Condition of Sublease Premises. Sublessee accepts the Sublease Premises in its present “as-is” condition, provided, however, Sublessor hereby represents and warrants to Sublessee that (a) the Master Lease is in full force and effect, and neither Sublessor or Master Lessor are in breach or default thereunder; (b) Sublessor is not aware of any encumbrances, liens, agreements, or covenants in effect that would materially or unreasonably limit Sublessee’s rights hereunder; (c) to the actual knowledge of Xxx Xxxxxxxxxx, the Vice President of Finance of Sublessor, without any duty to investigate, Sublessor is unaware of any impending condemnation plans, proposed assessments or other adverse conditions relating to the Subleased Premises or the Building, and (d) to the actual knowledge of Xxx Xxxxxxxxxx, the Vice President of Finance of Sublessor, without any duty to investigate, Sublessor is unaware of any existing violations at the Building of any Hazardous Materials Laws (as defined in the Master Lease). Subject to the foregoing representations and warranties by Sublessor, Sublessee shall be deemed to have agreed by accepting occupancy that the Sublease Premises are in good order, condition and repair. With the exception of the items Sublessor is obligated to maintain pursuant to Section 15 below, Sublessee, at Sublessee’s own expense, shall keep the interior of the Sublease Premises in good order, condition, and repair, including all fixtures and equipment installed by Sublessee, ordinary wear and tear and damage caused by casualty or condemnation excepted.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement (Spectrum Pharmaceuticals Inc)
Condition of Sublease Premises. Sublessee accepts the Sublease Premises in its present “as-is” condition, provided, however, Sublessor hereby represents and warrants to Sublessee that (a) the Master Lease is in full force and effect, and neither Sublessor or Master Lessor are in breach or default thereunder; (b) Sublessor is not aware of any encumbrances, liens, agreements, or covenants in effect that would materially or unreasonably limit Sublessee’s rights hereunder; (c) to the actual knowledge of Xxx Xxxxxxxxxx, the Vice President of Finance of Sublessor, without any duty to investigate, Sublessor is unaware of any impending condemnation plans, proposed assessments or other adverse conditions relating to the Subleased Premises or the Building, and (d) to the actual knowledge of Xxx Xxxxxxxxxx, the Vice President of Finance of Sublessor, without any duty to investigate, Sublessor is unaware of any existing violations at the Building of any Hazardous Materials Laws (as defined in the Master Lease). Subject to the foregoing representations and warranties by Sublessor, Sublessee shall be deemed to have agreed by accepting occupancy that the Sublease Premises are in good order, condition and repair. With the exception of the items Sublessor is obligated to maintain pursuant to Section 15 below, Sublessee, at Sublessee’s own expense, shall keep the interior deliver possession of the Sublease Premises to Sublessee on the Commencement Date (a) in compliance with all applicable laws, (b) improved with substantially the same quality of tenant improvements as existsin the Premises (c) with data and fiber cabling exclusively serving the Sublease Premises installed and functional in and from the 3rd floor IDF room closest to the Sublease Premises and stubbed to the Sublease Premises, (d) with all systems serving the Sublease Premises, including, without limitation, plumbing, lighting, heating, ventilating, air conditioning, gas, electrical, and plumbing systems, in good order, operating condition, and repair(e) otherwise in broom clean condition (collectively, including “Delivery Condition”). In the event that Sublessee notifies Sublessor that any of the obligations of Sublessor with respect to the Delivery Condition were not performed, then it shall be the obligation of Sublessor to promptly correct the same at its sole cost and expense. Subject only to the foregoing, and having made such inspection of the Premises as it deemed prudent, Sublessee hereby accepts the Premises in their condition existing as of the date of delivery, “AS-IS” and “WITH ALL FAULTS” and subject to all fixtures applicable zoning, municipal, county and equipment installed state laws, ordinances and regulations governing and regulating the use and condition of the Premises, and any covenants or restrictions, liens, encumbrances and title exceptions of record, and accepts this Sublease subject thereto. Except as otherwise expressly provided in this Sublease as to the condition of the Premises, Sublessee acknowledges that neither Sublessor nor any agent of Sublessor has made any representation or warranty as to the present or future suitability of the Premises or the Project for the conduct of Sublessee’s business. On the expiration or sooner termination of this Sublease, Sublessee shall remove from the Sublease Premises all of its furniture and other personal property and shall surrender the Sublease Premises to Sublessor in the same condition as received by Sublessee, ordinary Sublessee (reasonable wear and tear excepted). Sublessor shall also remove any signage it has installed and shall repair any damage caused by casualty such signage or condemnation exceptedits removal and restore the surface underneath and around such signs to the condition existing prior to installation thereof.
Appears in 1 contract
Samples: C3.ai, Inc.
