Condition of Remaining Premises. Tenant accepts the Remaining Premises in its current condition, as-is, without recourse to Landlord. ADDITIONALLY, LANDLORD SHALL MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE LEASEHOLD IMPROVEMENTS IN THE REMAINING PREMISES. ALL IMPLIED WARRANTIES WITH RESPECT THERETO, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY NEGATED AND WAIVED. Notwithstanding the foregoing, Landlord shall be obligated to install, at its sole cost and expense, a demising wall separating the Remaining Premises from the Reduction Space within a reasonable time following the Reduction Date, if necessary.
Condition of Remaining Premises. Tenant is in possession of the Remaining Premises and agrees to accept the same "as is" without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements, except that Landlord will, upon the mutual execution and delivery of this Second Amendment, paint one conference room in the Lower Level Space using Building standard paint and commence repairing the balcony outside of the First Floor Space. Both will be completed as soon as reasonably practicable.
Condition of Remaining Premises. Allowance. Tenant accepts the Remaining Premises in its current condition, as-is (subject to Landlord's obligation to provide the Allowance (defined below) as set forth below in this Paragraph 9), without recourse to Landlord, and Landlord shall have no obligation to complete any improvements to the Expansion Space. ADDITIONALLY, LANDLORD SHALL MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE LEASEHOLD IMPROVEMENTS IN THE REMAINING PREMISES. ALL IMPLIED WARRANTIES WITH RESPECT THERETO, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY NEGATED AND WAIVED. Landlord and Tenant shall each comply with the provisions of the Exhibit E of the Lease with regard to leasehold improvements to be made to the Expansion Space.
Condition of Remaining Premises. Tenant hereby acknowledges and agrees that Tenant shall continue to accept the Remaining Premises in its currently existing, “as is” condition, subject to the terms of the Lease, and Landlord shall not be obligated to provide or pay for or perform any improvement work with respect to the Remaining Premises in connection with the surrender of the Give-Back Space.
Condition of Remaining Premises. Tenant acknowledges that except as provided in the First Amendment or this Tenant Work Letter, Tenant shall continue to accept the Remaining Premises in their existing, "as-is" condition. Except for the payment of the Tenant Improvement Allowance as provided in Section 2, below, and Landlord's Work set forth in Section 1.2 below, Landlord shall have no obligation to make or pay for any improvements to the Remaining Premises.
Condition of Remaining Premises. Landlord shall deliver the Remaining Premises to Tenant with the Landlord Work (as such terms are defined in the Work Letter attached hereto as Exhibit B (the "Work Letter") completed. Except as set forth in this Section 7 and the Work Letter, Landlord shall have no obligation to make or pay for any alterations, additions, improvement or renovations in or to the Remaining Premises and Tenant shall continue to occupy the same in their as- is condition. 8.
Condition of Remaining Premises. Tenant acknowledges that Tenant has been and is in occupancy of the Premises. Tenant is fully aware of the condition of the Premises, and therefore, Tenant shall continue to accept the Remaining Premises in its presently existing, “as is” condition, and Landlord shall not be obligated to provide or pay for any improvements or alterations to the Remaining Premises, provided that if, and only if, (i) Tenant does not exercise the Tenant Termination Right set forth in Section 2.2 above and (ii) Landlord does not exercise the Landlord Termination Right set forth in Section 2.3 above, Tenant shall receive an improvement allowance pursuant to the terms hereof. Notwithstanding the foregoing, if the Lease is not terminated, Tenant shall be entitled to a one-time tenant improvement allowance (the “Tenant Improvement Allowance”) equal to $364,160.00 (i.e., $20.00 per rentable square feet of the Premises) for the costs relating to the design and construction of Tenant’s improvements, which will consist of cosmetic upgrades, including without limitation painting and replacing floor coverings, and/or construction of improvements which are permanently affixed to the Remaining Premises (the “Tenant Improvements”). The Tenant Improvement Allowance will be disbursed in accordance with Landlord’s standard disbursement procedures, including, without limitation, following Landlord’s receipt of (i) evidence (i.e., invoices or other documentation reasonably satisfactory to Landlord) of payment for the Tenant Improvements, and (ii) fully executed, unconditional lien releases from all contractors, subcontractors, laborers, materialmen, and suppliers used by Tenant in connection with the Tenant Improvements. The Tenant Improvements shall be constructed in accordance with the terms and conditions of the Lease. In no event shall Landlord be obligated to disburse any portion of the Tenant Improvement Allowance subsequent to December 31, 2018, nor shall Landlord be obligated to disburse any amount in excess of the Tenant Improvement Allowance in connection with the construction of the Tenant Improvements. No portion of the Tenant Improvement Allowance, if any, remaining after the construction of the Tenant Improvements shall be available for use by Tenant.
Condition of Remaining Premises. Tenant accepts the Remaining Premises in its “as-is” condition and configuration. At Tenant’s sole cost and expense except as hereinbelow provided, Tenant shall have constructed so as to be substantially completed by the Reduction Date, a demising wall separating the Reduction Space from the remaining portion of the Premises located on floor 15 of the Building (the “Demising Wall”), using Building standard materials and construction methods. Tenant shall be permitted to utilize the Reimbursement Allowance (defined in Paragraph 2 of the Work Letter attached as Exhibit A to the Twenty-First Amendment) for the cost of the Demising Wall, subject to Tenant’s compliance with the applicable provisions of such Exhibit A for the disbursement thereof. Tenant acknowledges that Landlord has not undertaken to perform any modification, alteration or improvement to the Remaining Premises. TENANT WAIVES (a) ALL CLAIMS DUE TO DEFECTS IN THE REMAINING PREMISES, THE BUILDING AND/OR THE PROPERTY AND (b) ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF SUITABILITIY, HABITABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. Tenant waives the right to terminate the Lease due to the condition of the Remaining Premises, the Building or the Property.
Condition of Remaining Premises. Tenant’s retaining possession of the Remaining Premises as of the Second Extension Term Commencement Date shall be conclusive evidence that the Remaining Premises were in good order and satisfactory condition when Tenant retained possession.
Condition of Remaining Premises. Tenant Accepts The Remaining Premises In Its “As-Is” Condition. Tenant Acknowledges That Landlord Has Not Undertaken To Perform Any Modification, Alteration Or Improvement To The Remaining Premises. TENANT WAIVES (A) ANY CLAIMS DUE TO DEFECTS IN THE REMAINING PREMISES AND (B) ALL EXPRESS AND IMPLIED WARRANTIES OF SUITABILITY, HABITABILITY AND FITNESS OF THE REMAINING PREMISES FOR ANY PARTICULAR PURPOSE.
