Common use of Delivery of Demised Premises Clause in Contracts

Delivery of Demised Premises. 3.1 Except to the extent modified by Landlord's express assumption of construction obligations, if any, in EXHIBIT "B" attached to this lease, the Demised Premises is being leased "AS IS," with Tenant accepting all defects, if any; and Landlord makes no warranty of any kind, express or implied, with respect to the Demised Premises (without limitation, Landlord makes no warranty as the habitability, fitness or suitability of the Demised Premises for a particular purpose nor as to the absence of any toxic or otherwise hazardous substances). This Section 3.1 is subject to any contrary requirements under applicable law; however, in this regard Tenant acknowledges that it has been given the opportunity to inspect the Demised Premises and to have qualified experts inspect the Demised Premises prior to the execution of this lease. 3.2 Notwithstanding the foregoing, Landlord warrants for a period of ninety (90) days following the Commencement Date that the roof, mechanical, electrical and plumbing systems serving the Demised Premises shall be in proper working order. Landlord shall repair any defective or malfunctioning component of the foregoing building systems about which Landlord has received written notice from Tenant describing the failure or malfunction within ninety (90) days of the Commencement Date. 3.3 Notwithstanding anything to the contrary in this Lease, Tenant may, prior to the Commencement Date, enter the Demised Premises for the purpose of installing telephones, electronic communication or related equipment, fixtures, furniture and equipment, provided that Tenant shall be solely responsible for any of such equipment, fixtures, furniture or material and for any loss or damage thereto from any cause whatsoever, excluding only the gross negligence or willful misconduct of Landlord. Such early access to the Demised Premises and such installation shall be permitted only to the extent that Landlord determines that such early access and installation activities will not delay Landlord's completion of the Landlord Improvements. Landlord and Tenant shall cooperate in the scheduling of Tenant's early access to the Demised Premises and of Tenant's installation activities. The provisions of Articles 15, 16 and 21 below shall expressly apply in full during the period of any such early entry, and Tenant shall (i) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to such early entry, and (ii) comply with all applicable laws, regulations, permits and other approvals applicable to such early entry work in the Demised Premises. No rent shall be due for such early access period.

Delivery of Demised Premises. 3.1 Except Landlord shall deliver possession of the Demised Premises to Tenant in “as is” condition without any representation or warranty by Landlord as to the extent modified condition thereof and without Landlord performing or providing any labor, work or material therefore except as set forth on Exhibit “C” attached hereto (collectively, the “Landlord’s Work”). Landlord agrees to perform the Landlord’s Work in a good and workmanlike manner and to use commercially reasonable efforts to substantially complete the Landlord’s Work by December 31, 2012. If Landlord shall be unable to give possession of Demised Premises on the Commencement Date by reason of the holding over or retention of possession of any tenant or occupant, or if the Landlord's express assumption ’s Work has not yet been substantially completed, or for any other reason, Landlord shall not be subject to any liability for failure to give possession on said date. Under such circumstances rent reserved and covenanted to be paid herein shall not commence until possession of construction obligations, if any, in EXHIBIT "B" attached to this lease, Demised Premises is given or the Demised Premises is being leased "AS IS," available for occupancy by Tenant with the work required under Exhibit “C” substantially completed, and no such failure to give possession on the Commencement Date shall in any other respect affect the validity of this Lease or the obligations of Tenant accepting all defectshereunder. However, if any; and Landlord makes no warranty shall be delayed in the completion of its work by reason of any kindact or omission of Tenant, express or impliedany agent, with respect to employee or contractor of Tenant (collectively, a “Tenant Delay”), such Tenant Delay shall not affect the Demised Premises Commencement Date, and the Commencement Date shall be determined by Landlord based upon the date the work required of Landlord would have been completed in the absence of such Tenant Delay. Promptly after the determination of the Commencement Date and the Rent Commencement Date (without limitationdefined below), Landlord makes no warranty and Tenant shall enter into a letter agreement (the “Commencement Letter”) on the form attached hereto as Exhibit “D” setting forth the habitabilityCommencement Date, fitness or suitability Rent Commencement Date, the termination date and any other dates that are affected by the adjustment of the Commencement Date and/or the Rent Commencement Date. Tenant, within seven (7) days after receipt thereof from Landlord, shall execute the Commencement Letter and return the same to Landlord. 3.2 The Commencement Date of this Lease shall be the earlier of (i) the date Landlord delivers possession of the Demised Premises for a particular purpose nor as with the Landlord’s Work substantially completed, or (ii) the date Landlord would have delivered possession of the Demised Premises to Tenant with the absence of Landlord’s Work substantially completed absent any toxic or otherwise hazardous substances). This Section 3.1 is subject to any contrary requirements under applicable law; Tenant Delay, provided, however, in this regard no event shall the Commencement Date occur prior to January 1, 2013 unless Tenant acknowledges that it has been given the opportunity to inspect the Demised Premises and to have qualified experts inspect commences business operations in the Demised Premises prior to such date. Occupancy of the execution Demised Premises by Tenant prior to the Commencement Date shall be subject to all of the terms and provisions of this leaseLease excepting only those requiring the payment of rent. The Rent Commencement Date shall be the date which is two (2) months following the Commencement Date (e.g., if the Commencement Date is January 1, 2013, the Rent Commencement Date shall be March 1, 2013). 