Condition of the New Premises. Except as specifically set forth herein or in the Work Letter, Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvements in the New Premises, and Tenant shall accept the New Premises in its presently existing, “as-is” condition. Landlord shall construct the Improvements in the New Premises pursuant to the terms of the Work Letter. Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the New Premises, the North Tower, or the Building or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business.
Condition of the New Premises. (a) Notwithstanding anything in the Lease or this Amendment to the contrary, Tenant agrees to accept the New Premises in its “AS-IS”, “WHERE-IS” and “WITH ALL FAULTS” condition as of the date hereof, and Landlord has no obligation to perform any work, supply any materials, incur any expense or make any alterations or improvements to prepare the New Premises for Tenant’s occupancy other than Landlord’s obligation to perform the Landlord’s Work.
Condition of the New Premises. Tenant hereby agrees to accept the New Premises in its "as-is, where-is" condition and Tenant hereby acknowledges that Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the New Premises. Tenant also acknowledges that Landlord has made no representation or warranty regarding the condition of the New Premises. Notwithstanding the foregoing, Tenant shall have the right to remove the supplemental heating, ventilation and air conditioning ("HVAC") system currently serving the Existing Premises, and to install same in the New Premises, using authorized personnel and subject to plans and specifications approved by Landlord, both in Landlord's sole discretion, and in accordance with the terms of the Lease regarding same, including, without limitation, Articles 9 and 10 thereof.
Condition of the New Premises. (a) On the New Premises Commencement Date, Landlord shall deliver the New Premises to Tenant broom clean and with all mechanical systems therein in good working order.
Condition of the New Premises. Tenant hereby acknowledges and agrees that, except as otherwise set forth in the Tenant Work Letter and the terms of this Section 4.2, below, Tenant shall accept the New Premises in its existing, “as is” condition and Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the New Premises. Landlord shall deliver the Building systems located in or serving the New Premises in good working order and repair. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the New Premises or the Building or with respect to the suitability of the same for the conduct of Tenant’s business.
Condition of the New Premises. Tenant accepts the New Premises in "AS-IS" condition and Landlord has no obligation to remedy any condition contained therein or to improve the New Premises or provide any allowance therefore on behalf of Tenant, except that Landlord shall, at its sole cost and expense, using building standard materials and finishes, paint the closet off the reception area in the New Premises.
Condition of the New Premises. Lessee agrees (i) to accept the New Premises on the New Premises Commencement Date (and by taking possession of the New Premises, Lessee shall be deemed to have accepted the New Premises) as then being suitable for Lessee’s intended use and in good operating order, condition and repair in its then existing “AS IS” condition, and (ii) that neither Lessor nor any of Lessor’s agents, representatives or employees has made any representations as to the suitability, fitness or condition of the New Premises for the conduct of Lessee’s business or for any other purpose. Any improvements to be made by Lessee to the New Premises shall be subject to Lessor’s prior consent and Lessee’s compliance with the provisions of the Lease, including, without limitation, Paragraph 7.3 of the Original Lease.
Condition of the New Premises. Landlord and Tenant confirm and agree that Tenant has accepted the New Premises in its current “AS IS” condition and “WITH ALL FAULTS,” except (a) for reasonable “punch list” items identified in writing by Tenant within ten (10) days after the Delivery Date; (b) latent defects discovered and identified by written notice to Landlord within one hundred eighty (180) days after the Delivery Date; and (c) that Landlord agrees to provide to Tenant an allowance of up to $210,695.00 ($15.00 per RSF of 3,433 RSF of the New Premises plus $25.00 per RSF on 6,368 RSF of the New Premises) (the “Allowance”). The parties hereby agree that the Allowance is to be used solely for the construction of the initial leasehold improvements in the New Premises (above and below ceiling), construction documents as well as architectural, structural, mechanical, electrical, voice/data cabling, plumbing design, accessibility plan review and inspection (Per Texas Architectural Barriers Act), asbestos survey (Per SB-509), graphics and security and otherwise in accordance with the Work Letter attached to the Lease as Exhibit “F”, except that Section 1 (a) of Exhibit “F” is hereby deleted and replaced by the Allowance provided in this First Amendment. Landlord shall only charge a three percent (3%) construction management fee for all work done in the New Premises. Notwithstanding anything to the contrary, Tenant may elect, by giving Landlord prior written notice of Tenant’s election, to apply up to $3.00 per RSF of the New Premises (up to a maximum of $29,403.00) of the unused Allowance granted pursuant to Three Xxxxx Center – Quest Midstream Partners, L.P. First Amendment this First Amendment, if any, towards subsequent installment(s) of Base Rent next due. EXCEPT AS SPECIFICALLY SET FORTH HEREIN, TENANT FURTHER ACKNOWLEDGES AND AGREES THAT LANDLORD DOES HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE EXISTING PREMISES, THE NEW PREMISES AND/OR THE IMPROVEMENTS LOCATED THEREIN.
Condition of the New Premises. On the Delivery Date, Landlord agrees to deliver the New Premises to Tenant vacant, free of all occupancies (except as provided below with respect to the Intermap Give Back Space) and in “broom clean” condition and otherwise in the condition required by this Lease. Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the New Premises, or with respect to the suitability of any part of the same for the conduct of Tenant’s business. Tenant shall be conclusively deemed to have accepted the New Premises “as is” in the condition existing on the Extension Commencement Date subject to latent defect and Landlord’s obligation to deliver the New Premises in the condition required hereunder. Landlord shall not have any obligation to install any improvements or alterations in, to, or on the New Premises, except as may be required to cure any Landlord’s Violations.
Condition of the New Premises. Landlord agrees to deliver possession of the New Premises on or after July 1, 2007 in its then current condition, i.e., “AS IS”, “WITH ALL FAULTS” (Landlord’s obligation to perform any required asbestos remediation work and the Sprinklering Work therein excepted). Tenant’s possession of the New Premises prior to the New Premises Commencement Date shall be subject to all terms and conditions of the Lease other than the payment of rent, which obligation shall not commence until the New Premises Commencement Date. All proposed leasehold improvements or alterations to the New Premises shall be subject to Landlord’s prior written approval and shall be constructed by Tenant (utilizing its own design professionals and contractor(s) reasonably approved by Landlord) in accordance with and subject to the limitations set forth in Section 7 of the Sixth Amendment, except that Section 7 hereof shall govern the only improvements allowance to be provided by Landlord to Tenant in connection with such leasehold improvements. 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 Eleventh 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 NEW PREMISES AND/OR THE IMPROVEMENTS LOCATED THEREIN.
