Delivery of Expansion Premises. Landlord shall tender possession of the Expansion Premises to Tenant promptly following the waiver by Tenant of the contingency set forth above in Paragraph 6 (the “Waiver Date”); provided, however such tender of possession of the Expansion Premises shall not include Suites 32, 81, 82, 83 and 84 (the “Exception Suites”) within the Expansion Premises Building. Landlord shall tender possession of the Exception Suites to Tenant in grey shell condition as more fully described in Exhibit “D” hereto on or before the date that is one hundred twenty-five (125) days after the Waiver Date. No representations, inducements, understanding or anything of any nature whatsoever, made, stated or represented by Landlord or anyone acting for or on Landlord’s behalf, either orally or in writing, have induced Tenant to enter into this Amendment, and Tenant acknowledges, represents and warrants that Tenant has entered into this Amendment under and by virtue of Tenant’s own independent investigation. Except for Landlord’s representation and warranties in this Amendment or the Lease, Tenant hereby shall accept the Expansion Premises (except the Exception Suites) in its current “as is” and “where is” condition without warranty of any kind, express or implied, including, without limitation, any warranty as to title, physical condition or the presence or absence of Hazardous Materials, and if the Expansion Premises (except the Exception Suites) are not in all respects entirely suitable for the use or uses to which the Expansion Premises or any part thereof will be put, then it is the sole responsibility and obligation of Tenant to take such action as may be necessary to place the Expansion Premises (except the Exception Suites) in a condition entirely suitable for such use or uses. IN CONNECTION WITH THE ABOVE, TENANT HEREBY ACKNOWLEDGES AND REPRESENTS TO LANDLORD THAT TENANT HAS HAD AMPLE OPPORTUNITY TO INSPECT AND EVALUATE THE EXPANSION PREMISES AND THE FEASIBILITY OF THE USES AND ACTIVITIES TENANT IS ENTITLED TO CONDUCT THEREON; THAT TENANT IS EXPERIENCED; THAT TENANT WILL RELY ENTIRELY ON TENANT’S EXPERIENCE, EXPERTISE AND ITS OWN INSPECTION OF THE EXPANSION PREMISES IN ITS CURRENT STATE IN PROCEEDING WITH THIS AMENDMENT (SUBJECT TO LANDLORD’S REPRESENTATIONS AND WARRANTIES IN THIS AMENDMENT AND THE LEASE AND LANDLORD’S WORK TO BE PERFORMED WITH RESPECT TO THE EXCEPTION SUITES); TENANT ACCEPTS THE EXPANSION PREMISES IN ITS PRESENT CONDITION (SUBJECT TO LANDLORD’S REPRESENTATIONS...
Delivery of Expansion Premises. Landlord shall use reasonable efforts to deliver (“Deliver” or “Delivering”) the Expansion Premises to Tenant on or before the date that is [***] months after the Effective Date, with the lease of the Expansion Premises commencing on the earlier to occur of the following (“Expansion Premises Commencement Date”): (a) the date that is [***] months after the Effective Date, provided that Landlord has Delivered the Expansion Premises by such date, and (b) Tenant’s beneficial occupancy of the Expansion Premises. Landlord shall Substantially Complete (as defined below) Landlord’s Expansion Premises Work (as defined below) before the Expansion Premises Commencement Date. If Landlord is delayed in Substantially Completing Landlord’s Expansion Premises Work before the Expansion Premises Commencement Date because of a Force Majeure Delay, the Base Term (as extended by the First Extension Term as provided below) and the Expansion Premises Commencement Date shall each be extended one day for each day until such Force Majeure Delay no longer exists. Landlord and Tenant shall execute and deliver a written acknowledgement of the Expansion Premises Commencement Date when it is established in the form attached hereto as Exhibit B (“Expansion Premises Commencement Date Acknowledgement”). Any extension of the Base Term and the Expansion Premises Commencement Date as provided above shall be reflected in the Expansion Premises Commencement Date Acknowledgement. Tenant’s failure to execute and deliver the Expansion Premises Commencement Date Acknowledgement shall not affect Landlord’s rights under this First Amendment. If Landlord fails to Deliver timely the Expansion Premises, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this First Amendment and the Lease with respect to the Expansion Premises shall not be void or voidable.
Delivery of Expansion Premises. Tenant shall accept the Expansion Premises and all components thereof including, but not limited to, electrical and mechanical in its presently existing “as-is”, “where-is”, with all faults condition and Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Expansion Premises except as otherwise expressly set forth in the Tenant Work Letter attached hereto as Exhibit C attached hereto and incorporated herein by reference. The acceptance of the Expansion Premises in “as-is” condition shall in no way limit Landlord’s repair obligations set forth in the Lease.
