Condition of Subleased Premises. (a) Subtenant represents that it has made or caused to be made a thorough examination and inspection of the Subleased Premises and is familiar with the condition of every part thereof. Subtenant agrees that, except as expressly provided herein, (i) it enters into this Sublease without relying upon any representations, warranties or promises by Sublandlord, its agents, representatives, employees or any other person in respect of the Building or the Subleased Premises, (ii) no rights, easements or licenses are acquired by Subtenant by implication or otherwise except as expressly set forth herein, (iii) Sublandlord shall deliver the Subleased Premises broom-clean and otherwise in the condition which Sublandlord received the Subleased Premises from Prime Lessor and Sublandlord shall have no obligation to do any work in order to make the Subleased Premises suitable and ready for occupancy and use by Subtenant, and (iv) the Subleased Premises are in satisfactory condition. Notwithstanding the foregoing, Subtenant acknowledges receipt from Prime Lessor of a decommissioning report with respect to the Subleased Premises prepared by Ramboll US Corporation and dated March 17, 2020 (the “Decommissioning Report”) and has accepted the results set forth in the Decommissioning Report. Sublandlord represents and warrants to Subtenant that Sublandlord has not physically occupied the Subleased Premises at any time, including from and after the date of the Decommissioning Report.
(b) Subtenant shall keep and maintain the Subleased Premises, the furniture, fixtures and equipment therein (including, without limitation, all laboratory-specific mechanical equipment) clean and in good order, repair and condition, except for reasonable wear and tear and damage by fire or other casualty or condemnation. To the extent agreed to by Prime Lessor, Subtenant shall be entitled to the benefit of those obligations of Prime Lessor set forth in the Prime Lease as to Prime Lessor’s obligation to maintain Building Systems.
(c) Subtenant shall make no alteration, installation, removal, addition or improvement in or to the Subleased Premises or to any other portion of the Building without the prior written consent of each of Sublandlord and, if required pursuant to the terms of the Prime Lease, Prime Lessor, and then, only in compliance fully with the terms of this Sublease and the Prime Lease. Sublandlord may withhold consent in its sole discretion to any alteration, installation, addition or im...
Condition of Subleased Premises. (a) Subtenant has thoroughly inspected and examined the Subleased Premises, has elected to sublease the Subleased Premises from Sublandlord under the terms of this Sublease on a strictly “AS IS” and “with all faults” basis, and acknowledges that Sublandlord has no obligation to make any improvements or provide any furnishings or equipment to Subtenant in connection therewith, except that Sublandlord shall provide an allowance as described in Section 7 below. Sublandlord represents and warrants to Subtenant that on the Sublease Commencement Date, all systems, fixtures, and equipment located within the Subleased Premises and/or servicing the Subleased Premises shall be in good working order. Sublandlord hereby represents and warrants to Subtenant that, to Sublandlord’s knowledge as of the date of this Sublease, without investigation, Sublandlord has not received any notices from governmental authorities that the Subleased Premises: (i) are in violation of any environmental law, (ii) are in violation of the requirements of the Americans with Disabilities Act with respect to access to the Subleased Premises, and (iii) are subject to any enforcement or correction order(s) issued by any governmental authority in connection with the generation, use, storage, treatment, or disposal of Hazardous Materials.
(b) During the Sublease Term, Subtenant shall be permitted to use the existing furniture located in the Subleased Premises, as more specifically shown on Exhibit D attached hereto (collectively, the “Furniture”) at no additional cost to Subtenant. Sublandlord makes no representation or warranty regarding the suitability of the Furniture for Subtenant’s particular use and Subtenant acknowledges that such use is strictly on an “AS IS” basis, without any representation or warranties, express or implied or statutory, of any kind whatsoever by Sublandlord and without recourse against Sublandlord. Upon the expiration of the Sublease Term, Subtenant shall surrender the Furniture to Sublandlord in the original condition received, ordinary wear and tear and damage due to casualty excepted. Subtenant acknowledges that the items listed as “Excluded Assets” on Exhibit E attached hereto will not be included in the Furniture provided to Subtenant, and shall be removed from the Subleased Premises prior to the Sublease Commencement Date.
(c) Subject to Section 6(a) above, by taking possession of the Subleased Premises, Subtenant acknowledges that the Subleased Premises are in a ...
Condition of Subleased Premises. Upon the expiration or earlier ------------------------------- termination of this Sublease, Subtenant shall return the Subleased Premises to Sublandlord in the condition required by the Lease, normal wear and tear and damage by casualty or condemnation excepted.
Condition of Subleased Premises. 8.01 Subtenant has fully inspected the Subleased Premises and agrees to accept same "as is" in its condition on the Commencement Date hereof. Sublessor shall have no obligation to perform any improvements in or about the Subleased Premises, except Sublessor's Work (as herein defined), which Landlord has approved.
