Common use of Delivery of Premises; Acceptance of Premises Clause in Contracts

Delivery of Premises; Acceptance of Premises. Landlord shall deliver the Premises to Tenant upon the Effective Date provided that Tenant has delivered the Security Deposit to Landlord and complied with the requirements of Article 13. Except as set forth in Section 5.1, if applicable: (i) Tenant shall accept the Premises in their condition as of the time of delivery, subject to all applicable Legal Requirements (as defined in Article 6 hereof); (ii) Landlord shall have no obligation for any defects in the Premises; and (iii) Tenant’s taking possession of the Premises shall be conclusive evidence that Tenant accepts the Premises with Landlord’s Work Substantially Completed. Tenant agrees and acknowledges that, except as otherwise set forth in this Lease, neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of all or any portion of the Premises or the Project, and/or the suitability of the Premises or the Project for the conduct of Tenant’s business, and Tenant waives any implied warranty that the Premises or the Project are suitable for the Permitted Use. This Lease constitutes the complete agreement of Landlord and Tenant with respect to the subject matter hereof and supersedes any and all prior representations, inducements, promises, agreements, understandings and negotiations which are not contained herein. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein.

Delivery of Premises; Acceptance of Premises. Landlord shall deliver the Premises to Tenant upon the Effective Date provided that Tenant has delivered the Security Deposit to Landlord and complied with the requirements of Article 13. Except as set forth in this Section 5.13.1 and Section 5.1(a), if applicable: (i) Tenant shall accept the Premises in their condition as of the time of delivery, subject to all applicable Legal Requirements (as defined in Article 6 hereof); (ii) Landlord shall have no obligation for any defects in the Premises; and (iii) Tenant’s taking possession of the Premises shall be conclusive evidence that Tenant accepts the Premises with Landlord’s Work Substantially Completedcompleted pursuant to Section 5.1(a). Tenant agrees and acknowledges that, except as otherwise set forth in this Lease, neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of all or any portion of the Premises or the Project, and/or the suitability of the Premises or the Project for the conduct of Tenant’s business, and Tenant waives any implied warranty that the Premises or the Project are suitable for the Permitted Use. Notwithstanding the foregoing, Landlord represents to its knowledge that general office, research and development and laboratory uses are permitted uses pertaining to the Building under the Zoning Ordinance of the City of Cambridge. This Lease constitutes the complete agreement of Landlord and Tenant with respect to the subject matter hereof and supersedes any and all prior representations, inducements, promises, agreements, understandings and negotiations which are not contained herein. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein.

Delivery of Premises; Acceptance of Premises. On the date Landlord shall deliver delivers the Premises, or portions thereof, to Tenant, in the condition required by this Lease, i.e., following Substantial Completion of Landlord’s Work, Tenant will accept possession of the Premises to Tenant upon the Effective Date provided that Tenant has delivered the Security Deposit to Landlord and complied with the requirements of Article 13under this Lease. Except as otherwise expressly set forth in Section 5.1, if applicable: (i) Tenant shall accept the Premises in their condition as of the time of delivery, this Lease and subject to all applicable Legal Requirements (as defined in Article 6 hereof); (ii) Landlord shall have no obligation for any defects in the Premises; and (iii) Tenantcompletion of Landlord’s Work, by taking possession of the Premises or portion thereof, Tenant shall be conclusive evidence deemed to have accepted that portion of the Premises as being in good and sanitary order, condition, and repair, subject to punchlist items (to be described in a punchlist prepared by Landlord and Tenant within the week following delivery of the Premises, or portion thereof). Tenant represents to Landlord that Tenant accepts has made, directly or through Tenant’s contractors and agents, such inspection of the condition of that portion of the Premises with Landlord’s Work Substantially Completedas Tenant deems necessary. Tenant agrees and acknowledges that, except Except as otherwise expressly set forth in this Lease, neither Tenant agrees that Tenant is leasing the Premises in “AS IS” condition, with all faults. Except as otherwise set forth herein, Tenant agrees that Landlord nor any agent of Landlord has made any makes no express or implied representation or warranty with respect as to the condition of all or any portion of the Premises or the Project, and/or the suitability fitness of the Premises for any particular use other than as expressly provided in this Lease. Tenant hereby acknowledges that Landlord’s Work requires construction work in or near the Project for Premises, and that dust, noise and inconvenience may result from such Landlord’s Work; provided, however, that Landlord and Landlord’s employees and agents shall use commercially reasonable efforts to minimize the conduct of dust, noise and inconvenience related to Landlord’s Work and any related interference with Tenant’s business, and Tenant waives any implied warranty that access to or use of the Premises or the Project are suitable for the Permitted Use. This Lease constitutes the complete agreement of Landlord and Tenant with respect to the subject matter hereof and supersedes any and all prior representations, inducements, promises, agreements, understandings and negotiations which are not contained herein. Landlord in executing this Lease does so in reliance upon during Tenant’s representations, warranties, acknowledgments and agreements contained hereinnormal business hours therein.