3.2 Notwithstanding 3.3 The first “Lease Year” is that period commencing on the foregoingRent Commencement Date and ending on the last day of the month in which the first anniversary of the Rent Commencement Date occurs, Landlord warrants provided that if the Rent Commencement Date shall occur on a first day of a month, then the Lease Year shall end on the last day of the month immediately preceding the first anniversary of the Rent Commencement Date. Each Lease Year other than the first Lease Year shall commence on the date next following the expiration of the previous Lease Year and shall continue for a period of ninety (90) days following one full year therefrom, unless this Lease or any applicable extension expires or is terminated, in which event the Commencement Date that last Lease Year shall end on the roof, mechanical, electrical and plumbing systems serving the Demised Premises shall be in proper working order. Landlord shall repair any defective or malfunctioning component of the foregoing building systems about which Landlord has received written notice from Tenant describing the failure or malfunction within ninety (90) days of the Commencement Date. 3.3 Notwithstanding anything to the contrary in this Lease, Tenant may, prior to the Commencement Date, enter the Demised Premises for the purpose of installing telephones, electronic communication or related equipment, fixtures, furniture and equipment, provided that Tenant shall be solely responsible for any date of such equipment, fixtures, furniture termination or material and for any loss or damage thereto from any cause whatsoever, excluding only the gross negligence or willful misconduct of Landlord. Such early access to the Demised Premises and such installation shall be permitted only to the extent that Landlord determines that such early access and installation activities will not delay Landlord's completion of the Landlord Improvements. Landlord and Tenant shall cooperate in the scheduling of Tenant's early access to the Demised Premises and of Tenant's installation activities. The provisions of Articles 15, 16 and 21 below shall expressly apply in full during the period of any such early entry, and Tenant shall (i) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to such early entry, and (ii) comply with all applicable laws, regulations, permits and other approvals applicable to such early entry work in the Demised Premises. No rent shall be due for such early access periodexpiration.

Delivery of Demised Premises. 3.1 Except to the extent modified by Landlord's express assumption of construction obligations, if any, in EXHIBIT "B" attached to this lease, the Demised Premises is being leased "AS IS," with Tenant accepting all defects, if any; and Landlord makes no warranty of any kind, express or implied, with respect to the Demised Premises (without limitation, Landlord makes no warranty as the habitability, fitness or suitability of the Demised Premises for a particular purpose nor as to the absence of any toxic or otherwise hazardous substances). This Section 3.1 is subject to any contrary requirements under applicable law; however, in this regard Tenant acknowledges that it has been given the opportunity to inspect the Demised Premises and to have qualified experts inspect inspected the Demised Premises prior to the execution of this lease. 3.2 Lease and accepts the Demised Premises in its present condition, "AS IS" except Landlord will perform the work (the "Work") described in Exhibit "F" attached hereto and prepared by Xxx Xxxxx, Architect. Substantial Completion of the Work shall be deemed to have occurred when the Work shall have been performed to permit the use of the Demised Premises by Tenant for its intended purposes but shall not require completion of punch list items that shall be established by Landlord and Tenant upon notice from Landlord that substantially all of the Work has been completed. Upon completion of the Work, Tenant shall reimburse Landlord for the cost within fifteen (15) days of invoice. Landlord shall have no obligation to perform any other work in or on the Demised Premises except as provided in Articles 15, 19 and 20. Notwithstanding the foregoing, Landlord warrants for a period of ninety represents to Tenant that (90i) days following the Commencement Date that the roof, mechanical, electrical and plumbing systems serving the Demised Premises shall be are free and clear of all tenancies except for the use in proper working order. Landlord shall repair any defective or malfunctioning component common with other tenants and their permittees of the foregoing building systems about which Landlord has received written notice from Tenant describing restrooms, hallways, parking areas and other common areas; (ii) the failure or malfunction within ninety (90) days of the Commencement Date. 3.3 Notwithstanding anything to the contrary Demised Premises will be clean, orderly and in this Lease, Tenant may, prior to a sanitary condition at the Commencement Date, enter free of insects, rodents, vermin and other pests, garbage, trash, rubbish and other refuse and, to Landlord's actual knowledge, in compliance with all applicable municipal, state and federal governmental rules, laws and regulations regarding its condition, and use and maintenance by Landlord; (iii) to Landlord's actual knowledge, the Leased Premises contains no hazardous materials which are in violation of any applicable environmental laws, rules or regulations; (iv) no portion of the Demised Premises for the purpose of installing telephonesis affected by any special assessments, electronic communication whether or related equipment, fixtures, furniture and equipment, provided that Tenant shall be solely responsible for any of such equipment, fixtures, furniture or material and for any loss or damage thereto from any cause whatsoever, excluding only the gross negligence or willful misconduct of Landlord. Such early access to not constituting a lien thereon; (v) the Demised Premises and such installation shall be permitted only to the extent that Landlord determines that such early access and installation activities will not delay Landlord's completion of the Landlord Improvements. Landlord and Tenant shall cooperate in the scheduling of Tenant's early has access to and from public highways or rights-of-way which are adequate for the Demised Premises passage of motor vehicles and of Tenant's installation activities. The provisions of Articles 15, 16 and 21 below shall expressly apply in full during the period Landlord has no actual knowledge of any pending or threatened termination of such early entry, and Tenant shall (i) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to such early entry, and (ii) comply with all applicable laws, regulations, permits and other approvals applicable to such early entry work in the Demised Premises. No rent shall be due for such early access periodaccess.

