Common use of Condition of the Premises Clause in Contracts

Condition of the Premises. Tenant agrees (i) to accept possession of the Premises in the condition which shall exist on the Commencement Date “as is”, and further agrees that, except for Landlord’s Work, Landlord shall have no obligation, to perform any work or make any installations in order to prepare the Premises for Tenant’s occupancy, and (ii) Landlord and Landlord’s agents have made no representations, warranties or promises whatsoever with respect to the Premises, the Building, the Real Property, the Rents, leases, Taxes, or any other matter or thing, except as herein expressly set forth, and no rights, easements or licenses are acquired by Tenant by implication or otherwise except as expressly set forth in this Lease. Tenant represents and warrants that it is fully familiar with the Premises and the Building and has thoroughly inspected same. The taking of possession of the Premises by Tenant shall be conclusive evidence as against Tenant that, at the time such possession was so taken, the Premises and Landlord’s Work, except for minor details of construction commonly referred to as “punch list” items, as well as the Building were in good and satisfactory condition, and that all of the Premises and appurtenances thereto that are the subject of this Lease have been received by Tenant.

Appears in 2 contracts

Samples: Lease Agreement (Panacea Acquisition Corp), Lease Agreement (Panacea Acquisition Corp)

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Condition of the Premises. Tenant has inspected the Premises and agrees (ia) to accept possession of the various portions of the Premises in the their condition which shall exist existing on the Commencement Date date hereof “as is”, and further agrees that, (b) that except for Landlord’s WorkContribution Landlord has no obligation to provide any allowances, Landlord shall have no obligation, to perform any work work, supply any materials, incur any expense or make any installations in order alterations or improvements to prepare the Premises for Tenant’s occupancy, . Any work to be performed by Tenant in connection with Tenant’s initial occupancy of the Premises shall be hereinafter referred to as the “Initial Installations,” and (ii) Landlord and Landlord’s agents have made no representations, warranties or promises whatsoever with respect shall be Substantially Completed by Tenant within 120 days following the Commencement Date as to each of the Suites comprising the Premises, the Building, the Real Property, the Rents, leases, Taxes, or . Tenant’s occupancy of any other matter or thing, except as herein expressly set forth, and no rights, easements or licenses are acquired by Tenant by implication or otherwise except as expressly set forth in this Lease. Tenant represents and warrants that it is fully familiar with part of the Premises and the Building and shall be conclusive evidence, as against Tenant, that Tenant has thoroughly inspected same. The taking of accepted possession of the Premises by Tenant shall be conclusive evidence as against Tenant that, in its then current condition and at the time such possession was so taken, the Premises and Landlord’s Work, except for minor details of construction commonly referred to as “punch list” items, as well as the Building were in a good and satisfactory conditioncondition as required by this Amended and Restated Lease. The requirements and conditions for Alterations contained in Article 5 of the Lease shall not apply to the Initial Installations, and that all of the Premises process and appurtenances thereto that are requirements with respect to such Initial Installations shall be governed by the subject of this Lease have been received by TenantWork Letter.

Appears in 2 contracts

Samples: Lease Agreement (Marchex Inc), Lease Agreement (Marchex Inc)

Condition of the Premises. Tenant has examined the Premises and subject to the completion of Landlord’s Work agrees (i) to accept possession of the Premises in the condition and state of repair which shall exist on the Commencement Date “date hereof "as is", and further agrees that, except for Landlord’s Work, that Landlord shall have no obligation, other obligation to perform any work or make any installations in order to prepare the Premises for Tenant’s 's occupancy, and (ii) Landlord and Landlord’s agents have made no representations, warranties or promises whatsoever with respect to the Premises, the Building, the Real Property, the Rents, leases, Taxes, or any other matter or thing, except as herein expressly set forth, and no rights, easements or licenses are acquired by Tenant by implication or otherwise except as expressly set forth in this Lease. Tenant represents and warrants that it is fully familiar with the Premises and shall be delivered in the Building and has thoroughly inspected sameDelivery Condition (as hereinafter defined). The taking of possession of the Premises by Tenant shall be conclusive evidence as against Tenant that, at the time such possession was so taken, the Premises and Landlord’s Work, except for minor details of construction commonly referred to as “punch list” items, as well as the Building were in good and satisfactory conditioncondition but same shall not release Landlord from any of its obligations hereunder with respect to repairs and maintenance. On the Commencement Date, Landlord shall deliver the Premises (i) in broom-clean condition and free of debris, (ii) with the equipment and systems in or servicing the Premises (including the plumbing, restroom fixtures, electrical, fire and life safety and HVAC systems) in good working order and condition and in compliance with all applicable laws, ordinances and regulations, (iii) free of occupants and any tenancies, and that all of (iv) with Landlord’s Work Substantially Completed, and (v) otherwise in the Premises and appurtenances thereto that condition required by herein. Subparagraphs (i) through (v) are collectively hereinafter referred to as the subject of this Lease have been received by Tenant“Delivery Condition”.

