Condition of the Expansion Premises Sample Clauses

Condition of the Expansion Premises. Subject to the provisions of Paragraph 3 above, on the EP Commencement Date Landlord shall deliver to Tenant possession of the Expansion Premises in its then existing condition and state of repair, “AS IS”, and Landlord shall not be obligated to provide or pay for any improvement, remodeling or refurbishment work or services related to the improvement, remodeling or refurbishment of the Expansion Premises except that Landlord shall: (i) remove the demising wall between Suite 200 and Suite 220 and repair all damage to the Premises incurred in connection therewith (including any damage to flooring, walls, electrical systems and HVAC caused by such removal work); (ii) provide Tenant with use of all cubicles and wiring existing in the Expansion Premises as of the date hereof, provided such use shall be subject to all of the terms and conditions of Article 25 of the Lease; (iii) reconfigure the cubicle layout and wiring within the Expansion Premises as reasonably requested by Tenant and approved by Landlord; (iv) professionally clean the Expansion Premises; (v) touch-up paint in the Expansion Premises as needed to match the Original Premises; and (vi) repair or replace, if necessary, any damaged or stained ceiling tiles and window blinds in the Expansion Premises. By taking possession of the Expansion Premises, Tenant shall be deemed to have accepted the Expansion Premises in good condition and state of repair with all of tenant improvement work required to be performed by Landlord pursuant to this Paragraph 6 complete. Tenant expressly acknowledges and agrees that neither Landlord nor any of Landlord’s agents, representatives or employees has made any representations as to the suitability, fitness or condition of the Expansion Premises for the conduct of Tenant’s business or for any other purpose, including without limitation, any storage incidental thereto, or for any other purpose. Any exception to the foregoing provisions must be made by express written agreement signed by both parties. Tenant acknowledges that no representations or warranties of any kind, express or implied, respecting the condition of the Expansion Premises, Building, or Park or have been made by Landlord or any agent of Landlord to Tenant, except as expressly set forth herein.

Condition of the Expansion Premises. Tenant shall accept the Expansion Premises in their then as-is condition (i.e., as of the Expansion Premises Commencement Date) without any obligation on the Landlord’s part to perform any additions, alterations, improvements, demolition or other work therein or pertaining thereto; provided, however, that Landlord shall deliver the Expansion Premises to Tenant broom clean and free of all tenants, occupants and personal property and with all Building systems serving the Expansion Premises in good working order. For the avoidance of doubt, at the expiration or earlier termination of this Lease, Tenant shall not be required to remove any telecommunications cabling or wiring existing in the Expansion Premises as of the Expansion Premises Commencement Date. Tenant, at its sole cost and expense, shall perform all work necessary to prepare the Expansion Premises for Tenant’s occupancy in accordance with the terms and conditions set forth on Exhibit B-1 attached hereto except as the same is hereinafter amended, solely as Exhibit B-1 pertains to the Expansion Premises: 1. All references in Exhibit B-1 to (i) the “Third Additional Premises” shall be replaced with the “Expansion Premises”; (ii) the “Tenant’s Third Additional Premises Work” shall be replaced with the “Tenant’s Expansion Premises Work”; and (iii) the “Tenant’s Third Additional Premises Plans” shall be replaced with the “Tenant’s Expansion Premises Plans; and 2. All references in Section 1.3(iv) of Exhibit B-1 to (i) the “Rentable Floor Area of the Third Additional Premises” shall be replaced with the “Rentable Floor Area of the Expansion Premises”, and (ii) the “Tenant Third Additional Premises Allowance” shall be replaced with the “Tenant Expansion Premises Allowance.” For the avoidance of doubt, the reference in Section 1.3(iv) of Exhibit B-1 to “March 31, 2019” shall remain unchanged.

Condition of the Expansion Premises. Landlord agrees to deliver the Expansion Premises to Tenant in its current condition, i.e., "AS IS" and "WITH ALL FAULTS". Tenant will have the right to construct and install the leasehold improvements and tenant finish desired by Tenant in the Expansion Premises in accordance with, and subject to the limitations and conditions set forth in Section 7 of the Sixth Amendment and in the Lease except that the leasehold improvements allowance to be provided to Tenant with respect to the Expansion Premises shall be governed by Section 7 of this Seventh Amendment. Landlord and Tenant each agree that this document constitutes the entire agreement of the parties and there were no verbal representations, warranties or understandings pertaining to this Seventh Amendment. TENANT FURTHER ACKNOWLEDGES AND AGREES THAT LANDLORD 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 EXISTING PREMISES, THE EXPANSION PREMISES AND/OR THE IMPROVEMENTS LOCATED THEREIN.

