Condition of the Sublease Premises. (a) Except as set forth in Section 5(c) below, Subtenant agrees that (i) Sublandlord has made no representations or warranties of any kind or nature whatsoever respecting the Sublease Premises or the built-in equipment or personal property located in or serving the Sublease Premises, their condition or suitability for Subtenant’s use; and (ii) Subtenant agrees to accept the Sublease Premises and the built-in equipment and personal property located in or serving the Sublease Premises “as is, where is,” with all faults, without any obligation on the part of Sublandlord to modify, improve or otherwise prepare the Sublease Premises for Subtenant’s occupancy. Subtenant agrees to maintain (at its sole cost and expense) all built-in equipment and personal property located in or serving the Sublease Premises in the same condition and repair as when received, subject to normal wear and tear.
(b) Sublandlord has not made an independent investigation of the Premises or determination with respect to the physical and environmental condition of the Premises including without limitation compliance with The Americans With Disabilities Act, the existence of any underground tanks, pumps, piping, toxic or hazardous substances on the Premises. Subtenant shall rely solely on its own investigations and/or that of a licensed professional specializing in the areas referenced in this Section 5(b).
(c) Sublandlord hereby warrants that as of the Commencement Date all mechanical, plumbing and electrical systems within the portion of the Sublease Premises shown on Exhibit B-1 shall be in good working order and condition. Subtenant shall notify Sublandlord of any non-compliance with the foregoing warranty within 30 days of the Commencement Date and Sublandlord shall promptly repair or correct the defect. Sublandlord’s warranty and obligation to repair in accordance with the foregoing shall expire unless Subtenant notifies Sublandlord of a breach of the warranty within 30 days of the Commencement Date. Sublandlord hereby warrants that as of May 1, 2006 (or, if later, the date of actual delivery of the portion of the Sublease Premises shown on Exhibit B-2) (the “Delivery Date”), all mechanical, plumbing and electrical systems within the portion of the Sublease Premises shown on Exhibit B-2 shall be in good working order and condition. Subtenant shall notify Sublandlord of any non-compliance with the foregoing warranty within 30 days of the Delivery Date and Sublandlord shall promptly rep...
Condition of the Sublease Premises. As Is.
i. Sublessor shall deliver the Sublease Premises to Sublessee with all building structures and systems (including HVAC, electrical, plumbing, roof, window walls, and fire safety) in good operating condition and repair. If, within the first fifteen (15) days after the Rental Commencement Date, Sublessee notifies Sublessor of any defects in the foregoing, Sublessor shall promptly repair and correct the same at Sublessor's sole cost and expense.
ii. Subject to the foregoing, Sublessee hereby agrees to accept possession of the Sublease Premises in its "As Is" condition. Sublessee acknowledges that except as expressly stated in this Sublease:
1. Sublessor makes no warranties or representations regarding the physical condition or zoning of the Sublease Premises or for the suitability of the Sublease Premises for Sublessee's intended use thereof;
2. Sublessee has had an opportunity to inspect the Sublease Premises, including the roof and structural components of the Complex; the electrical, plumbing, HVAC, and other building systems serving the Sublease Premises; and the environmental condition of the Sublease Premises and related common areas; and to hire experts to conduct such inspections on its behalf; and
3. Sublessee is leasing the Sublease Premises based on its own inspection of the Sublease Premises and those of its agents, and is not relying on any statements, representations or warranties of Sublessor or Sublessor's agents regarding the physical condition of the Sublease Premises.
Condition of the Sublease Premises. Subject to the provisions of this Sublease and the Master Lease regarding damage or destruction due to casualty or condemnation, upon the expiration or earlier termination of this Sublease, Sublessee shall surrender the Sublease Premises broom clean and in the same condition and repair as the Sublease Premises were delivered to Sublessee on the Commencement Date, excepting only ordinary wear and tear in accordance with the standards and requirements set forth in Section 15.2 of the Master Lease. Sublessee agrees to repair any damage to the Sublease Premises caused by or related to the removal of any articles of personal property, business or trade fixtures, machinery, equipment, cabinetwork, signs, furniture, movable partitions or permanent improvements or additions which Sublessor allows or requires Sublessee to remove, including, without limitation, repairing the floor and patching and/or painting the walls where required by Sublessor to the reasonable satisfaction of Sublessor and/or Master Lessor, all at Sublessee's sole cost and expense. Sublessee shall indemnify Sublessor against any loss or liability resulting from delay by Sublessee in so surrendering the Sublease Premises, including, without limitation, any claims made by the Master Lessor and/or any succeeding tenant founded on such delay. Such indemnity obligation shall survive the expiration or earlier termination of this Sublease.
