Common use of Delivery and Acceptance of Premises Clause in Contracts

Delivery and Acceptance of Premises. As of the completion of the work described in this Section 1.4, the Premises and the Public Areas shall be in good working order and condition and in compliance with applicable Legal Requirements. Following the Commencement Date, Landlord shall provide, at Landlord’s expense, (i) Complex-standard window blinds or treatments for windows in the Premises, (ii) new carpet and paint in the cafeteria located on the first (1st) floor of the Building and in the common corridor of the first (1st) floor of the Building; (iii) a replaced DDC HVAC control system in the Building; (iv) installation of roof drains to alleviate ponding on the roof of the Building, and (v) upgraded countertops and faucets with touchless fixtures in the restrooms located on the first (1st) and second (2nd) floors of the Building in accordance with the specifications therefor set forth in Exhibit H attached hereto and made a part hereof (the work described in this clause (v) being referred to as the “Restroom Upgrades”). In addition, Landlord shall make improvements to the finishes, furniture and lighting in the lobby of the Building as required by Tenant, not exceeding a total cost of $7,000.00. The work to be performed by Landlord described above shall be coordinated by Landlord with Tenant’s architect and Landlord shall use commercially reasonable efforts to perform such work by April 1, 2014. If Landlord has not completed the Restroom Upgrades by June 1, 2014, Tenant shall be entitled to perform the uncompleted Restroom Upgrades and shall receive a credit against the Rent (as hereinafter defined) payable by Tenant under this Lease in the amount of the actual reasonable out-of-pocket costs incurred by Tenant in so completing the Restroom Upgrades. Landlord shall be responsible, at its sole cost and expense, to deliver the Premises and Public Areas of the Building and all Building Systems in full compliance with applicable Legal Requirements, and in good working order and condition; Tenant’s Allowance (as hereinafter defined) will not be applied to the cost of any work required to satisfy the foregoing requirement.

Delivery and Acceptance of Premises. As of the completion of the work described in this Section 1.4, Lessor shall deliver the Premises to Lessee clean and free of debris, on the Public Areas Commencement Date (unless Lessee is already in possession), and Lessor further warrants to Lessee that the Common Facilities referred to in Article 6, plumbing, healing, air conditioning, ventilating, electrical, lighting facilities and equipment with the Premises, fixtures, walls (interior and exterior), foundations, ceilings, roofs, floors, windows, access doors, loading doors, plate glass and skylights shall be in good working order and operating condition and in compliance with applicable Legal Requirements. Following on the Commencement Date. In the event that it is determined that this warranty has been violated, Landlord then it shall providebe the obligation of the Lessor, after receipt of written notice from Lessee setting forth with specificity the nature of the violation, to promptly, at Landlord’s expenseLessor's sole cost, rectify such violation. Lessee's failure to give such written notice to Lessor within six (i6) Complex-standard window blinds months after the Commencement Date shall cause the conclusive presumption that Lessor has complied with all of Lessor's obligations hereunder. The warranty contained in this Section shall be of no force or treatments for windows effect if prior to the date of This Lease Lessee was the owner or occupant of the Premises. Except as otherwise provided in this Lease, Lessee hereby accepts the Premises in their condition existing as of the Commencement Date or the date that Lessee takes possession of the Premises, (ii) new carpet whichever is earlier, subject to all applicable zoning, municipal, county and paint in state laws, ordinances and regulations governing and regulating the cafeteria located on the first (1st) floor use of the Building and in the common corridor of the first (1st) floor of the Building; (iii) a replaced DDC HVAC control system in the Building; (iv) installation of roof drains to alleviate ponding on the roof of the Building, and (v) upgraded countertops and faucets with touchless fixtures in the restrooms located on the first (1st) and second (2nd) floors of the Building in accordance with the specifications therefor set forth in Exhibit H attached hereto and made a part hereof (the work described in this clause (v) being referred to as the “Restroom Upgrades”). In addition, Landlord shall make improvements to the finishes, furniture and lighting in the lobby of the Building as required by Tenant, not exceeding a total cost of $7,000.00. The work to be performed by Landlord described above shall be coordinated by Landlord with Tenant’s architect and Landlord shall use commercially reasonable efforts to perform such work by April 1, 2014. If Landlord has not completed the Restroom Upgrades by June 1, 2014, Tenant shall be entitled to perform the uncompleted Restroom Upgrades and shall receive a credit against the Rent (as hereinafter defined) payable by Tenant under this Lease in the amount of the actual reasonable out-of-pocket costs incurred by Tenant in so completing the Restroom Upgrades. Landlord shall be responsible, at its sole cost and expense, to deliver the Premises and Public Areas any covenants or restrictions of record, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Lessee acknowledges that neither Lessor nor Lessor's agent has made any representation or warranty as to the present or future suitability of the Building and all Building Systems in full compliance with applicable Legal Requirements, and in good working order and condition; Tenant’s Allowance (as hereinafter defined) will not be applied to Premises for the cost conduct of any work required to satisfy the foregoing requirementLessee's business.