Appears in 1 contract

Samples: Lease Agreement (COMPASS Pathways PLC)

Condition of the Premises. Tenant agrees (i) to accept possession of the Premises in the condition which shall exist on the Commencement Date “as is”"AS IS", and further agrees that, except for Landlord’s Work, that Landlord shall have no obligation, to perform any work or make any installations in order to prepare the Premises for Tenant’s 's occupancy, unless otherwise provided in this Lease, and (ii) Landlord and Landlord’s 's agents have made no representations, warranties or promises whatsoever with respect to the Premises, the Building, the Real Property, the Rentsrents, leases, Taxes, . or any other matter or thing, except as herein expressly set forth, and no rights, easements or licenses are acquired by Tenant by implication or otherwise except as expressly set forth 'in this Lease. Tenant represents and warrants that it is fully familiar with the Premises and the Building and has thoroughly inspected same. The taking of possession of the Premises by Tenant shall be conclusive evidence as against Tenant that, at the time such possession was so taken, the Premises and Landlord’s Work, except for minor details of construction commonly referred to as “punch list” items, as well as the Building were in good and satisfactory condition, and that all of the Premises and appurtenances thereto that are the subject of this Lease have been received by Tenant.

Appears in 1 contract

Samples: Lease Agreement (Salon Internet Inc)

Condition of the Premises. Sample Document Subject to the other provisions of this Section, Concessionaire Tenant agrees (i) to accept possession of the Premises in the condition which that shall exist on the Commencement Date “as is”, and further agrees that, except for LandlordCity’s Work, Landlord City shall have no obligation, to perform any work or make any installations in order to prepare the Premises for Concessionaire Tenant’s occupancy, and (ii) Landlord City and LandlordCity’s agents have made no representations, warranties or promises whatsoever with respect to the Premises, the Building, the Real Property, the Rentsrents, leases, Taxestaxes, or any other matter or thing, except as herein expressly set forth, and no rights, easements or licenses are acquired by Concessionaire Tenant by implication or otherwise except as expressly set forth in this Concession Lease. Concessionaire Tenant represents and warrants that it is fully familiar with the Premises and the Building and has thoroughly inspected same. The taking of possession of the Premises by Concessionaire Tenant shall be conclusive evidence as against Concessionaire Tenant that, at the time such possession was so taken, the Premises and LandlordCity’s Work, except for minor details of construction commonly referred to as “punch list” items, as well as the Building items were in good and satisfactory condition, and that all of the Premises and appurtenances thereto that are the subject of this Concession Lease have been received by Concessionaire Tenant.