Condition of the Expansion Premises. Except for Landlord’s express obligations to construct the Expansion Work (including, without limitation, Punchlist items), to maintain and repair the Building, to perform Code Modifications under Section 15 of the Lease and with respect to Hazardous Substances and Contamination under Section 4 of Exhibit C to the Lease (collectively, the “Continuing Obligations”), which Continuing Obligations shall survive the Expansion Commencement Date and Tenant’s acceptance of possession of the Expansion Premises, TENANT ACCEPTS THE EXPANSION PREMISES “AS IS”, “WHERE IS” AND WITH ANY AND ALL FAULTS. LANDLORD NEITHER MAKES NOR HAS MADE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE QUALITY, SUITABILITY OR FITNESS THEREOF OF THE EXPANSION PREMISES, OR THE CONDITION OR REPAIR THEREOF. Subject to Landlord’s performance of any Continuing Obligations, Tenant’s taking possession of the Expansion Premises shall be conclusive evidence for all purposes of Tenant’s acceptance of the Expansion Premises in good order and satisfactory condition, and in a state and condition satisfactory, acceptable and suitable for the Tenant’s use pursuant to the Lease and this First Amendment. Without limitation to the foregoing, the construction contract Landlord executes for the Expansion Work shall require the general contractor to warrant that the Expansion Work has been completed in accordance with the Expansion Plans (as defined in Paragraph 13 of this Amendment) and in a good and workmanlike manner, free from faulty materials and workmanship for a period of one (1) year following the date of Substantial Completion (the “Expansion Work Warranty”). Landlord agrees and acknowledges that Tenant is a beneficiary of such Expansion Work Warranty obtained from contractor and Landlord shall enforce for the benefit of Tenant the Expansion Work Warranty.

Condition of the Expansion Premises. Landlord shall make those improvements to the Expansion Premises, using building standard materials, outlined in the scope of work summary attached herein as Addendum One and made a part hereof for all purposes, such improvements to be substantially completed within forty-five (45) days from the Effective Date of this Second Extension and Modification Agreement. The improvements shall be deemed "substantially completed" when, in the reasonable opinion of both the construction manager for such improvements, and Tenant, agree such improvements have been completed in accordance with Addendum One, except for punch list items which do not prevent in any material way the utilization of the Premises for the purpose for which they were intended. Tenant shall be solely responsible for any delays caused by the action or inaction of Tenant. Tenant shall be solely responsible for the costs of any changes in the scope of work attached as Addendum One.

Condition of the Expansion Premises. Lessor shall deliver the Expansion Premises in broom clean condition with all plumbing, mechanical, electrical systems and roll-up doors in operating condition. Lessor shall warranty plumbing fixtures for a period of three (3) months and mechanical and electrical systems for a period of six (6) months, provided Lessee is maintaining said systems as provided for under the Lease.

Condition of the Expansion Premises. Tenant hereby acknowledges and agrees that all work and payments that were required to be performed or made by Landlord under the Original Lease and/or the First Amendment have been performed or made. Tenant accepts the Expansion Premises in its current “as is” condition as of the date hereof and agrees that Landlord shall not be required to perform any work, make any installations or incur any expense in order to prepare the Expansion Premises for Tenant’s continued occupancy thereof.

Condition of the Expansion Premises. Tenant has made a complete examination and inspection of the Expansion Premises and accepts the same in its current condition, as-is, without recourse to Landlord, and Landlord shall have no obligation to complete any improvements to the Expansion Premises, or pay any allowances or costs applicable thereto, except for those items specifically listed on Exhibit B attached hereto and made a part hereof. ADDITIONALLY, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE LEASEHOLD IMPROVEMENTS IN THE EXPANSION PREMISES. ALL IMPLIED WARRANTIES WITH RESPECT THERETO, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY NEGATED AND WAIVED.

Condition of the Expansion Premises. Subject to the provisions of Paragraph 2 above, on the EP Commencement Date Landlord shall deliver to Tenant possession of the Expansion Premises in its then existing condition and state of repair, “AS IS”, and Landlord shall not be obligated to provide or pay for any improvement, remodeling or refurbishment work or services related to the improvement, remodeling or refurbishment of the Expansion Premises except as otherwise set forth in Exhibit B hereto. The EP Tenant Improvements (defined in Exhibit B) shall be installed in accordance with the terms, conditions, criteria and provisions set forth in Exhibit B attached to this Amendment, and not pursuant to Exhibit B attached to the Lease which shall not be applicable to the Expansion Premises. Any Tenant Improvements to be constructed hereunder shall be in compliance with the requirements of the Americans with Disabilities Act, a federal law codified at 42 U.S.C. 12101 et seq., including, but not limited to Title III thereof, all regulations and guidelines related thereto and all requirements of Title 24 of the State of California, and all costs incurred for purposes of compliance therewith shall be a part

Condition of the Expansion Premises. Landlord agrees to furnish the Expansion Premises to Tenant in its current condition, i.e., "AS IS" and "WITH ALL FAULTS". Landlord and Tenant each agree that this document constitutes the entire agreement of the parties and there were no verbal representations, warranties or understandings pertaining to this First Amendment. TENANT FURTHER ACKNOWLEDGES AND AGREES THAT LANDLORD 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 PREMISES AND/OR THE IMPROVEMENTS LOCATED THEREIN.