section 11 of this Lease. Without reimbursement from Tenant by payment of 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 perform that except 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 such work and any amounts in excess thereof shall be an Operating Expense under this Lease. Landlord shall use Landlord’s commercially reasonable efforts to cause such work to be performed on or before September 10, 2004, subject to Tenant Delays and Force Majeure Delays. Except as expressly set forth in this Leaseherein, 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 the foregoingbelow); provided, within five (5) business days after the Substantial Completion (as if any such term work is defined in Exhibit B hereto) of the Tenant Improvements representatives of Landlord and Tenant shall make a joint inspection of the Tenant Improvements and the results of such inspection shall be set forth in a written list specifying the incomplete items as well as those items for which corrections need to be made (the “Punchlist Items”). Landlord and Tenant shall promptly (by no later than three (3) business days thereafter) and in good faith approve the 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 written list of Punchlist Items. Upon completion of the Punchlist Items required due to Tenant’s reasonable satisfaction Tenant use of the Premises or any Alteration (defined below) made by Tenant, such costs shall promptly notify Landlord in writing that such items have been completed to be paid by Tenant’s reasonable satisfaction.

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, except as otherwise set forth in Exhibit B hereto 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 (ii30) that except days, as expressly 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 provisions set forth in Exhibit B. Except as set forth below in this LeaseSection 5, by taking possession of the Premises, Tenant shall be deemed to have accepted the Premises in good condition and state of repair. 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 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 of Exhibit B. Notwithstanding the foregoing, within five (5) business days after the Substantial Completion (as such term is defined in Exhibit B hereto) costs of the Tenant Improvements representatives of improvements. During the thirty (30) day period immediately following the Commencement Date, Landlord and Tenant shall make a joint inspection of the Tenant Improvements and the results of such inspection shall be set forth in a written list specifying the incomplete items as well as those items for which corrections need to be made (the “Punchlist Items”). Landlord and Tenant shall promptly (by no later than three (3) business days thereafter) and in good faith approve the written list of Punchlist Items. Landlord, at its sole cost and expense, shall use commercially reasonable efforts to cause the Punchlist Items such repairs to be completed and/or corrected, made to the Building operating systems as applicableare necessary so that such systems are in good working condition. If Tenant fails to timely deliver to Landlord any such written notice of the aforementioned repairs, within thirty (said 30) days following the approval by -day period, Landlord and Tenant shall have no obligation to perform any such work thereafter, except as otherwise specifically provided in Section 11 of the written list of Punchlist Items. Upon completion of the Punchlist Items to Tenant’s reasonable satisfaction Tenant shall promptly notify Landlord in writing that such items have been completed to Tenant’s reasonable satisfactionthis 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, except as otherwise set forth in Exhibit B hereto attached --------- hereto. The Tenant Improvements shall be installed in accordance with the terms, conditions, criteria and (ii) that except as expressly provisions set forth in this Exhibit B. By taking possession --------- of the Premises with only the Shell Improvements Substantially Completed, Tenant shall be deemed to have accepted the Premises in good, clean and completed condition and state of repair. Landlord and Tenant hereby agree to and shall be bound by the terms, conditions and 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 with the terms and provisions costs of Exhibit B. the Tenant Improvements. Notwithstanding the foregoing, within five 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 (590) business days after the Substantial Completion Commencement Date; provided any such claim shall be submitted in writing to Landlord on or before that date which is ninety (as such term is defined 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 general contractor and any major subcontractors with respect to the Shell Improvements. Notwithstanding anything to the contrary contained herein, Tenant shall allow Landlord to, concurrently with Tenant (if Tenant so desires, otherwise separately), or after the expiration or earlier termination of this Lease, individually, make a claim against Tenant's general contractor, namely Devcon Construction, Inc. (the "Tenant's General Contractor") for any patent or latent defects in Exhibit B hereto) the initial design or construction of the Tenant Improvements representatives for a period of ninety (90) days after the date of Substantial Completion of the Tenant Improvements. In addition to the foregoing, Landlord shall be entitled to 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 Tenant Improvements. Each of Landlord and Tenant shall make a joint inspection be third party beneficiaries of the Tenant Improvements other party's construction agreements, and the results of such inspection shall be set forth accordingly, each party hereby agrees to include a provision in a written list specifying the incomplete items as well as those items for which corrections need their respective construction contracts to be made (the “Punchlist Items”). Landlord and Tenant shall promptly (by no later than three (3) business days thereafter) and in good faith approve the 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 written list of Punchlist Items. Upon completion of the Punchlist Items to Tenant’s reasonable satisfaction Tenant shall promptly notify Landlord in writing that such items have been completed to Tenant’s reasonable satisfactioneffectuate same.

