Common use of Condition of the Expansion Premises Clause in Contracts

Condition of the Expansion Premises. Landlord shall deliver, and Tenant hereby agrees to accept, the Expansion Premises (including all improvements, furniture, fixtures, equipment, and telephone and data cabling contained within the Premises as of the Effective Date) in its “as-is” and “where-is” condition with all faults and Tenant hereby acknowledges that Landlord shall not be obligated to provide or pay for any improvement work, remodeling or refurbishment, or services related to the improvement of the Expansion Premises. Tenant’s acceptance of possession of the Expansion Premises constitutes Tenant’s acknowledgment that the Expansion Premises and Project are acceptable and in the condition required by this Second Amendment. Tenant acknowledges that Landlord has made no representation or warranty regarding the condition of the Expansion Premises. Tenant shall pay all costs and expenses associated with or arising out of the Expansion Premises. Additionally, Tenant acknowledges that it has been occupying the Original Premises prior to the Effective Date and that Tenant continues to accept the Original Premises in its current “as is” condition as of the Effective Date. Prior to commencing any construction or modification of the Expansion Premises, Tenant shall obtain Landlord’s prior written consent in accordance with Article 8 of the Original Lease and shall procure all necessary governmental permits and approvals. Prior to Tenant commencing business in the Expansion Premises, Tenant shall use best efforts to obtain a certificate of occupancy and any other governmental permits and licenses required for Tenant to use and occupy the Expansion Premises, and deliver a copy of each to Landlord. Tenant shall have any separately metered utilities and service contracts placed into Tenant’s name and Tenant shall be responsible for paying all utilities servicing the Expansion Premises from and after the Delivery Date. Landlord and Tenant stipulate and agree that the Expansion Premise contains 62,870 rentable square feet for all purposes of the Lease (as amended) and is not subject to remeasurement. Notwithstanding anything set forth herein or in the Original Lease to the contrary, Tenant may access, use, and operate from, the Original Premises and the Expansion Premises at all times, without interruption, 24 hours per day, seven days per week, in conformity with the Lease requirements.

Condition of the Expansion Premises. Subject to the provisions of Section 2 above, on the EP Commencement Date Landlord shall deliver, and deliver to Tenant hereby agrees to accept, possession of the Expansion Premises (including all improvementsin its then existing condition and state of repair, furniture, fixtures, equipment"AS IS", and telephone and data cabling contained within the Premises as of the Effective Date) in its “as-is” and “where-is” condition with all faults and Tenant hereby acknowledges that Landlord shall not be obligated to provide or pay for any improvement workimprovement, remodeling or refurbishment, refurbishment work or services related to the improvement of the Expansion Premises. Tenant’s acceptance of possession improvement, remodeling or refurbishment of the Expansion Premises constitutes Tenant’s acknowledgment that except as otherwise set forth in EXHIBIT B hereto. The Tenant Improvements (defined in EXHIBIT B) shall be installed in accordance with the Expansion Premises terms, conditions, criteria and Project are acceptable provisions set forth in EXHIBIT B. 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 of and included in the condition required by this Second Amendment. Tenant acknowledges that Landlord has made no representation or warranty regarding the condition costs of the Expansion PremisesTenant Improvements. Tenant shall pay all costs and expenses associated with or arising out of the Expansion Premises. Additionally, Tenant acknowledges that it has been occupying the Original Premises prior to the Effective Date and that Tenant continues to accept the Original Premises in its current “as is” condition as of the Effective Date. Prior to commencing any construction or modification By taking possession of the Expansion Premises, Tenant shall obtain be deemed to have accepted the Expansion Premises in good condition and state of repair. Tenant expressly acknowledges and agrees that neither Landlord nor any of Landlord’s prior written consent in accordance with Article 8 's agents, representatives or employees has made any representations as to the suitability, fitness or condition of the Original Lease and shall procure all necessary governmental permits and approvalsExpansion 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. Prior Any exception to the foregoing provisions must be made by express written agreement signed by both parties. Tenant commencing business in acknowledges that no representations or warranties of any kind, express or implied, respecting the condition of the Expansion Premises, Tenant shall use best efforts Building, or Park or have been made by Landlord or any agent of Landlord to obtain a certificate of occupancy and any other governmental permits and licenses required for Tenant to use and occupy the Expansion PremisesTenant, and deliver a copy of each to Landlord. Tenant shall have any separately metered utilities and service contracts placed into Tenant’s name and Tenant shall be responsible for paying all utilities servicing the Expansion Premises from and after the Delivery Date. Landlord and Tenant stipulate and agree that the Expansion Premise contains 62,870 rentable square feet for all purposes of the Lease (except as amended) and is not subject to remeasurement. Notwithstanding anything expressly set forth herein or in the Original Lease to the contrary, Tenant may access, use, and operate from, the Original Premises and the Expansion Premises at all times, without interruption, 24 hours per day, seven days per week, in conformity with the Lease requirementsherein.

