Common use of Conditions of the Premises Clause in Contracts

Conditions of the Premises. Landlord agrees to deliver to Tenant possession of the Expansion Premises on the Effective Date in its then current condition, i.e., “AS IS” and “WITH ALL FAULTS” and “WITHOUT WARRANTY, EXPRESS OR IMPLIED”. Notwithstanding the foregoing, Landlord shall provide Tenant with an allowance of Thirty-Two and No/100 Dollars ($32.00) per square foot of Net Rentable Area of the Expansion Premises (the “Expansion Premises Allowance”) for construction of Improvements (as defined in the Lease) in the Expansion Premises such that the total allowance for construction of Improvements in the Leased Premises is $3,386,192.00. The construction of Improvements in the Expansion Premises and the distribution of the Expansion Premises Allowance shall be otherwise governed by Exhibit G of the Lease. Landlord and Tenant each agree that this First Amendment and the Lease constitute the entire agreement of the parties and there were no verbal representations, warranties or understandings pertaining to this First Amendment. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THE LEASE TO THE CONTRARY, 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 LEASED PREMISES AND/OR THE LEASEHOLD IMPROVEMENTS LOCATED THEREIN.

Conditions of the Premises. Landlord agrees to deliver to Tenant possession of the Expansion Premises on the Effective Date in its then current condition, i.e., “AS IS” and “WITH ALL FAULTS” and “WITHOUT WARRANTY, EXPRESS OR IMPLIED”. Notwithstanding the foregoing, Landlord shall provide Tenant with an allowance of Thirty-Two Four and No/100 Dollars ($32.0034.00) per square foot of Net Rentable Area of the Expansion Premises (the “Expansion Premises Allowance”) for construction of Improvements (as defined in the Lease) in the Expansion Premises such that the total allowance for construction of Improvements in the Leased Premises is $3,386,192.004,049,396.00. The construction of Improvements in the Expansion Premises and the distribution of the Expansion Premises Allowance shall be otherwise governed by Exhibit G of the Lease. Landlord and Tenant each agree that this First Second Amendment and the Lease constitute the entire agreement of the parties and there were no verbal representations, warranties or understandings pertaining to this First Second Amendment. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THE LEASE TO THE CONTRARY, 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 LEASED PREMISES AND/OR THE LEASEHOLD IMPROVEMENTS LOCATED THEREIN.