Delivery and Acceptance of Premises. As of the completion of the work described Subject to Landlord’s express representations, warranties and covenants in this Section 1.4Lease (collectively, the Premises and the Public Areas shall be in good working order and condition and in compliance with applicable Legal Requirements. Following the Commencement Date“Landlord’s Warranties”), Landlord shall providedeliver the Premises to Tenant in its As-Is condition for Tenant’s installation of Tenant Improvements therein in accordance with the provisions of Exhibit “C” attached hereto within one (1) business day after the mutual execution and delivery of this Lease (the actual date of delivery of the Premises to Tenant, at the “Delivery Date”), and Tenant shall accept the Premises in its As-Is condition for Tenant’s use and occupancy and improvement thereof in accordance with this Lease, subject to Landlord’s expenseWarranties, including Landlord’s obligation to perform the Landlord’s Work (i) Complex-standard window blinds as defined in Section 1.1 of Exhibit “C” attached hereto). The parties anticipate that the Delivery Date will occur on or treatments for windows before December 1, 2008. Except as otherwise expressly provided in this Lease, Landlord shall have no obligation to repair, restore, renovate or improve the Premises. If there are latent defects in the PremisesPremises or any part thereof, Tenant shall be deemed to have accepted same unless Tenant notifies Landlord thereof within six (ii6) new carpet and paint months after Tenant obtains actual knowledge of such defect(s). Landlord shall have no responsibility to correct or liability with respect to any latent defects in any portion of the Tenant Improvements or Alterations (as defined in Section 10.2 below) installed by a contractor of Tenant, but shall be responsible for repair of or liable for latent defects in the cafeteria located on the first (1st) floor of the Building core and in the common corridor of the first (1st) floor of the Building; (iii) a replaced DDC HVAC control system in the Building; (iv) installation of roof drains to alleviate ponding on the roof shell of the Building, and (v) upgraded countertops and faucets subject to all applicable statutes of limitation. Except as otherwise expressly provided in this Lease, Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with touchless fixtures in respect to the restrooms located on Premises, the first (1st) and second (2nd) floors Building or any other portion of the Project, including without limitation, any representation or warranty with respect to the suitability or fitness of the Premises, the Building or any other portion of the Project for the conduct of Tenant’s business. Nothing in accordance with this Section 1.2 shall modify, diminish or otherwise affect the specifications therefor repair and maintenance obligations of Landlord and Tenant set forth in Exhibit H attached hereto Sections 9.1 and made a part hereof (the work described in this clause (v) being referred to as the “Restroom Upgrades”). In addition, Landlord shall make improvements to the finishes, furniture and lighting in the lobby of the Building as required by Tenant, not exceeding a total cost of $7,000.00. The work to be performed by Landlord described above shall be coordinated by Landlord with Tenant’s architect and Landlord shall use commercially reasonable efforts to perform such work by April 1, 2014. If Landlord has not completed the Restroom Upgrades by June 1, 2014, Tenant shall be entitled to perform the uncompleted Restroom Upgrades and shall receive a credit against the Rent (as hereinafter defined) payable by Tenant under this Lease in the amount of the actual reasonable out-of-pocket costs incurred by Tenant in so completing the Restroom Upgrades. Landlord shall be responsible, at its sole cost and expense, to deliver the Premises and Public Areas of the Building and all Building Systems in full compliance with applicable Legal Requirements, and in good working order and condition; Tenant’s Allowance (as hereinafter defined) will not be applied to the cost of any work required to satisfy the foregoing requirement9.2 below.