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, except as otherwise set forth in Exhibit B 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 the foregoing, within five (5) business days after on the Substantial Completion (as such term is defined Commencement Date, Landlord shall deliver the Premises with the existing Building systems and equipment in Exhibit B hereto) of the Tenant Improvements representatives of Landlord good working condition and Tenant shall make have a joint inspection review period of four (4) months from the Tenant Improvements Commencement Date for the HVAC sytems and equipment and sixty (60) days from the results of such inspection shall be set forth in a written list specifying the incomplete items as well as those items Commencement Date for which corrections need to be made all other Building systems and equipment (the “Punchlist ItemsReview Period”)) to confirm such condition. In the event that Tenant notifies Landlord and Tenant shall promptly (by no later than three (3) business days thereafter) and during the Review Period, in writing, of any of the foregoing items that are not in good faith approve the written list of Punchlist Items. Landlordworking condition, at its sole cost and expense, Landlord shall use commercially reasonable efforts to cause the Punchlist Items such items to be completed and/or correctedpromptly repaired 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 applicable, within thirty (30) days following otherwise expressly provided in the approval by Landlord Lease. Tenant acknowledges and Tenant agrees that it desires to take occupancy of a portion of the written list of Punchlist Items. Upon Premises prior to Landlord’s completion of the Punchlist Items to 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 reasonable satisfaction 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 promptly notify 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 writing that such items have been completed 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 satisfactionefforts 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, except as otherwise set forth in Exhibit B hereto and in this Section 5. The Tenant Improvements (iidefined in Exhibit B) that except 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 (180) 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 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 repair of such systems and subsystems shall be governed by the terms of Section 11 of this Lease. Except as expressly set forth in this Leaseherein, 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 the foregoingbelow); provided, within five (5) business days after the Substantial Completion (as if any such term work is defined in Exhibit B hereto) of the Tenant Improvements representatives of Landlord and Tenant shall make a joint inspection of the Tenant Improvements and the results of such inspection shall be set forth in a written list specifying the incomplete items as well as those items for which corrections need to be made (the “Punchlist Items”). Landlord and Tenant shall promptly (by no later than three (3) business days thereafter) and in good faith approve the 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 written list of Punchlist Items. Upon completion of the Punchlist Items required due to Tenant’s reasonable satisfaction Tenant use of the Premises or any Alteration (defined below) made by Tenant, such costs shall promptly notify Landlord in writing that such items have been completed to be paid by Tenant’s reasonable 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, except as otherwise set forth in Exhibit B hereto hereto. The Tenant Improvements (defined in Exhibit B) shall be installed in accordance with the terms, conditions, criteria and (ii) that except as expressly provisions set forth in this LeaseExhibit B. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises in good condition and state of repair. Tenant expressly acknowledges and 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 and provisions of Exhibit B. Notwithstanding the foregoing, within five (5) business days after the Substantial Completion (as such term is defined in Exhibit B hereto) costs of the Tenant Improvements representatives Improvements. Landlord shall cause the existing plumbing, electrical systems, fire sprinkler system, lighting, HVAC and 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 Landlord and Tenant shall make a joint inspection this Lease. Except as otherwise provided in this Lease, 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 Improvements setting forth with specificity the nature and the results extent of such inspection shall be set forth in a written list specifying the incomplete items as well as those items for which corrections need to be made (the “Punchlist Items”). Landlord and Tenant shall promptly (by no later than three (3) business days thereafter) and in good faith approve the written list of Punchlist Items. Landlord, at its sole cost and expensenon-compliance, shall use commercially reasonable efforts rectify such non- compliance at no expense to cause the Punchlist Items to be completed and/or corrected, as applicable, Tenant. If Tenant does not give Landlord written notice of a non- compliance within thirty (30) days following after the approval by Commencement Date of this Lease (except for HVAC non- compliance, in which 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 written list Building Components. Tenant shall have the benefit of Punchlist Items. Upon completion any warranties on the Building Components that are in effect as of the Punchlist Items to Tenant’s reasonable satisfaction Tenant shall promptly notify Landlord in writing that such items have been completed to Tenant’s reasonable satisfactionCommencement Date of 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, except as otherwise set forth in Exhibit B hereto hereto. The Tenant Improvements (defined in Exhibit B) shall be installed in accordance with the terms, conditions, criteria and (ii) that except as expressly provisions set forth in this LeaseExhibit B or in the succeeding sentence. Landlord shall deliver the Premises to Tenant with all Building Systems in good working order and condition. For purposes hereof, “Building Systems” shall exclusively mean heat, ventilation and air conditioning systems, and the electrical, plumbing and other mechanical systems (including life/fire safety systems) that serve the Premises. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises in good condition and state of repair, except for any “punch list” type items as to which Tenant notifies Landlord in writing within thirty (30) days of taking possession. 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 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 of Exhibit B. Notwithstanding the foregoing, within five (5) business days after the Substantial Completion (as such term is defined in Exhibit B hereto) costs of the Tenant Improvements representatives of Landlord and Tenant shall make a joint inspection of the Tenant Improvements and the results of such inspection shall be set forth in a written list specifying the incomplete items as well as those items for which corrections need to be made (the “Punchlist Items”). Landlord and Tenant shall promptly (by no later than three (3) business days thereafter) and in good faith approve the 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 written list of Punchlist Items. Upon completion of the Punchlist Items to Tenant’s reasonable satisfaction Tenant shall promptly notify Landlord in writing that such items have been completed to Tenant’s reasonable satisfactionImprovements.