Condition of the Expansion Premises. Subject to the provisions of Paragraph 3 above, on the EP Commencement Date Landlord shall deliver, and deliver to Tenant hereby agrees to accept, possession of the Expansion Premises (including all improvementsin its then existing "AS IS", furniture, fixtures, equipmentcondition and state of repair, and telephone and data cabling contained within the Premises as of the Effective Date) in its “as-is” and “where-is” condition with all faults and Tenant hereby acknowledges that Landlord shall not be obligated to provide or pay for any improvement workimprovement, remodeling or refurbishment, refurbishment work or services related to the improvement improvement, remodeling or refurbishment of the Expansion Premises except for Landlord's provision of the EP Tenant Improvement Allowance, subject to, and as expressly set forth in Exhibit B attached hereto and made a part hereof. The EP Tenant Improvements (as defined in Exhibit B) shall be installed by Tenant in accordance with the terms, conditions, criteria and provisions set forth in Exhibit B hereto, and not pursuant to Exhibit B attached to the Lease which is not applicable to the Expansion Premises. The EP Tenant Improvements constructed hereunder shall comply 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 of and included in the costs of the EP Tenant Improvements. By taking possession of the Expansion Premises. Tenant’s acceptance of possession of , Tenant is deemed to have accepted the Expansion Premises constitutes Tenant’s acknowledgment that in good condition and state of repair. Any exception to the Expansion Premises and Project are acceptable and in the condition required foregoing provisions must be made by this Second Amendmentexpress written agreement signed by both parties. Tenant acknowledges that Landlord has made no representation representations or warranty regarding 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. Tenant further acknowledges and agrees that the EP Tenant Improvements described in Exhibit B attached hereto will be installed and constructed by Tenant in the Expansion Premises and the completion of such EP Tenant Improvements therein shall not affect Tenant's obligation to pay Rent and to perform all costs of Tenant's covenants and expenses associated with obligations under the Lease and this Amendment. Tenant hereby expressly (I) agrees that Tenant shall have no right or arising out claim to any abatement, offset or other deduction of the Expansion Premises. Additionally, amount of Rent payable by Tenant acknowledges that it has been occupying for the Original Premises prior to the Effective Date and that Tenant continues to accept the Original Premises in its current “as is” condition as of the Effective Date. Prior to commencing any construction or modification of the Expansion Premises, Tenant shall obtain Landlord’s prior written consent in accordance with Article 8 of the Original Lease and shall procure all necessary governmental permits and approvals. Prior to Tenant commencing business in the Expansion Premises, Tenant shall use best efforts to obtain a certificate of occupancy and any other governmental permits and licenses required for Tenant to use and occupy the Expansion Premises, and deliver a copy of each to Landlord. Tenant shall have any separately metered utilities and service contracts placed into Tenant’s name and Tenant shall be responsible for paying all utilities servicing and/or the Expansion Premises from and after the Delivery Date. Landlord and Tenant stipulate and agree that the Expansion Premise contains 62,870 rentable square feet for all purposes of the Lease (as amended) and is not subject to remeasurement. Notwithstanding anything set forth herein or in the Original Lease due to the contraryinstallation and construction of any EP Tenant Improvements, Tenant may access, use, (II) grants Landlord access to any and operate from, all of the Original Premises and Expansion Premises to inspect Tenant's construction of the EP Tenant Improvements and to exercise all other rights conferred upon Landlord under the Lease, including the Amendment and Exhibit B hereto, (III) agrees to not interfere, and to not allow any of Tenant's Representatives to interfere, with the other tenants in the Building and the Park, (IV) agrees that Tenant's employees, agents, contractors, consultants, workmen, mechanics, suppliers and invitees shall fully cooperate, work in harmony and not, in any manner, unreasonably interfere with Landlord's work in other areas of the Building or the Park, or the general operation of the Building, and (V) assumes any and all liability and responsibility for any damage to the Original Premises, the Expansion Premises at all timesand Tenant's personal property, without interruptiontrade fixtures, 24 hours per dayfurnishings, seven days per week, equipment and goods located therein or thereabout arising in conformity with any manner or related to Tenant's installation and construction of the Lease requirementsEP Tenant Improvements.