Delivery and Acceptance of Premises. As of the completion of the work described in this Section 1.4, Landlord shall deliver the Premises to Tenant, on the Commencement Date (unless Tenant is already in possession), and Landlord further warrants to Tenant that the Public Areas Common Facilities referred to in Article 6, (i.e. plumbing, heating, air conditioning, ventilating, electrical, lighting facilities and equipment within the Building, fixtures, walls, foundations, ceilings, roofs, floors, windows, access doors, loading doors, plate glass and skylights) shall be in good working order and operating condition and in compliance on the Commencement Date. In the event that it is determined that this warranty has been violated, then it shall be the obligation of the Landlord, after receipt of written notice from Tenant setting forth with applicable Legal Requirementsspecificity the nature of the violation, to promptly, at Landlord's sole cost, rectify such violation. Following Tenant's failure to give such written notice to Landlord within six (6) months after the Commencement Date shall cause the conclusive presumption that Landlord has complied with all of Landlord's obligations hereunder unless said defect cannot be ascertained within six (6) months of the Commencement Date, in which case Tenant shall notify Landlord shall provideof such defect within thirty (30) days of detection of the defect or notice of a violation of the aforementioned warranties. Except as otherwise provided in this Lease, at Landlord’s expense, (i) Complex-standard window blinds Tenant hereby accepts the Premises in their existing condition as of the Commencement Date or treatments for windows in the date that Tenant takes possession of the Premises, (ii) new carpet whichever is earlier, subject to all applicable zoning, municipal, county and paint in state laws, ordinances and regulations governing and regulating the cafeteria located on the first (1st) floor use of the Building and in the common corridor of the first (1st) floor of the Building; (iii) a replaced DDC HVAC control system in the Building; (iv) installation of roof drains to alleviate ponding on the roof of the Building, and (v) upgraded countertops and faucets with touchless fixtures in the restrooms located on the first (1st) and second (2nd) floors of the Building in accordance with the specifications therefor set forth in Exhibit H attached hereto and made a part hereof (the work described in this clause (v) being referred to as the “Restroom Upgrades”). In addition, Landlord shall make improvements to the finishes, furniture and lighting in the lobby of the Building as required by Tenant, not exceeding a total cost of $7,000.00. The work to be performed by Landlord described above shall be coordinated by Landlord with Tenant’s architect and Landlord shall use commercially reasonable efforts to perform such work by April 1, 2014. If Landlord has not completed the Restroom Upgrades by June 1, 2014, Tenant shall be entitled to perform the uncompleted Restroom Upgrades and shall receive a credit against the Rent (as hereinafter defined) payable by Tenant under this Lease in the amount of the actual reasonable out-of-pocket costs incurred by Tenant in so completing the Restroom Upgrades. Landlord shall be responsible, at its sole cost and expense, to deliver the Premises and Public Areas any covenants or restrictions of record, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Tenant acknowledges that neither Landlord nor Landlord's agent has made any representation or warranty as to the present or future suitability of the Building and all Building Systems in full compliance with applicable Legal Requirements, and in good working order and condition; Premises for the conduct of Tenant’s Allowance (as hereinafter defined) will not be applied to the cost of any work required to satisfy the foregoing requirement's business.

Delivery and Acceptance of Premises. As Landlord covenants and agrees to deliver possession of the completion of Premises to Tenant on or before the work described in this Section 1.4, Delivery Deadline. Landlord shall deliver and Tenant shall accept the Premises in its existing condition on an “as is” basis without representation or warranty of any kind except (a) Landlord represents that the loading dock doors and the Public Areas shall be dock packages are in good working order on the Delivery Date; (b) the representations and condition warranties with regard to HVAC contained in Section 8.3 hereof and in compliance with applicable Legal Requirements(c) as expressly provided herein. Following Notwithstanding the Commencement Dateforegoing, Landlord shall providemay, at Landlord’s expensebut is not obligated to, (i) Complex-standard window blinds or treatments for windows remove the items listed in Section 1 of Exhibit C from the Premises, (ii) new carpet and paint in Premises before the cafeteria located on the first (1st) floor of the Building and in the common corridor of the first (1st) floor of the Building; (iii) a replaced DDC HVAC control system in the Building; (iv) installation of roof drains to alleviate ponding on the roof of the Building, and (v) upgraded countertops and faucets with touchless fixtures in the restrooms located on the first (1st) and second (2nd) floors of the Building in accordance with the specifications therefor set forth in Exhibit H attached hereto and made a part hereof (the work described in this clause (v) being referred to as the “Restroom Upgrades”). In addition, Landlord shall make improvements to the finishes, furniture and lighting in the lobby of the Building as required by Tenant, not exceeding a total cost of $7,000.00. The work to be performed by Landlord described above shall be coordinated by Landlord with Tenant’s architect and Landlord shall use commercially reasonable efforts to perform such work by April 1, 2014Delivery Date. If Landlord has not completed fails to deliver possession of the Restroom Upgrades Premises in the condition required hereunder by June 1the Delivery Deadline (subject to Force Majeure), 2014then, for each day of delay thereafter, Tenant shall be entitled to perform a credit of one (1) day of free Rent against Base Rent due after the uncompleted Restroom Upgrades Rent Commencement Date. Notwithstanding any other provisions of this Lease to the contrary, Tenant shall have the right to terminate this Lease without further obligation to Landlord in the event Landlord fails to deliver possession of the Premises in the condition required hereunder by August 1, 2019, by giving written notice to Landlord of such termination at any time after such failure and before Landlord delivers the Premises. If this Lease is terminated as provided above, both parties shall automatically be released from any further liability or obligation whatsoever arising out of or based upon this Lease, except any obligation that specifically survives termination. Tenant shall not occupy the Premises prior to the Delivery Date unless the Landlord’s written consent is obtained. Prior to any occupancy by the Tenant of the Premises, Tenant shall provide notice of its occupancy to Landlord. Tenant shall be subject to all terms and conditions of this Lease during occupancy of the Premises, shall pay all utility costs incurred during occupancy and shall receive insure the Premises as required under this Lease, provided, however, Tenant shall not be required to pay Operating Costs or Real Estate Taxes (except the one-time payment provided in Section 5.3) for the period from the Delivery Date to Rent Commencement Date. Within ten (10) days of Landlord’s request, Landlord and Tenant shall execute a credit against ratification agreement that shall confirm the Delivery Date, the Rent (as hereinafter defined) payable by Tenant under Commencement Date and the expiration date of the Term of this Lease Lease, shall acknowledge the Base Rent, delivery of the Premises in the amount condition required by this Lease, Tenant’s Plans, and the status of the actual reasonable out-of-pocket costs incurred by Tenant in so completing the Restroom Upgrades. Landlord shall be responsible, at its sole cost and expense, to deliver the Premises and Public Areas payment of the Building Tenant Allowance, consistent with the terms and all Building Systems in full compliance with applicable Legal Requirements, and in good working order and condition; Tenant’s Allowance (as hereinafter defined) will not be applied to the cost conditions of any work required to satisfy the foregoing requirementthis Lease.

