Condition of the Demised Premises. Tenant acknowledges receipt and delivery of complete and exclusive possession of the Demised Premises, and complete delivery of the Common Areas subject to the provisions hereof with respect to Tenant’s use and possession prior to and after the Multi-Tenant Occupancy Date, and subject to the Permitted Encumbrances and the Leases. Tenant acknowledges and confirms that for a substantial period prior to and up to and including the execution of this Master Lease, Tenant’s Parent and/or its Subsidiaries have been in continuous ownership and possession of the Demised Premises, Tenant is fully familiar therewith, and has examined and otherwise has knowledge of the condition of the Demised Premises prior to the execution and delivery of this Master Lease and has found the same to be in good order and repair and, to the best of Tenant’s knowledge, subject to the normal use and operation of SACs in the ordinary course of business, free from Hazardous Substances not in compliance with Legal Requirements and satisfactory for its purposes hereunder. Regardless, however, of any knowledge, examination or inspection made by Tenant and whether or not any patent or latent defect or condition was revealed or discovered thereby, Tenant is leasing the Demised Premises “as is,” “where is” and “with all faults” in its present condition. Tenant hereby irrevocably, unconditionally and absolutely waives and relinquishes any claim or action against Landlord whatsoever in respect of the condition of the Demised Premises, including any patent or latent defects or adverse conditions not discovered or discoverable or otherwise known or unknown by Tenant as of the Commencement Date. LANDLORD MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, IN FACT OR IN LAW, IN RESPECT OF THE DEMISED PREMISES OR ANY PART THEREOF, EITHER AS TO ITS FITNESS FOR USE, DESIGN OR CONDITION FOR ANY PARTICULAR USE OR PURPOSE OR OTHERWISE, OR AS TO THE NATURE OR QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, OR THE EXISTENCE OF ANY HAZARDOUS SUBSTANCE, IT BEING AGREED THAT ALL SUCH RISKS, KNOWN AND UNKNOWN, LATENT OR PATENT, ARE TO BE BORNE SOLELY BY TENANT, INCLUDING ALL RESPONSIBILITY AND LIABILITY FOR ANY ENVIRONMENTAL REMEDIATION AND COMPLIANCE WITH ALL ENVIRONMENTAL LAWS. THE FOREGOING SHALL NOT LIMIT ANY EXPRESS COVENANTS OR OBLIGATIONS OF LANDLORD CONTAINED ELSEWHERE IN THIS MASTER LEASE. Tenant’s Initials: Landlord’s Initials: Without limiting the foregoing, Tenant realizes and acknowledges that f...
Condition of the Demised Premises. 5.01. Landlord acknowledges that following execution of the Lease, Tenant may be required to perform certain construction ("Tenant's Initial Improvements") in the Demised Premises. Tenant, at its sole cost and expense, shall prepare complete construction drawings and specifications including architectural, mechanical, engineering, electrical and life safety drawings ("Tenant's Plans") sufficient to obtain a building permit. Tenant's Plans shall be subject to Landlord's prior written approval. Tenant shall manage the construction bidding process and engage a contractor mutually acceptable to Landlord and Tenant to perform Tenant's Initial Improvements. As an express condition precedent to construction of Tenant's Initial Improvements, Tenant shall (i) provide Landlord with a Certificate of Insurance in the amount and under the terms set forth in Article 13 hereof and shall comply with all of the insurance and indemnity provisions Set forth therein and (ii) a full payment and performance bond, issued by a surety company satisfactory to Landlord and in form and substance satisfactory to Landlord in favor of Landlord for the construction of Tenant's Initial Improvements. Landlord shall not be entitled to any construction management fee, but shall be entitled to recover from Tenant the out-of-pocket or the actual cost of architectural, engineering and legal review of Tenant's plans. Any work performed by Tenant hereunder shall comply with any and all governmental rules and regulations including, but not limited to, rules and regulations pertaining to the Americans with Disabilities Act.
