Common use of Condition of Space Clause in Contracts

Condition of Space. (a) Tenant currently occupies the Existing Premises and is familiar with the condition thereof and of the common facilities. Except as expressly provided below, Tenant is leasing the Expansion Space in its current AS IS condition, without any representation or warranty by Landlord. Tenant has had an opportunity to inspect the Expansion Space and is fully aware of the condition of the Expansion Space and has detennined that the same is suitable for Tenant's continued business operations. Notwithstanding the foregoing, Landlord agrees that on the Expansion Date (as defined below), the Building systems that serve (b) The "Expansion Date" will be the later to occur of (i) March l, 2017, or (ii) the date on which Landlord tenders exclusive possession of the Expansion Space to Tenant, (1) free and clear of all tenants and other occupants, (2) broom clean, vacant and with all personal property of any other tenant or occupancy removed, and (3) otherwise in the condition described in Section 3(a) above. From and after the Expansion Date, the Expansion Space shall be part of the Premises for the then-remaining Term of the Lease. Landlord agrees not to extend or renew the lease of the Prior Tenant beyond the Prior Tenant Expiration Date, and Landlord shall use commercially reasonable efforts (which may include the filing and prosecution of a summary process action) to recover possession of the Expansion Space following the Prior Tenant Expiration Date (the "Landlord Action"). Notwithstanding the foregoing, (x) in the event that the Expansion Date does not occur by March I , 2017, then Tenant shall be entitled to a rent credit equal to one-half (V2) day's Basic Rent for the Expansion Space for each day after March 1, 2017 until April 30, 2017 that the Expansion Date does not occur; and (y) in the event that the Expansion Date does not occur on or before May l, 2017, then Tenant shall be entitled to a rent credit equal to one (l) day's Basic Rent for the Expansion Space for each day after May l, 2017 and until the Expansion Date or the date of termination of the Amendment that the Expansion Date does not occur; and (z) if the Expansion Date does not occur on or before to June 30, 2017 (as the same may be extended, the "Outside Date"), then Tenant may elect to terminate this Amendment by a written termination notice to Landlord, which notice shall be given (if at all) prior to the Expansion Date and no later than seven days after the Outside Date, as the same may have been extended (time being of the essence). If Landlord has commenced eviction proceedings against the Prior Tenant, the Outside Date shall extended for up to 180 days after the date on which Landlord commenced eviction proceedings (but in any event, Tenant may not exercise such termination right after the Expansion Date). Each of the foregoing delivery deadlines shall be extended for any period of time during which Landlord is prevented from tendering possession by reason of force majeure (which shall not include any holdover by the Prior Tenant) or by any act or omission of Tenant. If Tenant gives such a termination notice and the Expansion Date does not occur on or before the thirtieth (301h) day after Landlord receives such termination notice, then this Amendment will terminate and neither party shall have any further liability or obligation to the other party with respect to the Expansion Space. If the Expansion Date does occur on or before such thirtieth (301h) day, then such termination notice shall be void and without force or effect and Tenant shall have no right to terminate this Amendment pursuant to this Section 3(b). The rent abatement and termination rights described above, shall constitute Tenant's sole and exclusive remedies for Landlord's failure to so tender possession of the Expansion Space as provided in this Amendment; provided that the foregoing shall not be construed to release Landlord from its obligation to use commercially reasonable efforts to recover possession of the Expansion Space.