Condition of the Expansion Premises. Landlord shall deliverExcept for Landlord’s express obligations to construct the Expansion Work (including, without limitation, Punchlist items), to maintain and Tenant hereby agrees repair the Building, to acceptperform 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 Expansion Premises (including all improvements“Continuing Obligations”), furniture, fixtures, equipment, and telephone and data cabling contained within the Premises as of the Effective Date) in its “as-is” and “where-is” condition with all faults and Tenant hereby acknowledges that Landlord which Continuing Obligations shall not be obligated to provide or pay for any improvement work, remodeling or refurbishment, or services related to the improvement of survive the Expansion Premises. Commencement Date and Tenant’s acceptance of possession of the Expansion Premises constitutes 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 acknowledgment that taking possession of the Expansion Premises and Project are acceptable and in the condition required by this Second Amendment. Tenant acknowledges that Landlord has made no representation or warranty regarding the condition of the Expansion Premises. Tenant shall pay all costs and expenses associated with or arising out of the Expansion Premises. Additionally, Tenant acknowledges that it has been occupying the Original Premises prior to the Effective Date and that Tenant continues to accept the Original Premises in its current “as is” condition as of the Effective Date. Prior to commencing any construction or modification of the Expansion Premises, Tenant shall obtain Landlord’s prior written consent in accordance with Article 8 of the Original Lease and shall procure all necessary governmental permits and approvals. Prior to Tenant commencing business in the Expansion Premises, Tenant shall use best efforts to obtain a certificate of occupancy and any other governmental permits and licenses required for Tenant to use and occupy the Expansion Premises, and deliver a copy of each to Landlord. Tenant shall have any separately metered utilities and service contracts placed into Tenant’s name and Tenant shall be responsible for paying all utilities servicing the Expansion Premises from and after the Delivery Date. Landlord and Tenant stipulate and agree that the Expansion Premise contains 62,870 rentable square feet conclusive evidence for all purposes of the Lease (as amended) and is not subject to remeasurement. Notwithstanding anything set forth herein or in the Original Lease to the contrary, Tenant may access, use, and operate from, the Original Premises and Tenant’s acceptance of the Expansion Premises at all timesin good order and satisfactory condition, without interruptionand in a state and condition satisfactory, 24 hours per dayacceptable and suitable for the Tenant’s use pursuant to the Lease and this First Amendment. Without limitation to the foregoing, seven days per week, the construction contract Landlord executes for the Expansion Work shall require the general contractor to warrant that the Expansion Work has been completed in conformity accordance with the Lease requirementsExpansion 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 deliver, and Tenant hereby agrees to accept, deliver the Expansion Premises to Tenant with professionally cleaned floors, including, without limitation, all carpeted and tiled areas. Landlord warrants that (including all improvements, furniture, fixtures, equipment, and telephone and data cabling contained within a) the Expansion Premises as of the Effective Date) shall be in its “as-is” and “where-is” condition compliance with all faults and Tenant hereby acknowledges that Landlord shall not be obligated to provide or pay for any improvement worklaws, remodeling or refurbishment, or services related (b) electricity to the improvement of Expansion Premises shall be separately metered and (c) all mechanical, plumbing and electrical systems serving the Expansion Premises. Tenant’s acceptance of possession Premises and all carpet and ceiling tiles in the Expansion Premises shall be in good operating condition as of the Expansion Premises constitutes Tenant’s acknowledgment that Commencement Date. Prior to the Expansion Premises and Project are acceptable and in Commencement Date, Landlord shall, at its sole cost, professionally clean all floors. If the condition required by this Second Amendment. Tenant acknowledges that Landlord has made no representation mechanical, plumbing or warranty regarding the condition electrical systems of the Expansion Premises are not in good working order and condition and if such condition is not due to Tenant’s use of, or activities or work in, the Expansion Premises, and Tenant provides written notice of such condition within sixty (60) days following the Expansion Premises Commencement Date, then Landlord shall (as Tenant’s sole remedy therefor) correct such condition at Landlord’s cost within a commercially reasonable time after Landlord’s receipt of written notice thereof. Tenant shall pay all costs hereby acknowledges and