5.02. Tenant has inspected the Demised Premises and accepts the same "as is" in their presently existing condition, and Landlord shall have no obligation to perform any work in order to prepare the Demised Premises for Tenant's occupancy, except that Landlord shall, on or prior to the commencement date, insure that the Demised Premises in other areas of the Building that will be used by Tenant, shall be free of asbestos containing material and other hazardous materials.
5.03. Tenant shall occupy and take possession of the Demised Premises promptly on the Commencement Date. Except as expressly provided to the contrary in this Lease, the taking of possession by Tenant of the Demised Premises shall be conclusive evidence as against Tenant that the Demised Premises and the Building were in good and satisfactory condition at the time such possession was taken.
5.04. Tenant shall have...
Condition of the Demised Premises. Xxxxxx agrees to accept the Demised Premises in its "as is" condition on the date hereof.
Condition of the Demised Premises. (a) Except as elsewhere expressly provided herein, from and after the Commencement Date, Landlord shall be under no duty or obligation to make any repairs or alterations to, or to maintain, the Demised Premises. Upon the expiration, or sooner termination of this Lease, Tenant shall deliver the Demised Premises to Landlord in good condition and repair, normal wear and tear excepted.
(b) Landlord shall be responsible to repair and maintain, in good order and condition, and replace if necessary, the roof, structural portions of the Demised Premises, the exterior and structural walls of the Demised Premises, all systems servicing the Demised Premises (including without limitation, heating, air conditioning, plumbing, refrigeration and electrical systems), any elevators servicing the Demised Premises, all elements of any public areas within and without the Demised Premises (including, without limitation, the loading docks).
Condition of the Demised Premises. Lessee hereby agrees to accept the Demised Premises in accordance with the terms of this Lease, subject to all Governmental Laws and restrictions of record governing and regulating the use of the Demised Premises, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto.
Condition of the Demised Premises. 35.1 The Personal Property and the Demised Premises are let and leased subject to the state of the title thereof as of the date the Lessor acquired title from the predecessor in title, to any state of facts which an accurate survey or physical inspection thereof might show, and to all zoning regulations, restrictions, rules and ordinances, building restrictions and other laws and regulations now in effect or hereafter adopted by any governmental authority having jurisdiction thereover.
Condition of the Demised Premises. Tenant will be deemed to have accepted the Relocation Premises in their “AS IS” condition on the date of Substantial Completion of the Relocation Premises Work. Notwithstanding the foregoing, Landlord will use reasonable efforts to enforce any applicable guaranties or warranties related to the tenant buildout, and Landlord shall be responsible for repair of all non-code compliant work for any adjacent space that impacts Tenant’s ability to obtain permits, approvals, or a certificate of occupancy.
Condition of the Demised Premises. Within thirty (30) days after the Commencement Date, Landlord will construct a Building Standard demising wall in the location of the Demised Premises identified on the plan attached hereto as Exhibit "I". Tenant acknowledges that Tenant has had the opportunity to examine the Demised Premises prior to the execution of this Lease. Other than Landlord's obligation to construct the aforementioned demising walls, Tenant agrees to accept the Demised Premises on the Commencement Date in its then "AS IS WHERE IS" condition without any obligation on the part of Landlord to perform any work. Tenant shall, at Tenant's expense, install a Landlord approved sprinkler system in the Demised Premises by the earlier of Tenant's occupancy or July 1, 2002.
Condition of the Demised Premises. Tenant agrees that Tenant assumes all risks occasioned by any nonconforming improvements of the demised premises and agrees to indemnify and save harmless Landlord from and against any and all claims arising out of, occasioned by or resulting from any nonconforming improvements of the demised premises, whether alleged or established and agrees to indemnify Landlord from and against all costs, attorneys' fees, expenses, fines and liabilities incurred by landlord in connection with any such claim or any action or proceeding brought thereon and further agrees that Tenant shall have no claim or cause of action or right of offset or set off or any other defense against Landlord or its obligations under this Section whatsoever.
Condition of the Demised Premises. Subject to any other agreement between Landlord and Tenant relating to the renovation, repair and up-fitting of the Demised Premises for use as professional office space by Tenant as contemplated by this Lease, Tenant has inspected and accepts the Demised Premises in the same condition they are in at the time of commencement of the term of this Lease.