Delivery and Acceptance of Premises. As of the completion of the work described in this Section 1.4, Landlord shall deliver the Premises to Tenant, on the Commencement Dates set forth in Section 1.8, and Landlord further warrants to Tenant that the Public Areas Common Facilities referred to in Article 6, (i.e. plumbing, heating, air conditioning, ventilating, electrical, lighting facilities and equipment within the Building, fixtures, walls, foundations, ceilings, roofs, floors, windows, access doors, loading doors, plate glass and skylights) shall be in good working order and operating condition and in compliance with applicable Legal Requirements. Following on the Commencement Date. In the event that it is determined that this warranty has been violated, Landlord then it shall providebe the obligation of the Landlord, after receipt of written notice from Tenant setting forth with specificity the nature of the violation, to promptly, at Landlord’s expense's sole cost, rectify such violation. Tenant's failure to give such written notice to Landlord within six (i6) Complex-standard window blinds months after the corresponding Commencement Date shall cause the conclusive presumption that Landlord has complied with all of Landlord's obligations regarding the delivery of the Premises as set forth in this Section 2.2, unless said defect cannot be ascertained within six (6) months of that Commencement Date, in which case Tenant shall notify Landlord of such defect within thirty (30) days of detection of the defect or treatments for windows notice of a violation of the aforementioned warranties. Except as otherwise provided in this Lease, Tenant hereby accepts the Premises in their existing condition (punch list items excepted) as of the corresponding Commencement Date or the date that Tenant takes possession of the Premises, (ii) new carpet whichever is earlier, subject to all applicable zoning, municipal, county and paint in state laws, ordinances and regulations governing and regulating the cafeteria located on the first (1st) floor use of the Building and in the common corridor of the first (1st) floor of the Building; (iii) a replaced DDC HVAC control system in the Building; (iv) installation of roof drains to alleviate ponding on the roof of the Building, and (v) upgraded countertops and faucets with touchless fixtures in the restrooms located on the first (1st) and second (2nd) floors of the Building in accordance with the specifications therefor set forth in Exhibit H attached hereto and made a part hereof (the work described in this clause (v) being referred to as the “Restroom Upgrades”). In addition, Landlord shall make improvements to the finishes, furniture and lighting in the lobby of the Building as required by Tenant, not exceeding a total cost of $7,000.00. The work to be performed by Landlord described above shall be coordinated by Landlord with Tenant’s architect and Landlord shall use commercially reasonable efforts to perform such work by April 1, 2014. If Landlord has not completed the Restroom Upgrades by June 1, 2014, Tenant shall be entitled to perform the uncompleted Restroom Upgrades and shall receive a credit against the Rent (as hereinafter defined) payable by Tenant under this Lease in the amount of the actual reasonable out-of-pocket costs incurred by Tenant in so completing the Restroom Upgrades. Landlord shall be responsible, at its sole cost and expense, to deliver the Premises and Public Areas any covenants or restrictions of record, and accepts this Lease subject thereto as to all matters disclosed thereby and by any exhibits attached hereto. Tenant acknowledges that neither Landlord nor Landlord's agent has made any representation or warranty as to the present or future suitability of the Building and all Building Systems in full compliance with applicable Legal Requirements, and in good working order and condition; Premises for the conduct of Tenant’s Allowance (as hereinafter defined) will not be applied to the cost of any work required to satisfy the foregoing requirement's business.