Delivery of Demised Premises. 3.1 Except Subject to the extent modified by Substantial Completion of Landlord's express assumption of construction obligations, if any, Work as more particularly set forth in EXHIBIT "B" B attached to this lease, the Demised Premises is are being leased "AS IS," vacant, free of tenants and in broom-clean condition with Tenant accepting all defects, if any; and and, except as expressly set forth in this lease, Landlord makes no warranty of any kind, express or implied, with respect to the Demised Premises Premises, the Loading Docks and the Truck Court (both as defined in Section 8.1 hereof) (without limitation, Landlord makes no warranty as to the habitability, fitness or suitability of the Demised Premises for a particular purpose nor as to the absence of any toxic or otherwise hazardous substances). This Section 3.1 is subject to any contrary requirements under applicable law; however, in this regard Tenant acknowledges that it has been given the opportunity to inspect the Demised Premises Premises, the Loading Docks and the Truck Court and to have qualified experts inspect the Demised Premises Premises, the Loading Docks and the Truck Court prior to the execution of this lease. 3.2 Notwithstanding the foregoing, Landlord warrants for a period of ninety (90) days following the Commencement Date that the roof, mechanical, electrical and plumbing systems serving the Demised Premises shall be in proper working order. Landlord shall repair any defective or malfunctioning component of the foregoing building systems about which Landlord has received written notice from Tenant describing the failure or malfunction within ninety (90) days of the Commencement Date. 3.3 Notwithstanding anything to the contrary in this Leaselease, Tenant mayshall have the right, immediately following full execution of this lease and prior to the Commencement DateSubstantial Completion of Landlord's Work, to enter the Demised Premises for the purpose of installing telephones, electronic communication or and related equipment, data cables, racking and handling systems, fixtures, furniture and equipmentequipment and to phase its move-in into the Demised Premises (including delivery of product to the Demised Premises), provided that Tenant shall be solely responsible for any of such equipment, systems, fixtures, furniture or furniture, material and product and for any loss or damage thereto from any cause whatsoever, excluding only the gross negligence or willful misconduct of Landlord or Landlord's contractors. Such early access to the Demised Premises and such installation shall be permitted only to the extent that Landlord determines that such early access and installation activities will not materially delay Landlord's completion of the Landlord ImprovementsLandlord's Work. Landlord and Tenant shall cooperate in the scheduling of Tenant's early access to the Demised Premises and of Tenant's installation activitiesactivities in an attempt to maximize the benefits to Tenant of this paragraph without materially interfering with Landlord's completion of Landlord's Work. The provisions of Articles 15, 15 and 16 and 21 below shall expressly apply in full during the period of any such early entry, and Tenant shall (i) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents agent and contractors, reasonably satisfactory to Landlord, prior to such early entry, and (ii) comply with all applicable laws, regulations, permits and other approvals applicable to such early entry work in the Demised PremisesRegulations. No rent shall be due for If such early access periodor installation materially delays or materially interferes with Landlord's construction of Landlord's Work, Landlord shall give written notice to Tenant and if such material delay or interference continues for five (5) days thereafter, Landlord shall be entitled to reasonably limit Tenant's early access rights to that portion of the Demised Premises in which Landlord is then working. All work performed by Tenant shall be in compliance with EXHIBIT B and Article 11, shall be performed in a first-class manner, and shall be completed in accordance with applicable laws and ordinances. 3.3 On or after the Commencement Date, within ten (10) days of either party's request, Tenant and Landlord shall execute a memorandum in the form attached hereto as EXHIBIT H setting forth the actual Commencement Date, Rent Commencement Date and Expiration Date.