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 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 (ii“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) that except as expressly 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, subject to punch list items, latent defects and Landlord’s obligations in the last sentence of this Lease, Section 5. 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 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 of Exhibit B. Notwithstanding the foregoing, within five (5) business days after the Substantial Completion (as such term is defined in Exhibit B hereto) costs of the Tenant Improvements representatives of Landlord and Tenant shall make a joint inspection of Improvements. During the Tenant Improvements and the results of such inspection shall be set forth in a written list specifying the incomplete items as well as those items for which corrections need to be made (the “Punchlist Items”). Landlord and Tenant shall promptly (by no later than first three (3) business days thereafter) and in good faith approve months of the written list Lease, Landlord shall, within a reasonable time after receipt of Punchlist Items. notice from Tenant, remedy any failure of the Building or Premises to comply with the following at Landlord, at its ’s sole cost and expense: (i) the lighting, shall use commercially reasonable efforts to cause electrical, mechanical, HVAC, plumbing, sewer, elevator and other systems serving the Punchlist Items to Premises and the Building will be completed and/or correctedin good operating condition and repair, as applicable(iii) the landscaping and parking lot will be in good condition and repair, within thirty and (30iii) days following the approval by Landlord and Tenant roof of the written list of Punchlist Items. Upon completion of the Punchlist Items to Tenant’s reasonable satisfaction Tenant shall promptly notify Landlord Building will be in writing that such items have been completed to Tenant’s reasonable satisfactiongood condition and watertight.

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, except as otherwise set forth in Exhibit B hereto hereto. The Tenant Improvements (defined in Exhibit B) shall be installed in accordance with the terms, conditions, criteria and (ii) that except as expressly provisions set forth in this LeaseExhibit B. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises in good condition and state of repair. Tenant expressly acknowledges and 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 and provisions of Exhibit B. Notwithstanding the foregoing, within five (5) business days after the Substantial Completion (as such term is defined in Exhibit B hereto) costs of the Tenant Improvements representatives Improvements. Landlord shall cause the existing plumbing, electrical systems, fire sprinkler system, lighting, HVAC and 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 Landlord and Tenant shall make a joint inspection this Lease. Except as otherwise provided in this Lease, 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 Improvements setting forth with specificity the nature and the results extent of such inspection shall be set forth in a written list specifying the incomplete items as well as those items for which corrections need to be made (the “Punchlist Items”). Landlord and Tenant shall promptly (by no later than three (3) business days thereafter) and in good faith approve the written list of Punchlist Items. Landlord, at its sole cost and expensenon-compliance, shall use commercially reasonable efforts rectify such non-compliance at no expense to cause the Punchlist Items to be completed and/or corrected, as applicable, Tenant. If Tenant does not give Landlord written notice of a non-compliance within thirty (30) days following after the approval by Commencement Date of this Lease (except for HVAC non-compliance, in which 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 written list Building Components. Tenant shall have the benefit of Punchlist Items. Upon completion any warranties on the Building Components that are in effect as of the Punchlist Items to Tenant’s reasonable satisfaction Tenant shall promptly notify Landlord in writing that such items have been completed to Tenant’s reasonable satisfactionCommencement Date of the Lease.