Delivery and Acceptance of Premises. As of the completion of the work described in this Section 1.4, Lessor shall deliver the Premises to Lessee clean and free of debris, on the Public Areas Commencement Date (unless Lessee is already in possession), and Lessor further warrants to Lessee that the Common Facilities referred to in Article 6, plumbing, heating, air conditioning, ventilating, electrical, lighting facilities and equipment with the Premises, fixtures, walls (interior and exterior), foundations, ceilings, roofs, floors, windows, access doors, loading doors, plate glass and skylights shall be in good working order and operating condition and in compliance with applicable Legal Requirements. Following on the Commencement Date. In the event that it is determined that this warranty has been violated, Landlord then it shall providebe the obligation of the Lessor, after receipt of written notice from Lessee setting forth with specificity the nature of the violation, to promptly, at Landlord’s expenseLessor's sole cost, rectify such violation. Lessee's failure to give such written notice to Lessor within six (i6) Complex-standard window blinds months after the Commencement Date shall cause the conclusive presumption that Lessor has complied with all of Lessor's obligations hereunder. The warranty contained in this Section shall be of no force or treatments for windows effect if prior to the date of this Lease Lessee was the owner or occupant of the Premises. Except as otherwise provided in this Lease, Lessee hereby accepts the Premises in their condition existing as of the Commencement Date or the date that Lessee takes possession of the Premises, (ii) new carpet whichever is earlier, subject to all applicable zoning, municipal, county and paint in state laws, ordinances and regulations governing and regulating the cafeteria located on the first (1st) floor use of the Building and in the common corridor of the first (1st) floor of the Building; (iii) a replaced DDC HVAC control system in the Building; (iv) installation of roof drains to alleviate ponding on the roof of the Building, and (v) upgraded countertops and faucets with touchless fixtures in the restrooms located on the first (1st) and second (2nd) floors of the Building in accordance with the specifications therefor set forth in Exhibit H attached hereto and made a part hereof (the work described in this clause (v) being referred to as the “Restroom Upgrades”). In addition, Landlord shall make improvements to the finishes, furniture and lighting in the lobby of the Building as required by Tenant, not exceeding a total cost of $7,000.00. The work to be performed by Landlord described above shall be coordinated by Landlord with Tenant’s architect and Landlord shall use commercially reasonable efforts to perform such work by April 1, 2014. If Landlord has not completed the Restroom Upgrades by June 1, 2014, Tenant shall be entitled to perform the uncompleted Restroom Upgrades and shall receive a credit against the Rent (as hereinafter defined) payable by Tenant under this Lease in the amount of the actual reasonable out-of-pocket costs incurred by Tenant in so completing the Restroom Upgrades. Landlord shall be responsible, at its sole cost and expense, to deliver the Premises and Public Areas any covenants or restrictions of record, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Lessee acknowledges that neither Lessor nor Lessor's agent has made any representation or warranty as to the present or future suitability of the Building and all Building Systems in full compliance with applicable Legal Requirements, and in good working order and condition; Tenant’s Allowance (as hereinafter defined) will not be applied to Premises for the cost conduct of any work required to satisfy the foregoing requirementLessee's business.

Delivery and Acceptance of Premises. As 3.01. The Commencement Date shall be the earlier of (a) the date the Premises are deemed available for occupancy pursuant to Section 3.02 hereof, or (b) the date Tenant, or anyone claiming by, through or under Tenant, occupies any portion of the completion Premises for the purpose of the work described in this Section 1.4, conduct of Tenant’s (or such other person’s) business therein. Notwithstanding the Premises and the Public Areas shall be in good working order and condition and in compliance with applicable Legal Requirements. Following the Commencement Dateforegoing, Landlord shall provide, at Landlord’s expense, (i) Complex-standard window blinds or treatments for windows and Tenant acknowledge and agree that Tenant intends to construct Leasehold Improvements in the Premises, (ii) new carpet and paint in the cafeteria located on portion of the first (1st) floor of the Building and in the common corridor of the first (1st) floor of the Building; (iii) a replaced DDC HVAC control system in the Building; (iv) installation of roof drains to alleviate ponding on the roof of the Building, and (v) upgraded countertops and faucets with touchless fixtures in the restrooms located on the first (1st) and second (2nd) floors C Wing of the Building in accordance with which Tenant’s reception area, operations laboratory and server rooms shall be located and the specifications therefor set forth in Exhibit H attached hereto and made a part hereof entire third floor of the C Wing of the Building (the work described in this clause (v) being referred to as collectively, the “Restroom UpgradesFirst Phase Leasehold Improvements”) prior to the construction of Leasehold Improvements in the remainder of the Premises. (The Leasehold Improvements to be constructed in the remainder of the