Condition of Space. (a) Tenant currently occupies It is further agreed that Subtenant does and will accept the Existing Premises “as is” in their present condition and is familiar Sublandlord has no obligation to perform any work therein, except to have the Premises professionally cleaned, decontaminated and decommissioned, as required before delivery of the Premises in accordance with industry practices and specifications. Sublandord shall perform all work necessary to comply with the condition thereof and requirements of all Environmental Laws to provide the Premises to Subtenant free of any Hazardous Substance (as each is defined in Section 34(A) of the common facilities. Except Prime Lease) as expressly provided below, Tenant is leasing the Expansion Space in its current AS IS condition, without any representation or warranty required by Landlord. Tenant has had an opportunity to inspect the Expansion Space and is fully aware Section 34 of the condition Prime Lease. Sublandlord shall make the laboratory improvements, the security system and infrastructure as well as the communication systems, generator, and all other equipment or personal property of Sublandlord located on the Premises as of the Expansion Space Commencement Date (the “Personal Property”) available to Subtenant at no cost throughout the Term. If Subtenant wishes to modify or alter any of the Sublandlord-owned Personal Property, including the Office Furniture (as hereinafter defined) until owned by Subtenant, any such modification or alteration shall not be made without the prior written consent of Sublandlord, which consent shall not be unreasonably withheld, conditioned or delayed. Sublandlord shall have no obligation to maintain, repair or replace the Personal Property. An itemized list of the Personal Property is attached hereto as Exhibit C. Use of the Personal Property shall at all times be subject to the terms and has detennined that conditions of their respective lease agreements. Upon the same is suitable for Tenant's continued business operations. Notwithstanding the foregoingCommencement Date, Landlord agrees that Sublandlord shall provide Subtenant with copies of all warranties on the Expansion Personal Property. Until the holder of any security agreement referenced in Section 26(h) below executes a non-disturbance agreement with Subtenant, Subtenant shall have the right to use all office furniture located in the Premises as of the Commencement Date (as defined belowthe “Office Furniture”), the Building systems that serve (b) The "Expansion Date" will be the later to occur of (i) March l, 2017, or (ii) the date on which Landlord tenders exclusive possession . Upon execution of the Expansion Space foregoing non-disturbance agreement, Sublandlord shall transfer ownership of the Office Furniture to TenantSubtenant, (1) free and clear of all tenants and other occupantsany liens, leases or encumbrances, in its ‘as-is’ condition, for One Dollar ($1.00), in accordance with a Xxxx of Sale attached to this Sublease as Exhibit D. Notwithstanding anything to the contrary contained herein, (2a) broom cleanSubtenant agrees that the cooling tower on the ground level of the rear exterior of the Premises will not convey to Subtenant, vacant is not to be used by Subtenant, and with all personal property of any other tenant or occupancy removedmay be removed by Sublandlord at such time as is convenient to Sublandlord, and (3b) otherwise in the condition described in Section 3(a) above. From and after the Expansion Date, the Expansion Space shall Sublandlord will be part permitted to store a limited amount of equipment within the Premises for the then-remaining Term of the Lease. Landlord agrees not to extend or renew the lease of the Prior Tenant beyond the Prior Tenant Expiration Date, and Landlord shall use commercially a reasonable efforts (which may include the filing and prosecution of a summary process action) to recover possession of the Expansion Space following the Prior Tenant Expiration Date (the "Landlord Action"). Notwithstanding the foregoing, (x) in the event that the Expansion Date does not occur by March I , 2017, then Tenant shall be entitled to a rent credit equal to one-half (V2) day's Basic Rent for the Expansion Space for each day after March 1, 2017 until April 30, 2017 that the Expansion Date does not occur; and (y) in the event that the Expansion Date does not occur on or before May l, 2017, then Tenant shall be entitled to a rent credit equal to one (l) day's Basic Rent for the Expansion Space for each day after May l, 2017 and until the Expansion Date or the date of termination of the Amendment that the Expansion Date does not occur; and (z) if the Expansion Date does not occur on or before to June 30, 2017 (as the same may be extended, the "Outside Date"), then Tenant may elect to terminate this Amendment by a written termination notice to Landlord, which notice shall be given (if at all) prior to the Expansion Date and no later than seven days after the Outside Date, as the same may have been extended (time being of the essence). If Landlord has commenced eviction proceedings against the Prior Tenant, the Outside Date shall extended for up to 180 days after the date on which Landlord commenced eviction proceedings (but in any event, Tenant may not exercise such termination right after the Expansion Date). Each of the foregoing delivery deadlines shall be extended for any period of time during which Landlord is prevented from tendering possession by reason of force majeure (which shall not include any holdover by after the Prior Tenant) or by any act or omission of TenantCommencement Date. If Tenant gives such a termination notice and the Expansion Date does not occur on or before the thirtieth (301h) day after Landlord receives such termination notice, then this Amendment will terminate and neither party shall have any further liability or obligation to the other party with respect to the Expansion Space. If the Expansion Date does occur on or before such thirtieth (301h) day, then such termination notice shall be void and without force or effect and Tenant Subtenant shall have no right to terminate this Amendment pursuant to this Section 3(b). The rent abatement and termination rights described above, shall constitute Tenant's sole and exclusive remedies liability for Landlord's failure to so tender possession or responsibility for the caring of the Expansion Space as provided in this Amendment; provided that the foregoing shall not be construed to release Landlord from its obligation to use commercially reasonable efforts to recover possession of the Expansion Spacesuch equipment.