expenses associated with agrees that neither Landlord nor Landlord’s agents or arising out representatives has made any representations or warranties as to the suitability, safety or fitness of the Expansion PremisesPremises for the conduct of Tenant’s business, Tenant’s intended use of the Expansion Premises or for any other purpose. AdditionallyExcept as expressly set forth in this First Amendment, Tenant acknowledges that it has been occupying the Original Premises prior to the Effective Date and that Tenant continues to shall accept the Original Expansion Premises in its current “as is” condition as of the Effective Date. Prior Expansion Premises Commencement Date and Landlord is under no obligation to commencing make any construction alterations in or modification of the Expansion Premises, Tenant shall obtain Landlord’s prior written consent in accordance with Article 8 of the Original Lease and shall procure all necessary governmental permits and approvals. Prior to Tenant commencing business in the Expansion Premises, Tenant shall use best efforts to obtain a certificate of occupancy and any other governmental permits and licenses required for Tenant to use and occupy the Expansion Premises, and deliver a copy of each to Landlord. Tenant shall have any separately metered utilities and service contracts placed into Tenant’s name and Tenant shall be responsible for paying all utilities servicing the Expansion Premises from and after or the Delivery Date. Landlord and Tenant stipulate and agree that the Expansion Premise contains 62,870 rentable square feet for all purposes of the Lease (as amended) and is not subject to remeasurement. Notwithstanding anything set forth herein or in the Original Lease to the contrary, Tenant may access, use, and operate from, the Original Premises and the Expansion Premises at all times, without interruption, 24 hours per day, seven days per week, in conformity with the Lease requirementsBuilding.

Condition of the Expansion Premises. Subject to the provisions of Paragraph 3 above, on the EP Commencement Date Landlord shall deliver, and deliver to Tenant hereby agrees to accept, possession of the Expansion Premises (including all improvementsin its then existing condition and state of repair, furniture, fixtures, equipment“AS IS”, and telephone and data cabling contained within the Premises as of the Effective Date) in its “as-is” and “where-is” condition with all faults and Tenant hereby acknowledges that Landlord shall not be obligated to provide or pay for any improvement workimprovement, remodeling or refurbishment, refurbishment work or services related to the improvement 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. Tenant’s acceptance of By taking possession of the Expansion Premises constitutes Tenant’s acknowledgment that the Expansion Premises and Project are acceptable and in the condition required by this Second Amendment. Tenant acknowledges that Landlord has made no representation or warranty regarding the condition of the Expansion Premises. Tenant shall pay all costs and expenses associated with or arising out of the Expansion Premises. Additionally, Tenant acknowledges that it has been occupying the Original Premises prior to the Effective Date and that Tenant continues to accept the Original Premises in its current “as is” condition as of the Effective Date. Prior to commencing any construction or modification of the Expansion Premises, Tenant shall obtain 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 prior written consent in accordance with Article 8 agents, representatives or employees has made any representations as to the suitability, fitness or condition of the Original Lease and shall procure all necessary governmental permits and approvalsExpansion 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. Prior Any exception to the foregoing provisions must be made by express written agreement signed by both parties. Tenant commencing business in acknowledges that no representations or warranties of any kind, express or implied, respecting the condition of the Expansion Premises, Tenant shall use best efforts Building, or Park or have been made by Landlord or any agent of Landlord to obtain a certificate of occupancy and any other governmental permits and licenses required for Tenant to use and occupy the Expansion PremisesTenant, and deliver a copy of each to Landlord. Tenant shall have any separately metered utilities and service contracts placed into Tenant’s name and Tenant shall be responsible for paying all utilities servicing the Expansion Premises from and after the Delivery Date. Landlord and Tenant stipulate and agree that the Expansion Premise contains 62,870 rentable square feet for all purposes of the Lease (except as amended) and is not subject to remeasurement. Notwithstanding anything expressly set forth herein or in the Original Lease to the contrary, Tenant may access, use, and operate from, the Original Premises and the Expansion Premises at all times, without interruption, 24 hours per day, seven days per week, in conformity with the Lease requirementsherein.