Premises shall be herein called the “Remaining Leasehold Improvements”). In additionUntil the earlier of (a) the date the portion of the Premises in which the Remaining Leasehold Improvements are situated are deemed available for occupancy pursuant to Section 3.02 hereof, Landlord or (b) the date Tenant, or anyone claiming by, through or under Tenant, occupies any portion of the Premises in which the Remaining Leasehold Improvements are situated for the purpose of the conduct of Tenant’s (or such person’s) business therein (such earlier date being herein called the “Final Commencement Date”), Tenant’s obligation to pay Rent pursuant to Section 4.01 shall make improvements be limited to the finishes, furniture and lighting in the lobby portion of the Building as required by Tenant, not exceeding a total cost of $7,000.00Premises in which the First Phase Leasehold Improvements are situated. The work to be performed by Landlord described above Rent for the entire Premises shall be coordinated by Landlord with Tenant’s architect commence on the Final Commencement Date. Tenant and Landlord shall use commercially reasonable efforts to perform such work by April have targeted an October 18, 2004, Commencement Date for the portion of the Premises in which the First Phase Leasehold Improvements are situated and a December 1, 20142004 Final Commencement Date. If Tenant and Landlord has not completed the Restroom Upgrades by June 1have targeted an October 18, 2014, Tenant shall be entitled to perform the uncompleted Restroom Upgrades and shall receive a credit against the Rent (as hereinafter defined) payable by Tenant under this Lease in the amount of the actual reasonable out-of-pocket costs incurred by Tenant in so completing the Restroom Upgrades. Landlord shall be responsible, at its sole cost and expense, to deliver the 2005 Must Take Premises and Public Areas of the Building and all Building Systems in full compliance with applicable Legal Requirements, and in good working order and condition; Tenant’s Allowance (as hereinafter defined) will not be applied to the cost of any work required to satisfy the foregoing requirementCommencement Date.

Delivery and Acceptance of Premises. As 3.1 The Commencement Date shall be the later of (a) July 1, 2004 or (b) the date Landlord delivers possession of the completion of the work described in this Section 1.4, the Premises and the Public Areas to Tenant. The Commencement Date shall be confirmed, along with other matters, by written notice sent by Landlord substantially in good working order the form of Exhibit E attached hereto (the “Commencement Notice”). From and condition after the Effective Date and in compliance with applicable Legal Requirements. Following prior to the Commencement Date, Tenant may have access to the Premises for the purpose of performing the Leasehold Improvements, subject to all of the terms and conditions of this Lease, including Exhibit D attached hereto, except that Tenant shall have no obligation to pay Rent prior to the Commencement Date of this Lease. In consideration of Tenant entering into this Lease and as an inducement to lease the Premises for the Term, Landlord shall providehereby represents, at warrants and covenants that to Landlord’s expenseknowledge, there are no lawsuits or proceedings currently pending against (i) Complex-standard window blinds Landlord or treatments for windows (ii) all or any portion of the Project, whether involving eminent domain or otherwise, which would in either (i) or (ii) above affect all or any portion of the Project or Tenant’s use and enjoyment of thereof. Notwithstanding anything contained herein to the contrary, in the event Landlord fails to deliver possession of the Premises to Tenant, consisting of delivering keys and providing full access to the Premises, (ii) new carpet and paint in the cafeteria located on the first (1st) floor of the Building and in the common corridor of the first (1st) floor of the Building; (iii) a replaced DDC HVAC control system in the Building; (iv) installation of roof drains to alleviate ponding on the roof of the Buildingor before July 30, and (v) upgraded countertops and faucets with touchless fixtures in the restrooms located on the first (1st) and second (2nd) floors of the Building in accordance with the specifications therefor set forth in Exhibit H attached hereto and made a part hereof (the work described in 2004, Tenant may thereafter at any time terminate this clause (v) being referred to as the “Restroom Upgrades”). In addition, Landlord shall make improvements Lease prior to the finishes, furniture and lighting in the lobby of the Building as required by Tenant, not exceeding a total cost of $7,000.00. The work to be performed by date Landlord described above shall be coordinated by Landlord with Tenant’s architect and Landlord shall use commercially reasonable efforts to perform such work by April 1, 2014. If Landlord has not completed the Restroom Upgrades by June 1, 2014, Tenant shall be entitled to perform the uncompleted Restroom Upgrades and shall receive a credit against the Rent (as hereinafter defined) payable by Tenant under this Lease in the amount of the actual reasonable out-of-pocket costs incurred by Tenant in does so completing the Restroom Upgrades. Landlord shall be responsible, at its sole cost and expense, to deliver the Premises and Public Areas of the Building and all Building Systems in full compliance with applicable Legal Requirements, and in good working order and condition; Tenant’s Allowance (as hereinafter defined) will not be applied to the cost of any work required to satisfy the foregoing requirementpossession.