Appears in 1 contract

Samples: Retail Concession Lease

Condition of the Premises. Tenant has inspected the Premises and agrees (ia) to accept possession of the Premises in the condition which shall exist existing on the Commencement Date “as is”, except as otherwise set forth in this Article 4, and further agrees that, (b) that except for Landlord’s WorkWork described below and except for Landlord’s Contribution, Landlord shall have has no obligation, obligation to perform any work work, supply any materials, incur any expense or make any installations in order alterations or improvements to prepare the Premises for Tenant’s occupancy. Notwithstanding the foregoing, prior to the Commencement Date, Landlord, at its sole cost and expense, shall perform the work set forth on Exhibit C attached hereto (ii) Landlord and Landlord’s agents have made no representationsWork”) using Building standard methods and material and using contractors, warranties subcontractors, laborers, materialmen and suppliers selected by Landlord in its sole and absolute discretion. Any improvements, alterations, additions or promises whatsoever with respect changes to the PremisesPremises other than Landlord’s Work shall be performed by Tenant, the Buildingat its sole cost and expense, the Real Property, the Rents, leases, Taxes, or any other matter or thing, except as herein expressly set forth, and no rights, easements or licenses are acquired by Tenant by implication or otherwise except as expressly set forth in this Lease. Tenant represents and warrants that it is fully familiar accordance with the terms and conditions of Article 5 below. Tenant’s occupancy of any part of the Premises and for the Building and operation of its business therein shall be conclusive evidence, as against Tenant, that Landlord has thoroughly inspected same. The taking of completed any work to be performed by Landlord under this Lease (including, without limitation, Landlord’s Work), Tenant has accepted possession of the Premises by Tenant shall be conclusive evidence as against Tenant that, in its then current condition and at the time such possession was so taken, the Premises and Landlord’s Work, except for minor details of construction commonly referred to as “punch list” items, as well as the Building were in a good and satisfactory condition, and that all of the Premises and appurtenances thereto that are the subject of condition as required by this Lease have been received by TenantLease.

Appears in 1 contract

Samples: Lease Agreement (E2open Inc)

Condition of the Premises. Tenant agrees (ia) to accept possession of the First Additional Premises in the condition which shall exist existing on the Commencement Date “date hereof "as is", and further agrees that, except for subject to performance of Landlord’s 's Work, (b) that neither Landlord shall have no obligation, to perform any work or make any installations in order to prepare the Premises for Tenant’s occupancy, and (ii) Landlord and nor Landlord’s 's agents have made no representations, any representations or warranties or promises whatsoever with respect to the Premises, Premises or the Building, the Real Property, the Rents, leases, Taxes, or any other matter or thing, except as herein expressly set forth, and no rights, easements or licenses are acquired by Tenant by implication or otherwise Building except as expressly set forth herein, and (c) Landlord has no obligation to perform any work, supply any materials, incur any expense or make any alterations or improvements to the Premises except as expressly set forth herein. Notwithstanding the foregoing, Landlord shall perform the following work in this Leasethe First Additional Premises (collectively, "Land1ord's Works") at Landlord's sole cost and expense: perform the work indicated in the Drawing dated September 28, 1999, a copy of which is attached hereto as Exhibit A, using building standard materials and finishes, the colors of the paint and carpeting to be selected by Tenant out of choices given by Landlord. Tenant represents and warrants shall be responsible for doing all other work in the First Additional Premises required for Tenant's occupancy thereof, except for that it work which is fully familiar with specifically identified as being Landlord's Work pursuant to the Premises and the Building and has thoroughly inspected sameterms hereof. The Tenant's taking of possession of the First Additional Premises by Tenant shall be conclusive evidence as against Tenant that, at that the time such possession was so taken, the First Additional Premises and Landlord’s Work, except for minor details of construction commonly referred to as “punch list” items, as well as the Building were then in good order and satisfactory condition, and that all of the Premises and appurtenances thereto that are the subject of this Lease have been received by Tenant.

Appears in 1 contract

Samples: Sublease Agreement (Biosante Pharmaceuticals Inc)

Condition of the Premises. Tenant has inspected the Premises and agrees (ia) to accept possession of each portion of the Premises in the condition which shall exist existing on the respective Rent Commencement Date "as is", but subject to Landlord's obligation to maintain the Premises as expressly provided herein, (b) that neither Landlord nor Landlord's agents have made any representations or warranties with respect to the Premises or the Building except as expressly set forth herein, and further agrees that, (c) except for Landlord’s Work's Contribution described in Exhibit "C" attached hereto, Landlord shall have has no obligation, obligation to perform any work work, supply any materials, incur any expense or make any installations in order alterations or improvements to prepare the Premises for Tenant’s 's occupancy. Tenant's occupancy of any part of the Premises shall be conclusive evidence, as against Tenant, that Tenant has accepted possession of the Premises in its then current condition and (ii) Landlord and Landlord’s agents have made no representationsat the time such possession was taken, warranties or promises whatsoever with respect to the Premises, the Building, the Real Property, the Rents, leases, Taxes, or any other matter or thing, except as herein expressly set forth, and no rights, easements or licenses are acquired by Tenant by implication or otherwise except as expressly set forth in this Lease. Tenant represents and warrants that it is fully familiar with the Premises and the Building were in a good and has thoroughly inspected samesatisfactory condition as required by this Lease. The taking of possession of Tenant agrees and acknowledges that it shall be responsible, at its sole cost and expense, for ensuring that the core hardware to be installed on all doors within the Premises by Tenant shall be conclusive evidence as against Tenant that, at Building Standard lever-type where required by the time such possession was so taken, Americans With Disabilities Act of 1990 (the Premises "ADA") and Landlord’s Work, except for minor details of construction commonly referred to as “punch list” items, as well as bringing the Building were in good and satisfactory condition, and that all of Block Two toilet rooms into compliance with the Premises and appurtenances thereto that are the subject of this Lease have been received by TenantADA.

