Condition of Tenant Space. Tenant has inspected the Datacenter and the Tenant Space and, subject to Landlord’s completion of the Commencement Date Conditions, Tenant accepts the Tenant Space in its “AS IS, WHERE IS” condition. Tenant acknowledges and agrees that (i) except as specifically set forth herein, no representation or warranty (express or implied) has been made by Landlord as to the condition of the Property, the Building, the Datacenter or the Tenant Space or their suitability or fitness for the conduct of the Permitted Use, its business or for any other purpose, and (ii) except as specifically set forth herein (including the requirement for Landlord to perform the Commencement Date Conditions), Landlord shall have no obligation to construct or install any improvements in or to make any other alterations or modifications to the Property, Building or the Tenant Space.
Condition of Tenant Space. Tenant has inspected the Datacenter and the Tenant Space and, subject to Landlord’s completion of the Commencement Date Conditions, Tenant agrees to accept (a) Premises-A and the Pathway in their “AS IS, WHERE IS” condition on the Commencement Date, and (b) Premises-B in its “AS IS, WHERE IS” condition on the Phase II Expansion Date. Tenant acknowledges and agrees that (i) except as specifically set forth herein, no representation or warranty (express or implied) has been made by Landlord as to the condition of the Property, the Building, the Datacenter or the Tenant Space or their suitability or fitness for the conduct of the Permitted Use, its business or for any other purpose, and (ii) except as specifically set forth herein, Landlord shall have no obligation to construct or install any improvements in or to make any other alterations or modifications to the Property, Building or the Tenant Space.
Condition of Tenant Space. Tenant has inspected the Tenant Space and accepts the Tenant Space in its “AS IS, WHERE IS” condition. Tenant acknowledges and agrees that (i) except as specifically set forth herein, no representation or warranty (express or implied) has been made by Landlord as to the condition of the Property, the Building or the Tenant Space or their suitability or fitness for the conduct of the Permitted Use, its business or for any other purpose, and (ii) except as specifically set forth herein, Landlord shall have no obligation to construct or install any improvements in or to make any other alterations or modifications to the Property, Building or the Tenant Space.
Condition of Tenant Space. Tenant has inspected the Tenant Space and, subject to Landlord’s completion of Landlord’s Commencement Date Conditions, Tenant accepts the Tenant Space in its “AS IS, WHERE IS” condition. Tenant acknowledges and agrees that (i) no representation or warranty (express or implied) has been made by Landlord as to the condition of the Property, the Building or the Tenant Space or their suitability or fitness for the conduct of Tenant’s Permitted Use, its business or for any other purpose and (ii) except as specifically set forth herein (including, without limitation, Landlord’s Commencement Date Conditions), Landlord shall have no obligation to construct or install any improvements in or to make any other alterations or modifications to the Tenant Space. The taking of possession of the Tenant Space by Tenant shall conclusively establish that the Tenant Space and the Building were at such time in good order and clean condition.
Condition of Tenant Space. Except as otherwise expressly provided herein, Tenant accepts the Tenant Space in its “AS IS, WHERE IS” condition on the Commencement Date, subject to (i) Landlord's obligations regarding the Commencement Date Conditions and (ii) Landlord's repair obligations under Section 8.1 below. Tenant acknowledges and agrees that (y) except as specifically set forth herein, no representation or warranty (express or implied) has been made by Landlord as to the condition of the Property, the Building or the Tenant Space or their suitability or fitness for the conduct of the Permitted Use, its business or for any other purpose, and (z) except as specifically set forth herein, Landlord shall have no obligation to construct or install any improvements in or to make any other alterations or modifications to the Property, Building or the Tenant Space. Notwithstanding anything to the contrary contained herein, Landlord covenants to Tenant that, as of the Commencement Date, the following items will have been completed, obtained and/or will be true, as applicable, with respect to the Tenant Space: (A) the Infrastructure for the applicable Premises shall include the items (identified to the applicable Premises) set forth on Exhibit “I”, attached hereto and made a part hereof; (B) the Infrastructure of each Premises and the remainder of the Tenant Space shall be in good working order, condition and repair; (C) the Tenant Space, including the Infrastructure, shall be in compliance with Applicable Laws; and (D) a certificate of occupancy and/or any other required occupancy and/or use permits will have been issued by all applicable governmental authorities for the Tenant Space. In the event of a breach of any of the foregoing representations, warranties and/or covenants, Landlord shall, promptly (but in no event more than ten (10) days) after receipt of written notice thereof and at its sole cost and expense, cause any such non-compliant aspect of the applicable Tenant Space to become compliant; unless more than ten (10) days is reasonably necessary to remedy the same, in which case Landlord must commence the remedy within such ten (10) day period and thereafter diligently and in good faith pursue the completion thereof.