Condition of Space. Sublandlord agrees to deliver possession of the Space to Subtenant on the Commencement Date in its then current condition, i.e., "AS IS" and "WITH ALL FAULTS"; provided, however, that subject to the terms of Paragraph 3 of this Sublease, Sublandlord represents that all Substantially Completed Sublandlord Work will be in good and workmanlike condition as of the date delivered to Subtenant. Sublandlord further represents to Subtenant that, to Sublandlord's actual knowledge, the heating, ventilating and air conditioning system, and the electrical, mechanical, plumbing, sewer, and life safety systems serving the Space are in good working order as of the date of this Sublease. Sublandlord and Subtenant each agree that this Sublease (atogether with the Master Lease as incorporated hereby) Tenant currently occupies constitutes the Existing Premises entire agreement of the parties hereto regarding the Space and that Sublandlord has not made and is familiar with not making any representations or warranties, nor have the parties made any understandings of any kind, pertaining to this Sublease or the Space other than as expressly set forth in this Sublease (without incorporation of the terms of the Master Lease). SUBTENANT FURTHER ACKNOWLEDGES AND AGREES THAT, EXCEPT FOR ANY REPRESENTATIONS AND WARRANTIES EXPRESSLY MADE BY SUBLANDLORD IN THIS SUBLEASE, SUBLANDLORD DOES HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SPACE AND/OR THE IMPROVEMENTS LOCATED OR TO BE LOCATED THEREIN. Subtenant acknowledges that it has investigated the Space and the physical condition thereof and to the extent it would, in Subtenant's judgment, affect or influence Subtenant's use of the common facilitiesSpace and Subtenant's willingness to enter into this Sublease. Except as expressly provided belowset forth in this Sublease, Tenant is leasing the Expansion Space in its current AS IS condition, without any representation or warranty by Landlord. Tenant has had an opportunity Subtenant hereby agrees to inspect the Expansion Space and is fully aware of the condition of the Expansion Space and has detennined that the same is suitable for Tenant's continued business operations. Notwithstanding the foregoing, Landlord agrees that on the Expansion Date (as defined below), the Building systems that serve (b) The "Expansion Date" will be the later to occur of (i) March l, 2017, or (ii) the date on which Landlord tenders exclusive accept possession of the Expansion Space to Tenant, (1) free "as is" and clear of all tenants and other occupants, (2) broom clean, vacant and "with all personal property faults" (it being understood and agreed that Sublandlord is not and shall not be required to perform work of any other tenant kind or occupancy removed, and (3) otherwise nature in connection with the condition described in Section 3(a) above. From and after the Expansion Date, the Expansion Space shall be part delivery to Subtenant of the Premises for the then-remaining Term of the Lease. Landlord agrees not to extend or renew the lease of the Prior Tenant beyond the Prior Tenant Expiration Date, and Landlord shall use commercially reasonable efforts (which may include the filing and prosecution of a summary process action) to recover possession of the Expansion Space following the Prior Tenant Expiration Date (the "Landlord Action"). Notwithstanding the foregoing, (x) in the event that the Expansion Date does not occur by March I , 2017, then Tenant shall be entitled to a rent credit equal to one-half (V2) day's Basic Rent for the Expansion Space for each day after March 1, 2017 until April 30, 2017 that the Expansion Date does not occur; and (y) in the event that the Expansion Date does not occur on or before May l, 2017, then Tenant shall be entitled to a rent credit equal to one (l) day's Basic Rent for the Expansion Space for each day after May l, 2017 and until the Expansion Date or the date of termination of the Amendment that the Expansion Date does not occur; and (z) if the Expansion Date does not occur on or before to June 30, 2017 (as the same may be extended, the "Outside Date"), then Tenant may elect to terminate this Amendment by a written termination notice