Delivery and Acceptance of Premises. As of the completion of the work described in this Section 1.4, the Premises and the Public Areas shall be in good working order and condition and in compliance with applicable Legal Requirements. Following the Commencement Date, Landlord shall provide, at Landlord’s expense, (i) Complex-standard window blinds or treatments for windows in the Premises, (ii) new carpet and paint in the cafeteria located on the first (1st) floor of the Building and in the common corridor of the first (1st) floor of the Building; (iii) a replaced DDC HVAC control system in the Building; (iv) installation of roof drains to alleviate ponding on the roof of the Building, and (v) upgraded countertops and faucets with touchless fixtures in the restrooms located on the first (1st) and second (2nd) floors of the Building in accordance with the specifications therefor set forth in Exhibit H attached hereto and made a part hereof (the work described in this clause (v) being referred to as the “Restroom Upgrades”). In addition, Landlord shall make improvements to the finishes, furniture and lighting in the lobby of the Building as required by Tenant, not exceeding a total cost of $7,000.00. The work to be performed by Landlord described above shall be coordinated by Landlord with Tenant’s architect and Landlord shall use commercially reasonable efforts to perform such work by April 1, 2014. If Landlord has not completed the Restroom Upgrades by June 1, 2014, Tenant shall be entitled to perform the uncompleted Restroom Upgrades and shall receive a credit against the Rent (as hereinafter defined) payable by Tenant under this Lease in the amount of the actual reasonable out-of-pocket costs incurred by Tenant in so completing the Restroom Upgrades. Landlord shall be responsible, at its sole cost and expense, to deliver the Premises and Public to Tenant, on or before the Commencement Date as set forth in Section 3.1 with the Building Common Areas (defined in Section 6) in good operating condition. In the event it is reasonably determined that the Building Common Areas are not in good operating condition, then it shall be the obligation of the Building Landlord, after receipt of written notice from Tenant setting forth with specificity the nature of the problem, to promptly rectify such violation at Landlord’s sole cost. Tenant’s failure to give such written notice to Landlord within six (6) months after the Commencement Date shall cause the conclusive presumption that Landlord has complied with Landlord’s obligations hereunder unless said defect cannot be ascertained within six (6) months of the Commencement Date, in which case Tenant shall notify Landlord of such defect within thirty (30) days of detection of the defect. Except as otherwise provided in this Lease, Tenant accepts the Premises in their existing condition as of the Commencement Date, or alternatively, the date that Tenant receives possession for the construction of its improvements. Landlord warrants that the Premises are zoned for commercial office and all Building Systems light industrial use, and that on the date of delivery of possession of the Premises to Tenant, the Premises shall be in full compliance with applicable Legal Requirementslaws, ordinances, regulations and governmental requirements relating to its use for commercial office and/or light industrial use, as the case may be. Tenant receives the Premises subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating Tenant’s use of the Premises. Tenant is responsible for determining the functionality, design and compatibility of the Premises for its intended use. Landlord reserves the right to control the use of the exterior walls, roof, and areas above and below the Building, and retains the right to install, maintain, use, repair, and replace structural elements and utility equipment, including, but not limited to, pipes, ducts, conduits, wires, and appurtenant fixtures in, under, over, and through the Premises, in good working order and condition; locations that will not materially interfere with Tenant’s Allowance (as hereinafter defined) will not be applied to quiet use and enjoyment of the cost of any work required to satisfy the foregoing requirementPremises.

Delivery and Acceptance of Premises. As of the completion of the work described in this Section 1.4, Lessor shall deliver the Premises to Lessee clean and free of debris, on the Public Areas Commencement Date (unless Lessee is already in possession), and Lessor further warrants to Lessee that the Common Facilities referred to in Article 6, plumbing, heating, air conditioning, ventilating, electrical, lighting facilities and equipment with the Premises, fixtures, walls (interior and exterior), foundations, ceilings, roofs, floors, windows, access doors, loading doors, plate glass and skylights shall be in good working order and operating condition and in compliance with applicable Legal Requirements. Following on the Commencement Date. In the event that it is determined that this warranty has been violated, Landlord then it shall providebe the obligation of the Lessor, after receipt of written notice from Lessee setting forth with specificity the nature of the violation, to promptly, at Landlord’s expenseLessor's sole cost, rectify such violation. Lessee's failure to give such written notice to Lessor within six (i6) Complex-standard window blinds months after the Commencement Date shall cause the conclusive presumption that Lessor has complied with all of Lessor's obligations hereunder, unless such defect is not readily ascertainable during that period of time. The warranty contained in this Section shall be of no force or treatments for windows effect if prior to the date of this Lease Lessee was the owner or occupant of the Premises. Except as otherwise provided in this Lease, Xxxxxx hereby accepts the Premises in their condition existing as of the Commencement Date or the date that Lessee takes possession of the Premises, (ii) new carpet whichever is