Appears in 1 contract

Samples: Lease Agreement (Engage Technologies Inc)

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Condition of the Premises. Tenant agrees (i) Subject to accept the completion of the work to be done by LANDLORD under Exhibit "B",TENANT hereby accepts the Premises "AS IS", with all faults, and without any representation or warranties by LANDLORD. TENANT acknowledges that LANDLORD has not promised to make any changes or improvements to the Premises, except for those improvements described in writing and signed by LANDLORD. The entry of the TENANT into the possession of the Premises shall be a conclusive acknowledgment on TENANT's part that the Premises are in good and tenantable condition as far as visual inspection discloses. At the condition expiration, or sooner termination of this lease, TENANT shall deliver the Premises to LANDLORD in a state of repair in which shall exist on the Commencement Date “as is”Premises existed at the commencement of the term hereof, reasonable wear and tear excepted. TENANT warrants that it has inspected the Premises and the suitability of the same for TENANT's purposes, and further agrees thatthat neither LANDLORD, except for Landlord’s Worknor any agent or employee of LANDLORD, Landlord shall have no obligation, to perform has made any work representation or make any installations in order to prepare the Premises for Tenant’s occupancy, and (ii) Landlord and Landlord’s agents have made no representations, warranties or promises whatsoever warranty with respect to the Premises, the Building, size of the Real Property, the Rents, leases, Taxessuite, or any other matter the Building with respect to the suitability of the Building or thing, except as herein expressly set forth, and no rights, easements or licenses are acquired by Tenant by implication or otherwise except as expressly set forth in this Lease. Tenant represents and warrants that it is fully familiar with the Premises and for the Building and has thoroughly inspected same. The taking of possession conduct of the Premises by Tenant shall be conclusive evidence as against Tenant that, at the time such possession was so taken, the Premises and Landlord’s Work, except for minor details of construction commonly referred to as “punch list” items, as well as the Building were in good and satisfactory condition, and that all of the Premises and appurtenances thereto that are the subject of this Lease have been received by TenantTENANT's BUSINESS.

Appears in 1 contract

Samples: Office Building Lease (TMSF Holdings Inc)

Condition of the Premises. Landlord leases to Tenant agrees (i) to accept possession of and Tenant leases from Landlord the Premises in the an “AS IS, WHERE IS, WITH ALL FAULTS” condition which shall exist with no representations or warranties whatsoever and on the Commencement Date “as is”, terms and further agrees that, except for Landlord’s Work, Landlord shall have no obligation, to perform any work or make any installations in order to prepare the Premises for Tenant’s occupancy, and (ii) Landlord and Landlord’s agents have made no representations, warranties or promises whatsoever with respect to the Premises, the Building, the Real Property, the Rents, leases, Taxes, or any other matter or thing, except as herein expressly set forth, and no rights, easements or licenses are acquired by Tenant by implication or otherwise except as expressly conditions set forth in this Lease. Tenant represents and warrants acknowledges that it has occupied the Premises for a substantial period of time prior to the Commencement Date and that Tenant is fully familiar with the Premises and the Building and has thoroughly inspected same. The taking of possession condition of the Premises Premises, and Tenant further acknowledges and agrees that other than as set forth in this Lease: (i) no representations have been or are made, or responsibility assumed by Tenant shall be conclusive evidence as against Tenant that, at the time such possession was so taken, Landlord with respect to the Premises and Landlord’s Workor its operations, or the condition or repair of the Premises, or as to any fact, circumstance, thing or condition which may affect or relate to the Premises, except for minor details as specifically set forth in this Lease; (ii) the Premises are leased in an “AS IS, WHERE IS, WITH ALL FAULTS” condition as of construction commonly referred the Commencement Date; and (iii) Landlord shall have no obligation to as “punch list” itemsalter, as well as restore, improve, repair or develop the Building were in good and satisfactory conditionPremises, and that all further shall have no obligation to remove therefrom any parties or items of personal property, or other trade fixtures or equipment which may be upon the Premises and appurtenances thereto that are the subject of this Lease have been received by TenantPremises.