to Landlord, which notice shall be given (if at all) prior to the Expansion Date and no later than seven days after the Outside Date, Space except as the same may have been extended (time being provided in Paragraph 3 of the essence). If Landlord has commenced eviction proceedings against the Prior Tenant, the Outside Date shall extended for up to 180 days after the date on which Landlord commenced eviction proceedings (but in any event, Tenant may not exercise such termination right after the Expansion Date). Each of the foregoing delivery deadlines shall be extended for any period of time during which Landlord is prevented from tendering possession by reason of force majeure (which shall not include any holdover by the Prior Tenant) or by any act or omission of Tenant. If Tenant gives such a termination notice and the Expansion Date does not occur on or before the thirtieth (301h) day after Landlord receives such termination notice, then this Amendment will terminate and neither party shall have any further liability or obligation to the other party Sublease with respect to the Expansion Space. If the Expansion Date does occur on or before such thirtieth (301h) day, then such termination notice shall be void and without force or effect and Tenant shall have no right to terminate this Amendment pursuant to this Section 3(bSublandlord Work). The rent abatement and termination rights described above, shall constitute Tenant's sole and exclusive remedies for Landlord's failure to so tender possession of the Expansion Space as provided in this Amendment; provided that the foregoing shall not be construed to release Landlord from its obligation to use commercially reasonable efforts to recover possession of the Expansion Space.

Condition of Space. (a) Tenant currently occupies It is further agreed that Subtenant does and will accept the Existing Premises “as is” in their present condition and is familiar Sublandlord has no obligation to perform any work therein, except to have the Premises professionally cleaned, decontaminated and decommissioned, as required before delivery of the Premises in accordance with industry practices and specifications. Sublandord shall perform all work necessary to comply with the condition thereof and requirements of all Environmental Laws to provide the Premises to Subtenant free of any Hazardous Substance (as each is defined in Section 34(A) of the common facilities. Except Prime Lease) as expressly provided below, Tenant is leasing the Expansion Space in its current AS IS condition, without any representation or warranty required by Landlord. Tenant has had an opportunity to inspect the Expansion Space and is fully aware Section 34 of the condition Prime Lease. Sublandlord shall make the laboratory improvements, the security system and infrastructure as well as the communication systems, generator, and all other equipment or personal property of Sublandlord located on the Premises as of the Expansion Space Commencement Date (the “Personal Property”) available to Subtenant at no cost throughout the Term. If Subtenant wishes to modify or alter any of the Sublandlord-owned Personal Property, including the Office Furniture (as hereinafter defined) until owned by Subtenant, any such modification or alteration shall not be made without the prior written consent of Sublandlord, which consent shall not be unreasonably withheld, conditioned or delayed. Sublandlord shall have no obligation to maintain, repair or replace the Personal Property. An itemized list of the Personal Property is attached hereto as Exhibit C. Use of the Personal Property shall at all times be subject to the terms and has detennined that conditions of their respective lease agreements. Upon the same is suitable for Tenant's continued business operations. Notwithstanding the foregoingCommencement Date, Landlord agrees that Sublandlord shall provide Subtenant with copies of all warranties on the Expansion Personal Property. Until the holder of any security agreement referenced in Section 26(h) below executes a non-disturbance agreement with Subtenant, Subtenant shall have the right to use all office furniture located in the Premises as of the Commencement Date (as defined belowthe “Office Furniture”), the Building systems that serve (b) The "Expansion Date" will be the later to occur of (i) March l, 2017, or (ii) the date on which Landlord tenders exclusive possession . Upon execution of the Expansion Space foregoing non-disturbance agreement, Sublandlord shall transfer ownership of the Office Furniture to TenantSubtenant, (1) free and clear of all tenants and other occupantsany liens, leases or encumbrances, in its ‘as-is’ condition, for One Dollar ($1.00), in accordance with a Bxxx of Sale attached to this Sublease as Exhibit D. Notwithstanding anything to the contrary contained herein, (2a) broom cleanSubtenant agrees that the cooling tower on the ground level of the rear exterior of the Premises will not convey to Subtenant, vacant is not to be used by Subtenant, and with all personal property of any other tenant or occupancy removedmay be removed by Sublandlord at such time as is convenient to Sublandlord, and (3b) otherwise in the condition described in Section 3(a) above. From and after the Expansion Date, the Expansion Space shall Sublandlord will be part permitted to store a limited amount of equipment within the Premises for the then-remaining Term of the Lease. Landlord agrees not to extend or renew the lease of the Prior Tenant beyond the Prior Tenant Expiration Date, and Landlord shall use commercially a reasonable efforts (which may include the filing and prosecution of a summary process action) to recover possession of the Expansion Space following the Prior Tenant Expiration Date (the "Landlord Action"). Notwithstanding the foregoing, (x) in the event that the Expansion Date does not occur by March I , 2017, then Tenant shall be entitled to a rent credit equal to one-half (V2) day's Basic Rent for the Expansion Space for each day after March 1, 2017 until April 30, 2017 that the Expansion Date does not occur; and (y) in the event that the Expansion Date does not occur on or before May l, 2017, then Tenant shall be entitled to a rent credit equal to one (l) day's Basic Rent for the Expansion Space for each day after May l, 2017 and until the Expansion Date or the date of termination of the Amendment that the Expansion Date does not occur; and (z) if the Expansion Date does not occur on or before to June 30, 2017 (as the same may be extended, the "Outside Date"), then Tenant may elect to terminate this Amendment by a written termination notice to Landlord, which notice shall be given (if at all) prior to the Expansion Date and no later than seven days after the Outside Date, as the same may have been extended (time being of the essence). If Landlord has commenced eviction proceedings against the Prior Tenant, the Outside Date shall extended for up to 180 days after the date on which Landlord commenced eviction proceedings (but in any event, Tenant may not exercise such termination right after the Expansion Date). Each of the foregoing delivery deadlines shall be extended for any period of time during which Landlord is prevented from tendering possession by reason of force majeure (which shall not include any holdover by after the Prior Tenant) or by any act or omission of TenantCommencement Date. If Tenant gives such a termination notice and the Expansion Date does not occur on or before the thirtieth (301h) day after Landlord receives such termination notice, then this Amendment will terminate and neither party shall have any further liability or obligation to the other party with respect to the Expansion Space. If the Expansion Date does occur on or before such thirtieth (301h) day, then such termination notice shall be void and without force or effect and Tenant Subtenant shall have no right to terminate this Amendment pursuant to this Section 3(b). The rent abatement and termination rights described above, shall constitute Tenant's sole and exclusive remedies liability for Landlord's failure to so tender possession or responsibility for the caring of the Expansion Space as provided in this Amendment; provided that the foregoing shall not be construed to release Landlord from its obligation to use commercially reasonable efforts to recover possession of the Expansion Spacesuch equipment.