Condition of the Sublease Premises. Sublessee agrees to accept the Sublease Premises in its as-is condition, provided that Sublessor shall use commercially reasonable efforts to enforce its rights under the Main Lease to ensure that the Sublease Premises is delivered in the condition required by the Main Lease.
Condition of the Sublease Premises. 4.1 Subtenant represents that it has examined (or waived examination of) the Sublease Premises. Sublandlord has not made and does not make any representations or warranties as to the physical condition of the Sublease Premises (including any latent defects in or to the Sublease Premises), the uses to which the Sublease Premises may be put, or any other matter or thing affecting or relating to the Sublease Premises, except as specifically set forth in this Sublease.
4.2 Subtenant agrees to accept the Sublease Premises in their “AS IS” broom clean condition as of the date hereof as the same may be affected by reasonable wear and tear after the date hereof. Sublandlord shall have no obligation whatsoever to alter, improve, decorate or otherwise prepare the Sublease Premises, or any portion thereof, for Subtenant’s occupancy.
Condition of the Sublease Premises. Sublessee accepts the Sublease Premises and all leasehold improvements in their presently existing condition, “AS IS, WHERE IS”, and Sublessor makes no warranties or representations with respect thereto, including without limitation any warranties of habitability, suitability or fitness for any particular purpose.
Condition of the Sublease Premises. A. It is understood and agreed that all understandings and agreements heretofore had between the parties are merged in this Sublease, which alone fully and completely expresses their agreements, and that the same are entered into after full investigation, neither party relying upon any statement or representation made by the other and not embodied in this Sublease. Subtenant agrees to accept possession of the Demised Premises in "as is" and "where is" condition on the date hereof and Sublandlord is not required to perform work of any kind, nature or description to prepare the Sublease Premises for Subtenant's occupancy.
B. Subtenant acknowledges and agrees that any and all alterations, installations, renovations or other items of work necessary to prepare the Sublease Premises for Subtenant's initial occupancy ("Subtenant's Work") shall be performed by Subtenant (subject to the applicable provisions of the Overlease), at Subtenant's sole cost and expense.
Condition of the Sublease Premises. Subtenant represents and warrants that Subtenant has reviewed the Sublease Premises and has independently determined that the Sublease Premises are suitable for its intended uses. SUBTENANT ACCEPTS THE SUBLEASE PREMISES "AS IS, WHERE IS," WITHOUT REPRESENTATION OR WARRANTY BY SUBLANDLORD. ALL OTHER REPRESENTATIONS AND WARRANTIES OF SUBLANDLORD, EXPRESS OR IMPLIED, ARE EXCLUDED. Sublandlord will not be required to make any improvements to the Premises or Sublease Premises, or to provide any tenant improvement or other allowance to Subtenant.
Condition of the Sublease Premises. Sublessor shall deliver the Sublease Premises to Sublessee (a) with all carpets, walls and ceilings in good repair, (b) in broom-clean condition, and (c) with the roof, electrical, HVAC, plumbing and other building systems (collectively, the "BUILDING SYSTEMS") in good repair; and Sublessee thereupon shall accept possession of the Sublease Premises in its "As Is" condition. If during the Sublease Term the Building Systems are found not to be in good repair, then, to the extent repairs of such Building Systems are the responsibility of Sublessor under the terms of the Master Lease and are not otherwise necessitated by the act, neglect or fault of Sublessee, or its agents, employees, invitees, visitors or contractors, Sublessor shall cause the same to be corrected at its own expense promptly after receiving written notice from Sublessee to do so.
Condition of the Sublease Premises. Upon the expiration or earlier termination of this Sublease, Sublessee shall surrender the Sublease Premises broom clean and in good condition and repair, excepting only ordinary wear and tear and damage by fire, earthquake, act of God or the elements. Sublessee shall repair any damage to the Sublease Premises, or the building of which the Sublease Premises are a part, caused by or related to the removal of any articles of personal property, business or trade fixtures, machinery, equipment, cabinetwork, signs, furniture, movable partitions or permanent improvements or additions which Sublessor allows or requires Sublessee to remove, including, without limitation, repairing the floor and patching and/or painting the walls where required by Sublessor to the reasonable satisfaction of Sublessor and/or Master Lessor, all at Sublessee's sole cost and expense. Sublessee shall indemnify Sublessor against any loss or liability resulting from delay by Sublessee in so surrendering the Sublease Premises, including, without limitation, any claims made by the Master Lessor and/or any succeeding tenant founded on such delay. Such indemnity obligation shall survive the expiration or earlier termination of this Sublease.