Appears in 1 contract

Samples: Land and Building Lease Agreement (Titan Global Holdings, Inc.)

Condition of the Premises. Prior to the Possession Date, Landlord shall perform the Landlord Work, as described in Exhibit E-1. Except as expressly provided in Exhibit E-1, Tenant agrees (i) to accept acknowledges that Tenant is leasing the Premises on an “as is, where is” basis. Tenant’s taking possession of the Premises shall be deemed conclusive evidence that, as of the date of taking possession, the Premises were in the condition which shall exist on the Commencement Date “as is”, good order and further agrees thatsatisfactory condition, except for Landlord’s Workreasonable Punchlist Items delivered in accordance with Exhibit E-1. Tenant acknowledges and agrees that Landlord has made no representation or warranty as to whether the Premises, the Building or the Project conforms to the requirements of Law except that Landlord shall have no obligationfurnish a certificate of occupancy for the Landlord Work. No promise of Landlord to alter, to perform any work remodel, repair, or make any installations in order to prepare improve the Premises for Tenant’s occupancyPremises, the Building or the Project, and (ii) Landlord and Landlord’s agents have made no representationsrepresentation, warranties express or promises whatsoever with respect implied, respecting any matter or thing relating to the Premises, the Building, the Real PropertyProject or this Lease (including, without limitation, the Rents, leases, Taxes, or any other matter or thing, except as herein expressly set forth, and no rights, easements or licenses are acquired by condition thereof) have been made to Tenant by implication Landlord or otherwise except its broker or sales agent, other than as may be expressly set forth contained in this Lease. Tenant represents and warrants that it is fully familiar with Promptly following the Premises and the Building and has thoroughly inspected same. The taking of possession of the Premises by Possession Date, Tenant shall be conclusive evidence as against Tenant thatperform Tenant’s Work to the Premises, at the time such possession was so taken, the Premises and Landlord’s Work, except for minor details of construction commonly referred to as “punch list” itemsif any, as well as the Building were described in good and satisfactory condition, and that all of the Premises and appurtenances thereto that are the subject of this Lease have been received by TenantExhibit E-1.

Appears in 1 contract

Samples: Lease (Ecost Com Inc)

Condition of the Premises. Subject to the other provisions of this Section, Concessionaire Tenant agrees (i) to accept possession of the Premises in the condition which that shall exist on the Commencement Date “as is”, and further agrees that, except for LandlordCity’s Work, Landlord City shall have no obligation, to perform any work or make any installations in order to prepare the Premises for TenantConcessionaire Xxxxxx’s occupancy, and (ii) Landlord City and LandlordCity’s agents have made no representations, warranties or promises whatsoever with respect to the Premises, the Building, the Real Property, the Rentsrents, leases, Taxestaxes, or any other matter or thing, except as herein expressly set forth, and no rights, easements or licenses are acquired by Concessionaire Tenant by implication or otherwise except as expressly set forth in this Concession Lease. Concessionaire Tenant represents and warrants that it is fully familiar with the Premises and the Building and has thoroughly inspected same. The taking of possession of the Premises by Concessionaire Tenant shall be conclusive evidence as against Concessionaire Tenant that, at the time such possession was so taken, the Premises and LandlordCity’s Work, except for minor details of construction commonly referred to as “punch list” items, as well as the Building items were in good and satisfactory condition, and that all of the Premises and appurtenances thereto that are the subject of this Concession Lease have been received by Concessionaire Tenant.

Appears in 1 contract

Samples: Food and Beverage Service Concession Lease

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