Condition of Tenant Space. Tenant has inspected the Building and the Tenant Space and accepts the Tenant Space in its then-current condition on an “AS-IS, WHERE IS” basis, except as otherwise expressly set forth in this Lease. Landlord shall have no obligation to construct or install any improvements in (or on), or to make any other alterations or modifications to, the Tenant Space, except as otherwise expressly set forth in this Lease. Tenant acknowledges and agrees that, except as specifically set forth in this Lease, no representation or warranty (express or implied) has been made by Landlord as to the condition of the Land for the conduct of the Permitted Use, Tenant’s business or for any other purpose.
Condition of Tenant Space. Tenant has inspected the Datacenter and the Tenant Space and, subject to Landlord’s completion of Landlord’s Installations, Tenant accepts the Tenant Space in its “AS IS, WHERE IS” condition. Tenant acknowledges and agrees that (i) no representation or warranty (express or implied) has been made by Landlord as to the condition of the Property, the Building, the Datacenter or the Tenant Space or their suitability or fitness for the conduct of Tenant’s Permitted Use, its business or for any other purpose, except as expressly provided herein, and (ii) except as specifically set forth herein, Landlord shall have no obligation to construct or install any improvements in or to make any other alterations or modifications to the Tenant Space. Upon the completion of the Commencement Date Conditions, the taking of possession of the Tenant Space by Tenant (i.e. Tenant is not considered to be “in possession of the Tenant Space” during any period of Early Access (defined below)) shall conclusively establish that the Tenant Space was at such time in good order and clean condition.
Condition of Tenant Space. Tenant has inspected the Land and, upon delivery of the Tenant Space with Landlord’s Work Substantially Completed which shall be effected by delivery of the Tenant Fixturing Notice by Landlord, Tenant shall be deemed to have accepted the Tenant Space in its then-current condition on an “AS-IS, WHERE IS” basis, except as otherwise expressly set forth in Exhibit E of this Lease. Landlord shall have no obligation to construct or install any improvements in (or on), or to make any other alterations or modifications to, the Tenant Space, except as otherwise expressly set forth in Exhibit E of this Lease. Tenant acknowledges and agrees that no representation or warranty (express or implied) has been made by Landlord as to the condition of the Land, or the suitability or fitness of the planned Tenant’s Work for the conduct of the Permitted Use, Tenant’s business or for any other purpose.
Condition of Tenant Space. Tenant has inspected the Datacenter and the Tenant Space and accepts them in their “AS IS, WHERE IS” condition. Tenant acknowledges and agrees that (i) no representation or warranty (express or implied) has been made by Landlord as to the condition of the Property, the Building, or the Tenant Space or their suitability or fitness for the conduct of Tenant’s Permitted Use, its business or for any other purpose and (ii) except as specifically set forth herein, Landlord shall have no obligation to construct or install any improvements in or to make any other alterations or modifications to the Tenant Space. The taking of possession of the Tenant Space by Tenant shall conclusively establish that the Tenant Space and the Building were at such time in good order and clean condition.
Condition of Tenant Space. Landlord hereby agrees that the systems reflected in the Premises Specifications attached hereto as Exhibit “D” (i) are and shall remain dedicated solely to the Premises, or (ii) in the case of shared system power, back-up power or HVAC systems, the kilowatts of power, kilowatts of back-up power, or tons of cooling specified on Exhibit “D” will be supplied to the Premises on a dedicated basis. Tenant has inspected the Tenant Space and accepts it in its “AS IS, WHERE IS” condition. Tenant acknowledges and agrees that (i) no representation or warranty (express or implied) has been made by Landlord as to the condition of the Property, the Building or the Tenant Space or their suitability or fitness for the conduct of Tenant’s Permitted Use, its business or for any other purpose and (ii) except as specifically set forth in this Lease, Landlord shall have no obligation to construct or install any improvements in or to make any other alterations or modifications to the Tenant Space. The taking of possession of the Tenant Space by Tenant shall conclusively establish that the Tenant Space and the Building were at such time in good order and clean condition. Notwithstanding the foregoing, the provisions of this Section 1.2 shall not operate to waive or modify Landlord’s obligation to provide the systems and capacities specified in the Premises Specifications.