Delivery of Expansion Premises. Upon Substantial Completion of the Tenant Improvements, Landlord shall deliver possession of the Expansion Premises to Tenant. If Landlord has not Substantially Completed the Tenant Improvements and tendered possession of the Expansion Premises to Tenant on or before the Scheduled Expansion Commencement Date specified in Section 2 — Term; Possession of the Lease, or if Landlord is unable for any other reason to deliver possession of the Expansion Premises to Tenant on or before such date, neither Landlord nor its representatives shall be liable to Tenant for any damage resulting from the delay in completing such construction obligations and/or delivering possession to Tenant and this Amendment shall remain in full force and effect unless and until it is terminated under the express provisions of Paragraph 18 of the body of this Amendment. If any delays in Substantially Completing the Tenant Improvements are attributable to Tenant Delays, then the Expansion Premises shall be deemed to have been Substantially Completed and delivered to Tenant on the date on which Landlord could have Substantially Completed the Expansion Premises and tendered the Expansion Premises to Tenant but for such Tenant Delays.
Delivery of Expansion Premises. Landlord shall deliver the Expansion Premises to Tenant on the date (the “Expansion Premises Commencement Date”) that is the later of (i) July 1, 2022 and (ii) the date upon which Landlord substantially completes the work described in Exhibit B attached hereto in the Expansion Premises (collectively, “Landlord’s Expansion Premises Work”), provided, however, in the event that delivery date of the Expansion Premises is later than October 1, 2022 for any reason other than an Unavoidable Delay (as defined in the Lease), the Expansion Premises Rent Commencement Date shall be delayed by one (1) day for each day beyond October 1, 2022 that the Expansion Premises are delivered to Tenant.
Delivery of Expansion Premises. On the date Landlord ------------------------------ delivers possession of the Expansion Premises to Tenant, Landlord warrants and represents to Tenant that (i) the existing plumbing, electrical systems, fire sprinkler system, lighting, air conditioning and heating systems and loading doors, if any, in the Expansion Premises, other than those constructed by Tenant, shall be in good operating condition, (ii) any improvements (other than those constructed by Tenant or at Tenant's direction) on or in the Expansion Premises which have been constructed or installed by Landlord, Landlord's predecessor in interest, or any prior tenant or occupant of the Expansion Premises comply with all applicable covenants or restrictions of record and applicable building codes, regulations and ordinances, (iii) Landlord has no knowledge of any claim having been made by any governmental agency that a violation or violations of applicable building codes, regulations, or ordinances exist with regard to the Expansion Premises, and (iv) the Expansion Premises are free from any Hazardous Materials. If a non-compliance with said warranty exists, Landlord shall promptly after receipt of written notice from Tenant setting forth with specificity the nature and extent of such non-compliance, rectify same at Landlord's expense.
Delivery of Expansion Premises. Subject to the terms of Section 4 below, including, but not limited to, Tenant’s rights to inspect the Landlord Work, Tenant has inspected the Expansion Premises and agrees (a) to accept possession of the Expansion Premises in the condition existing on the date hereof in its “as is,” “where is” condition (provided, however, the Premises shall be free of all tenants on the Expansion Premises Commencement Date), and (b) that except for Landlord’s Contribution and except for Landlord’s Work, Landlord has no obligation to perform any work, supply any materials, incur any expense or make any alterations or improvements to prepare the Leased Premises (including the Expansion Premises) for Tenant’s occupancy. Any work to be performed by Tenant in connection with Tenant’s initial occupancy of the Expansion Premises shall be herein referred to as “Initial Installations” and considered to be “Alterations” and governed by Section 4.2 of the Lease. Any work to be performed by Tenant in the Existing Premises shall be considered to be “Alterations” and governed by Section 4.2
Delivery of Expansion Premises. Landlord shall deliver the Expansion ------------------------------ Premises to Tenant within thirty (30) days after execution of this Third Amendment ("The Expansion Premises Delivery Date").
Delivery of Expansion Premises. Subject to obtaining the Required Consents, the Subtenant shall deliver possession of the Expansion Premises to Sub-Sublessee on a date (the "Expansion Premises Effective Date"), which shall be not earlier than May 1, 1998 nor later than August 31, 1998. Subtenant shall notify Sub-Sublessee of the Expansion Premises Effective Date not less than sixty (60) days prior to the Expansion Premises Effective Date, provided that if Subtenant fails to give such written notice, the Expansion Premises Effective Date shall be August 31, 1998. Beginning on the Expansion Premises Effective Date, the Expansion Premises shall be included in the Sub-Sublease Premises for all purposes of the Amended Sub-Sublease and, except as otherwise expressly set forth herein, all provisions of the Sub-Sublease shall be applicable to the Expansion Premises.
Delivery of Expansion Premises. On the date that is the later of: (i) November 1, 1997 or (ii) the date that Landlord delivers possession of the Expansion Premises to Tenant (the "Expansion Premises Effective Date"), the Expansion Premises shall be included in the Premises for all purposes of the Amended Lease, Landlord shall have no liability to Tenant should Landlord fail to cause the Expansion Premises Effective Date to occur by November 1, 1997, except that Tenant shall be entitled to liquidated damages equal to one (1) day of free rent with respect to the Expansion Premises for each day later than November 1. 1997 the Expansion Premises Effective Date occurs, unless such delay is due to Tenant's negligence or wrongful conduct. 2