Condition of the Expansion Premises. Landlord shall deliver, and Except as to Landlord’s obligation to provide to Tenant hereby agrees to accept, an improvement allowance for the Expansion Premises in the amount of up to Forty-Three Thousand, Three Hundred Eighty Dollars (including all improvements$43,380.0) (i.e., furniture, fixtures, equipment, and telephone and data cabling contained within the Premises as of the Effective Date) in its “as-is” and “where-is” condition with all faults and Tenant hereby acknowledges that Landlord shall not be obligated to provide or pay for any improvement work, remodeling or refurbishment, or services related to the improvement based on $15.00 per rentable square feet of the Expansion Premises. Tenant’s acceptance ) within the initial twelve (12) months of possession the Lease Term to reimburse Tenant for the cost of permanent improvements to the Expansion Premises constitutes Tenant’s acknowledgment that the Expansion Premises made by Tenant in accordance with Article 8 (Additions and Project are acceptable and in the condition required by this Second Amendment. Tenant acknowledges that Landlord has made no representation or warranty regarding the condition Alterations) of the Expansion Premises. Tenant shall pay all costs and expenses associated with or arising out of Original Lease (which allowance may be referred to as the Expansion Premises. Additionally, Tenant acknowledges that it has been occupying the Original Premises prior to the Effective Date and that Tenant continues to accept the Original Premises in its current “as is” condition as of the Effective Date. Prior to commencing any construction or modification of the Expansion PremisesImprovement Allowance”); provided however, Tenant shall obtain Landlord’s prior written consent in accordance with Article 8 approval of a final space plan (the Original Lease and shall procure all necessary governmental permits and approvals. Prior to Tenant commencing business in the Expansion Premises, Tenant shall use best efforts to obtain a certificate of occupancy and any other governmental permits and licenses required “Final Space Plan”) for Tenant to use and occupy the Expansion Premises, and Tenant will cause its architect and engineers to prepare and deliver to Tenant, for Tenant’s approval, specifications and engineered working drawings for the tenant improvements shown on the Final Space Plan to the extent necessary to obtain a copy building permit (the “Working Drawings”). The Working Drawings shall incorporate modifications to the Final Space Plan as necessary to comply with the floor load and other structural and system requirements of each to the Building. To the extent that the finishes and specifications are not completely set forth in the Final Space Plan for any portion of the tenant improvements depicted thereon, the actual specifications and finish work shall be in accordance with Landlord’s specifications for standard tenant improvement items within the Building (“Specifications”), as determined by Landlord. Tenant shall have any separately metered utilities and service contracts placed into Tenant’s name and Tenant shall be responsible for paying all utilities servicing must use the Improvement Allowance before the first (1st) anniversary of the Expansion Premises from and after the Delivery Commencement Date. Tenant acknowledges that Landlord shall have no obligation whatsoever to construct leasehold improvements for Tenant or to repair or refurbish the Expansion Premises (except with respect to funding the improvement allowance described in this section above). Tenant’s taking of possession of the Expansion Premises shall be conclusive evidence that Tenant accepts the same “AS IS” and Tenant stipulate and agree that the Expansion Premise contains 62,870 rentable square feet Premises is suitable for all purposes of the Lease (as amended) use intended by Tenant and is not subject to remeasurementin good and satisfactory condition. Notwithstanding anything set forth herein Tenant acknowledges that neither Landlord nor Landlord’s agents has made any representation or in the Original Lease warranty as to the contrary, Tenant may access, use, and operate from, the Original Premises and condition of the Expansion Premises at all timesor its suitability for Tenant’s purposes, without interruptionand Tenant further acknowledges that it will be refurbishing or otherwise improving the Expansion Premises after it has commenced paying Rent for the Expansion Premises. Tenant represents and warrants to Landlord that (a) its sole intended use of the Expansion Premises is for general office use, 24 hours per day(b) it does not intend to use the Expansion Premises for any other purpose, seven days per week, in conformity and (c) prior to executing this Amendment it has made such investigations as it deems appropriate with respect to the Lease requirementssuitability of the Expansion Premises for its intended use and has determined that the Expansion Premises will be suitable for such intended use.