Common use of Condition of Premises; Warranty Clause in Contracts

Condition of Premises; Warranty. Subject to this paragraph, Landlord shall provide, and Tenant shall accept the Existing and New Premises in their AS-IS condition, including paint and carpets, with all faults, latent and patent. Landlord warrants that (1) when possession of the New Premises is delivered to Tenant, and (2) on April 1, 2007 in the case of the Existing Premises, the HVAC, roof membrane, electrical and plumbing systems will be in operating condition; provided, that such warranty shall apply only to any defects in such condition which is brought to Landlord’s attention in writing by May 1, 2007 in the case of the Existing Premises and within thirty (30) days after the New Premises Commencement Date, except as to the roof membrane which is within nine (9) months after the New Premises Commencement Date, and provided further, that Tenant’s sole remedy for any breach of this warranty of which Landlord has been timely notified shall be to require Landlord to repair the systems and equipment to bring it to a state of good working condition. Landlord agrees to power wash the outside of the building at the Existing Premises, and to paint areas that have noticeable stains that cannot be removed by power washing. Landlord agrees to demise the space as set forth in Exhibit A, and to extend the existing phone, data, vacuum, compressor, air, and nitrogen lines and connections between the Existing Premise and the Building in which the New Premises are located to a connection point to be designated by Tenant.

Condition of Premises; Warranty. Subject to this paragraphTenant has been occupying the Existing Premises, Landlord shall provide, is familiar with the condition thereof and accepts the Existing Premises in its “AS IS” state and condition. Tenant shall accept the Existing 4th Floor Space and New Premises the 6th Floor Space in their AS-IS condition“AS IS” state (except as expressly provided in this Amendment) and broom clean condition as of the 4th Floor Space Commencement Date and the 6th Floor Commencement Date, including paint as the case may be, and carpetsLandlord shall have no obligation to make any improvements or renovations in or to the Existing Premises and/or the Expansion Space or to otherwise prepare the same for Tenant’s use and occupancy except as expressly set forth in this Amendment. Unless indicated otherwise by Tenant by written notice to Landlord, with all faultsany remaining furniture and personal property abandoned by any prior tenants shall be removed from the Expansion Space by Landlord at Landlord’s sole cost prior to delivery of the Expansion Space to Tenant. Notwithstanding the foregoing, latent and patent. Landlord warrants that for twelve (112) when possession of months following the New Premises is delivered to Tenant4th Floor Space Commencement Date and the 6th Floor Space Commencement Date, and (2) on April 1, 2007 in as the case of the Existing Premisesmay be (each, a “Warranty Period”), the HVAC, roof membranemechanical, electrical and plumbing systems will located in and serving the 4th Floor Space and the 6th Floor Space, as the case may be, shall be in operating condition; providedgood working order, that condition and repair. Landlord shall repair any defective or malfunctioning component of such warranty shall apply only to any defects in such condition which is brought to Landlord’s attention in writing by May 1, 2007 in the case of the Existing Premises and within thirty (30) days after the New Premises Commencement Date, except as to the roof membrane which is within nine (9) months after the New Premises Commencement Date, and provided further, that Tenant’s sole remedy for any breach of this warranty systems of which Landlord has been timely notified shall be to require Landlord to repair received written notice from Tenant describing the systems and equipment to bring it to a state of good working condition. Landlord agrees to power wash failure or malfunction within the outside of the building at the Existing Premises, and to paint areas that have noticeable stains that cannot be removed by power washing. Landlord agrees to demise the space as set forth in Exhibit A, and to extend the existing phone, data, vacuum, compressor, air, and nitrogen lines and connections between the Existing Premise and the Building in which the New Premises are located to a connection point to be designated by Tenantapplicable Warranty Period.

Condition of Premises; Warranty. Subject Tenant acknowledges that the Premises need certain repair work (the "Repair Work") described on Exhibit "B" attached hereto and incorporated herein by this reference and Tenant agrees to perform at its sole cost and expense the Repair Work on or prior to June 30, 1996. Tenant acknowledges that it has been in possession of the Premises prior to the commencement of this paragraphLease, and accepts the Premises and the improvements that are currently located in, on and about the Premises in a strictly "AS IS" condition, despite the need to complete the Repair Work, provided that, Landlord shall provide, repair and Tenant maintain the Building's roof and skylights located thereon (hereinafter "Landlord's Work"). Landlord's contractors shall accept the Existing and New Premises in their AS-IS condition, including paint and carpets, with all faults, latent and patent. Landlord warrants that (1) when possession of the New Premises is delivered to Tenant, and (2) on April 1, 2007 in the case of the Existing Premises, the HVAC, roof membrane, electrical and plumbing systems will be in operating condition; provided, that such warranty shall apply only to any defects in such condition which is brought to commence Landlord’s attention in writing by May 1, 2007 in the case of the Existing Premises and 's Work within thirty (30) days after of the New Premises Commencement Date, except as Execution Date and such work shall be performed in a good workmanlike manner and Tenant shall permit Landlord's contractors with reasonable access to the roof membrane which is within nine (9) months after Premises to conduct Landlord's Work. Landlord shall use reasonable efforts to minimize inconvenience to Tenant and shall reasonably schedule Landlord's Work with Tenant. Exclusive of the New Repair Work and Landlord's Work, Tenant hereby acknowledges that it has conducted an inspection of the Premises Commencement Dateand has found the Premises and all systems on the Premises to be in good operating condition, including without limitation the heating, air-conditioning, plumbing and electrical systems. In no event shall Landlord be obligated to make any repairs to the Premises or improvements, including the air-conditioning system, and any and all repairs or replacements shall be at the sole cost and expense of Tenant, provided furtherthat, that Landlord shall be responsible for the maintenance and repair of Landlord's Work. Except for Landlord's Work, Tenant’s sole remedy for 's taking possession of the Premises constitutes an acceptance of the Premises and constitutes a waiver of any breach of this warranty of which any defect in regard to workmanship or material of the Premises and other improvements that are a part of the Premises. Landlord has been timely notified shall have no obligation to maintain or repair the Premises nor any of the leasehold improvements currently and/or subsequently located in and about the Premises, provided that, Landlord shall be to require Landlord to responsible for the maintenance and repair the systems and equipment to bring it to a state of good working condition. Landlord agrees to power wash the outside of the building at the Existing Premises, and to paint areas that have noticeable stains that cannot be removed by power washing. Landlord agrees to demise the space as set forth in Exhibit A, and to extend the existing phone, data, vacuum, compressor, air, and nitrogen lines and connections between the Existing Premise and the Building in which the New Premises are located to a connection point to be designated by TenantLandlord's Work.