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.
(a) Tenant retains the Reduced Premises in “as is” condition and acknowledges that no representation regarding the condition of the Remaining Premises or the Building has been made by or on behalf of Landlord or relied upon by Tenant.
(b) Notwithstanding the provisions of subsection (a) above, and subject to the cost sharing for the Studio (defined in subsection (c) below) as provided in said subsection (c), Landlord will recarpet, paint, and build a 22’ x 31’ break room with sink and 12’ linear feet of upper and lower base cabinets in the Remaining Premises utilizing Landlord’s building standard methods and materials. Landlord shall be responsible for the cost to demise the Relinquished Premises from the Remaining Premises. As part of its carpet installation, Landlord acknowledges that it shall be responsible for the cost to breakdown and reassemble the furniture systems within the Remaining Premises, including reconnection of all cabling and electrical systems. Landlord shall have access to the Premises to perform the construction contemplated by this Amendment from and after the date hereof.
(c) The parties acknowledge that the renovation of the Remaining Premises will include a new sound studio (the “Studio”) to be constructed by Landlord, subject to partial reimbursement of the costs thereof as provided herein. Tenant shall, at Tenant’s expense, hire a sound engineer reasonably satisfactory to Landlord to produce fully engineered drawings for the Studio, which shall be submitted to Landlord for approval pursuant to Section 9.01 of the Lease. Notwithstanding Section 21.25 of the Lease as added by Section 16 of this Amendment, Tenant shall not be required to reimburse Landlord for its costs in reviewing such plans. Landlord agrees to pay $35,000 toward the construction of a new Sound Studio. Tenant shall pay the cost of the Studio in excess of said amount after completion of the Studio and within twenty (20) days of receipt of an invoice for such costs.
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 located on the tenth (10th) floor from the Floor 10 Space only within a reasonable time following the Floor 10 Reduction Date, if necessary.
Condition of Remaining Premises. Tenant is in possession of the Remaining Premises and, except for Landlord’s obligation to perform Landlord’s Work, as hereinafter defined, and provide the Cash Allowance, as hereinafter defined, Tenant accepts the same “as is” without any agreement, representation, understanding or obligation on the part of Landlord to perform any alterations, repairs or improvements to prepare the Remaining Premises for Tenant’s occupancy and without any representation or warranty by Landlord to Tenant as to the condition of the Premises or the Building. Tenant hereby acknowledges that the Premises is in good order and satisfactory condition. Landlord shall ensure that, as of the Execution Date, the heating, ventilation and air-conditioning system serving the Remaining Premises shall be in good working order. Nothing contained herein shall affect Landlord’s maintenance and repair obligations set forth in the Lease.
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.
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. 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.
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. 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 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 as may be expressly provided otherwise in this Amendment. Tenant hereby acknowledges and agrees that, effective as of the date hereof, Tenant is not entitled to the Additional Premises Maximum Amount (as defined in Exhibit B to the Original Lease) or any portion thereof, and such Additional Premises Maximum Amount has been, in effect, credited to Tenant as reflected in the calculation of the consideration owed by Tenant pursuant to the terms of Section 4 above.
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.