earlier, subject to all applicable zoning, municipal, county and paint in state laws, ordinances and regulations governing and regulating the cafeteria located on the first (1st) floor use of the Building and in the common corridor of the first (1st) floor of the Building; (iii) a replaced DDC HVAC control system in the Building; (iv) installation of roof drains to alleviate ponding on the roof of the Building, and (v) upgraded countertops and faucets with touchless fixtures in the restrooms located on the first (1st) and second (2nd) floors of the Building in accordance with the specifications therefor set forth in Exhibit H attached hereto and made a part hereof (the work described in this clause (v) being referred to as the “Restroom Upgrades”). In addition, Landlord shall make improvements to the finishes, furniture and lighting in the lobby of the Building as required by Tenant, not exceeding a total cost of $7,000.00. The work to be performed by Landlord described above shall be coordinated by Landlord with Tenant’s architect and Landlord shall use commercially reasonable efforts to perform such work by April 1, 2014. If Landlord has not completed the Restroom Upgrades by June 1, 2014, Tenant shall be entitled to perform the uncompleted Restroom Upgrades and shall receive a credit against the Rent (as hereinafter defined) payable by Tenant under this Lease in the amount of the actual reasonable out-of-pocket costs incurred by Tenant in so completing the Restroom Upgrades. Landlord shall be responsible, at its sole cost and expense, to deliver the Premises and Public Areas any covenants or restrictions of record, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Xxxxxx acknowledges that neither Lessor nor Xxxxxx's agent has made any representation or warranty as to the present or future suitability of the Building and all Building Systems in full compliance with applicable Legal Requirements, and in good working order and condition; Tenant’s Allowance (as hereinafter defined) will not be applied to Premises for the cost conduct of any work required to satisfy the foregoing requirementXxxxxx's business.

Delivery and Acceptance of Premises. As of the completion of the work described in this Section 1.4, Lessor shall deliver the Premises to Lessee clean and free of debris, on the Public Areas Commencement Date (unless Lessee is already in possession), and Lessor further warrants to Lessee that the Common Facilities referred to in Article 6, plumbing, heating, air conditioning, ventilating, electrical, lighting facilities and equipment with the Premises, fixtures, walls (interior and exterior), foundations, ceilings, roofs, floors, windows, access doors, loading doors, plate glass and skylights shall be in good working order and operating condition and in compliance with applicable Legal Requirements. Following on the Commencement Date. In the event that it is determined that this warranty has been violated, Landlord then it shall providebe the obligation of the Lessor, after receipt of written notice from Lessee setting forth with specificity the nature of the violation, to promptly, at Landlord’s expenseLessor's sole cost, rectify such violation. Lessee's failure to give such written notice to Lessor within six (i6) Complex-standard window blinds months after the Commencement Date shall cause the conclusive presumption that Lessor has complied with all of Lessor's obligations hereunder, unless such defect is not readily ascertainable during that period of time. The warranty contained in this Section shall be of no force or treatments for windows effect if prior to the date of this Lease Lessee was the owner or occupant of the Premises. Except as otherwise provided in this Lease, Lessee hereby accepts the Xxxxxxes in their condition existing as of the Commencement Date or the date that Lessee takes possession of the Premises, (ii) new carpet whichever is earlier, subject to all applicable zoning, municipal, county and paint in state laws, ordinances and regulations governing and regulating the cafeteria located on the first (1st) floor use of the Building and in the common corridor of the first (1st) floor of the Building; (iii) a replaced DDC HVAC control system in the Building; (iv) installation of roof drains to alleviate ponding on the roof of the Building, and (v) upgraded countertops and faucets with touchless fixtures in the restrooms located on the first (1st) and second (2nd) floors of the Building in accordance with the specifications therefor set forth in Exhibit H attached hereto and made a part hereof (the work described in this clause (v) being referred to as the “Restroom Upgrades”). In addition, Landlord shall make improvements to the finishes, furniture and lighting in the lobby of the Building as required by Tenant, not exceeding a total cost of $7,000.00. The work to be performed by Landlord described above shall be coordinated by Landlord with Tenant’s architect and Landlord shall use commercially reasonable efforts to perform such work by April 1, 2014. If Landlord has not completed the Restroom Upgrades by June 1, 2014, Tenant shall be entitled to perform the uncompleted Restroom Upgrades and shall receive a credit against the Rent (as hereinafter defined) payable by Tenant under this Lease in the amount of the actual reasonable out-of-pocket costs incurred by Tenant in so completing the Restroom Upgrades. Landlord shall be responsible, at its sole cost and expense, to deliver the Premises and Public Areas any covenants or restrictions of record, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Lessee acknowledges that nxxxxxx Lessor nor Lessor's agent has made anx xxxxesentation or warranty as to the present or future suitability of the Building and all Building Systems in full compliance with applicable Legal Requirements, and in good working order and condition; Tenant’s Allowance (as hereinafter defined) will not be applied to Premises for the cost conduct of any work required to satisfy the foregoing requirementLessee's business.