8.02 Sublessor shall perform, finish, install and provide, or shall cause to be performed, finished, installed and provided in a good and workmanlike manner those items of work set forth in the Plans and Specifications which have been approved by Subtenant and are attached hereto as EXHIBIT "A" (the Sublessor's Work"). Sublessor represents that Sublessor's Work will be free from defects in material and workmanship for a period of one (1) year from the Commencement Date. Sublessor's Work will be completed such that it will be substantially in accordance with the Plans and Specifications. For purposes of this Section 8, the term "substantially in accordance" shall mean work conforming to detailed measurements contained in the Plans and Specifications coordinated to take into account the fact that all of the Plans and Specifications should be complementary, and in the joining and coordinating of such documents, ambiguities or implications may occur, and the Sublessor's Work should be deemed to fairly reflect the intended result. It is acknowledged by Subtenant (and same shall not be an objection) that (a) contractors must join, cut, correlate or complete and combine work existing either outside the scope of the Plans and Specifications or by other trades to accommodate field conditions or ambiguity in the correlation of Plans and Specifications; (b) contractors must patch, cut or join work as a result of subsequent change orders so that such Sublessor's Work shall be harmonious with the existing completed work, or so that the existing work may receive such changes; (c) changes may occur in existing work to receive equipment or materials, the specifications for which were incorrect in the original contract documents; (d) minor or desirable deviations may be necessary to cause the specific function or working parts to connect or provide the utility intended; (e) modifications, patching, blending or joining of Sublessor's Work may occur in order to accommodate field conditions not reflected in the Plans and Specifications; and (f) there may exist and be performed other work, which in accordance with good trade practices, would be required in order to ac...
Condition of Subleased Premises. Landlord makes no representations or warranties, express or implied, concerning the condition of the Subleased Premises and Subtenant accepts the Subleased Premises in their “AS-IS” condition as of the date hereof.
Condition of Subleased Premises. Subtenant shall accept possession of the Subleased Premises, and the fixtures and appurtenances therein, on the Commencement Date in its then present condition. Accordingly, Sublessor shall have no obligation what so ever to make or construct any improvements within the Subleased Premises. Subtenant shall maintain the Subleased Premises, and the fixtures and appurtenances therein, in good order, repair and condition at all times.
Condition of Subleased Premises. Sub-Sublandlord has not made any representations or promises with respect to the Subleased Premises or any matter or thing affecting or related thereto except as expressly set forth in this Sub-Sublease. Sub-Subtenant acknowledges that it has fully inspected the Subleased Premises, is subleasing the Subleased Premises substantially "as is" on the date hereof and vacant (broom clean and free of Sub-Sublandlord’s property and equipment (subject to Section 36 hereof) and rubbish), and Sub-Sublandlord is not required to perform any work or expend any monies in connection with this Sub-Sublease except as set forth herein, and acknowledges that the taking of possession of the Subleased Premises by Sub-Subtenant shall be conclusive evidence that the Subleased Premises were in good and satisfactory condition at the time such possession was so taken. All understandings and agreements heretofore made between the parties hereto are merged in this Sub-Sublease, which alone fully and completely expresses the agreement between Sub-Sublandlord and Sub-Subtenant and any executory agreement hereafter made shall be ineffective to change, modify, discharge or affect an abandonment of it in whole or in part, unless such executory agreement is in writing and signed by the party against whom enforcement of the change, modification, discharge or abandonment is sought. In making and executing this Sub-Sublease, Sub-Subtenant has relied solely on such investigations, examinations and inspections as Sub-Subtenant has chosen to make or has made. Sub-Subtenant acknowledges that Sub-Sublandlord has afforded Sub-Subtenant the opportunity for full and complete investigations, examinations, and inspections of the Subleased Premises.
Condition of Subleased Premises. 2.1. The Base Building Work to be performed by the Sublessor is shown and described on Exhibit 2 and 3 and generally consists of the Building and improvements excepting the tenant fit up. Also included in Exhibit 3 is a list of all permits, approvals, consents and licenses (collectively, the "Approvals") required for construction of the Base Building Work, including the dates upon which such Approvals are to be obtained. Sublessor represents and warrants to Sublessee that the Approvals constitute all of the permits, approvals, consents and licenses required for performance of the Base Building Work.
2.3. Sublessor shall use diligent efforts to obtain all Approvals by the dates therefor set forth in Exhibit 3 and to commence and perform the Base Building Work so as to achieve the construction milestones set forth in Exhibit 3 by the dates therefor set forth in such Exhibit. In the event Sublessor fails to obtain an Approval by the date therefor set forth in Exhibit 3, or fails to achieve a construction milestone by the date therefor set forth in Exhibit 3, then Sublessee shall have the right, exercisable by notice to Sublessor given at any time while such failure persists, to terminate this Sublease. The construction milestone dates set forth in Exhibit 3 shall be extended one day up to a maximum of 180 days for each day of delay caused by the occurrence of an event of "Force Majeure", defined as follows:
Condition of Subleased Premises. It is agreed that on the Commencement Date Sublandlord shall deliver the Subleased Premises to the Subtenant, and Subtenant will accept the Subleased Premises from Sublandlord, “as is” in its present condition and Sublandlord has no obligation to perform any work therein or contribute to the cost of any work.
Condition of Subleased Premises. Sublessee acknowledges that Sublessee is hiring the Subleased Premises in “as is” condition. In making and executing this Sublease, Sublessee has not relied upon or been induced by any statements or representations of any person with respect to the physical condition of the Subleased Premises. Sublessee has relied solely on its own investigations, examinations and inspections of the Subleased Premises.