Condition of Sublease Premises. Sublessor shall deliver the Premises to Sublessee accepts the Sublease Premises "broom clean" and in its present “"as-is” condition" condition except that Sublessor shall repair any significant damage to walls or carpet. Sublessor's furniture and furniture systems on the 33rd and 32nd floors together with the phone and data cabling shall remain the property of Sublessor during the Sublease Term, provided, however, Sublessor hereby represents and warrants to but may be used by Sublessee that (a) during the Master Lease is in full force and effectentire Sublease Term without charge. Upon the expiration or earlier termination of the Sublease Term, and neither Sublessor or Master Lessor are in breach or default thereunder; provided there then exists no Sublease Default (b) Sublessor is not aware of any encumbrances, liens, agreements, or covenants in effect that would materially or unreasonably limit Sublessee’s rights hereunder; (c) to the actual knowledge of Xxx Xxxxxxxxxx, the Vice President of Finance of Sublessor, without any duty to investigate, Sublessor is unaware of any impending condemnation plans, proposed assessments or other adverse conditions relating to the Subleased Premises or the Building, and (d) to the actual knowledge of Xxx Xxxxxxxxxx, the Vice President of Finance of Sublessor, without any duty to investigate, Sublessor is unaware of any existing violations at the Building of any Hazardous Materials Laws (as defined in the Master Leasebelow). Subject to the foregoing representations and warranties by Sublessor, Sublessee shall have the right to purchase the furniture and furniture systems from Sublessor for a price of $1.00 and shall be deemed to have agreed by accepting occupancy that the Sublease Premises are in good order, condition and repair. With the exception owner of the items Sublessor is obligated to maintain pursuant to Section 15 below, Sublessee, at Sublessee’s own expense, shall keep the interior phone and data cabling. A list of the Sublease Premises in good orderfurniture and furniture systems is attached as Exhibit D. EXCEPT AS STATED ABOVE IN THIS SECTION 10. SUBLESSEE ACKNOWLEDGES THAT THE PREMISES WILL OTHERWISE BE DELIVERED TO SUBLESSEE IN THEIR "AS-IS" CONDITION, conditionWITH ALL FAULTS, and repair, including all fixtures and equipment installed by Sublessee, ordinary wear and tear and damage caused by casualty or condemnation exceptedAND SUBLESSOR SHALL HAVE NO LIABILITY TO SUBLESSEE AS TO THE CONDITION OF THE PREMISES OR OBLIGATION FOR THE PERFORMANCE OF ANY REPAIR OR MAINTENANCE THERETO. THE TAKING OF POSSESSION OF THE PREMISES BY SUBLESSEE SHALL BE DEEMED ACCEPTANCE BY SUBLESSEE OF THE PREMISES AND ACKNOWLEDGMENT THAT THE PREMISES ARE IN SATISFACTORY CONDITION ON THE DATE OF SUCH TAKING OF POSSESSION.
Appears in 1 contract
Condition of Sublease Premises. Sublessee (i) Subtenant acknowledges that it has inspected the Sublease Premises and all the equipment, apparatus, plumbing, heating, air conditioning, electric, water, waste disposal and other systems relating thereto and the parking lot and the other Common Area of the Property, engaged such professionals and inspectors as Subtenant deems prudent with respect to the same, and reviewed and approved the reports prepared by such professionals and inspectors. Consequently, Subtenant accepts the Sublease Premises and all the equipment, apparatus, plumbing, heating, air conditioning, electric, water, waste disposal and other systems relating thereto and the parking lot and the other Common Area of the Property in its present their “as-isAS IS, WITH ALL FAULTS” conditioncondition existing as of the Sublease Effective Date, provided, however, Sublessor hereby represents and warrants but subject to Sublessee that (a) Sublandlord’s provision of the Master Lease is in full force and effect, and neither Sublessor or Master Lessor are in breach or default thereunder; (b) Sublessor is not aware of any encumbrances, liens, agreements, or covenants in effect that would materially or unreasonably limit Sublessee’s rights hereunder; (c) to the actual knowledge of Xxx Xxxxxxxxxx, the Vice President of Finance of Sublessor, without any duty to investigate, Sublessor is unaware of any impending condemnation plans, proposed assessments or other adverse conditions relating to the Subleased Premises or the Building, and (d) to the actual knowledge of Xxx Xxxxxxxxxx, the Vice President of Finance of Sublessor, without any duty to investigate, Sublessor is unaware of any existing violations at the Building of any Hazardous Materials Laws (Sublandlord Improvements as defined in the Master Leasesubsection 9(a)(ii), below. Subject Except to the foregoing representations and warranties by Sublessorextent set forth in subsection 9(a)(ii), Sublessee below, Sublandlord shall be deemed have no obligation to have agreed by accepting occupancy that perform any alterations, work or repairs (including, without limitation, any electrical work or other work necessary to make the Sublease Premises are comply with any Applicable Laws (hereafter defined)) or pay any sums to Subtenant or any other party in good order, order to prepare the Sublease Premises for Subtenant’s occupancy thereof. Subtenant acknowledges that no representations with respect to the condition and repair. With the exception of the items Sublessor is obligated to maintain pursuant to Section 15 below, Sublessee, at Sublessee’s own expense, shall keep the interior of the Sublease Premises, or with respect to the condition of any fixtures, equipment, furnishings, installations, or systems therein contained or otherwise connected thereto, have been made to Subtenant by Sublandlord or any other party. Further, Subtenant accepts and approves the manner in which Prime Landlord has maintained and repaired the Sublease Premises in good order, condition, and repair, including all fixtures and equipment installed by Sublessee, ordinary wear and tear and damage caused by casualty or condemnation exceptedCommon Area of the Property as of the Sublease Effective Date.
Appears in 1 contract
Samples: Sublease Agreement