GOOD WORKING ORDER WARRANTY. Landlord warrants to Tenant that the fire sprinkler system, lighting, heating, ventilation and air conditioning systems and electrical systems serving the Premises shall be in good operating condition as of the day the Premises are delivered to Tenant.
GOOD WORKING ORDER WARRANTY. Landlord warrants to Tenant that the fire sprinkler system, lighting, heating, ventilation and air conditioning systems and electrical systems serving the Premises shall be in good operating condition as of the day the Premises are delivered to Tenant. Provided that Tenant shall notify Landlord of a non- compliance with the foregoing warranty not later than 60 days following the day the Premises are delivered to Tenant, then Landlord shall, except as otherwise provided in this Lease, promptly after receipt of written notice from Tenant setting forth the nature and extent of such non-compliance, rectify same at Landlord’s sole cost and expense (and not as a Project Cost).
GOOD WORKING ORDER WARRANTY. Landlord warrants to Tenant that , as of the Commencement Date of this Lease, the windows and seals, fire sprinkler system, lighting, heating, ventilation and air conditioning systems and all plumbing and electrical systems serving the Building and the Premises (collectively, the “Building Systems”) shall be in good working order and operating condition. If Tenant shall notify Landlord of a non-compliance with the foregoing warranty not later than 30 days following the Commencement Date, then Landlord shall, except as otherwise provided in this Lease, promptly after receipt of such notice from Tenant setting forth the nature and extent of such noncompliance, rectify same at Landlord’s sole cost and expense and not as part of the Operating Expenses described in Exhibit B of this Lease. July 29, 2013 2 The capitalized terms used and not otherwise defined in this Exhibit shall have the same definitions as set forth in the Lease. The provisions of this Exhibit shall supersede any inconsistent or conflicting provisions of the Lease.
1. Landlord has been informed that the El Toro Marine Corps Air Station (MCAS) has been listed as a Federal Superfund site as a result of chemical releases occurring over many years of occupancy. Various chemicals including jet fuel, motor oil and solvents have been discharged in several areas throughout the MCAS site. A regional study conducted by the Orange County Water District has estimated that groundwaters beneath more than 2.900 acres have been impacted by Trichloroethlene (TOE), an industrial solvent. There is a potential that this substance may have migrated into the ground water underlying the Premises. The U.S. Environmental Protection Agency, the Santa Xxx Region Quality Control Board, and the Orange County Health Care Agency are overseeing the investigation/cleanup of this contamination. To the Landlord’s current actual knowledge, the ground water in this area is used for irrigation purposes only, and there is no practical impediment to the use or occupancy of the Premises due to the El Toro discharges. July 29, 2013 1 The tenant improvement work (the “Tenant Improvements” and the “Tenant Improvement Work”) shall consist of the work, including work in place as of the date hereof, required to complete the improvements to the Premises as shown in those certain construction drawings (the “Plan”) prepared by Casco Contractors, dated July 22, 2013. The Tenant Improvement Work shall be performed by a contractor selected by La...
GOOD WORKING ORDER WARRANTY. Landlord warrants to Tenant that the windows and seals, fire sprinkler system, lighting, heating, ventilation and air conditioning systems and all plumbing and electrical systems serving Suite 100 (collectively, the “Building Systems”), and the roof and structural components of the Building, shall be in good operating condition and in compliance with current building codes and all other applicable Federal, State and local laws, including but not limited to the Americans with Disabilities Act (“ADA”), as of the Commencement Date for Suite 100. Provided that Tenant shall notify Landlord that the Building Systems serving Suite 100 are not in good operating condition within 30 days following the Commencement Date for Suite 100, then Landlord shall, except as otherwise provided in the Lease, promptly after receipt of such notice from Tenant setting forth the nature and extent of such noncompliance, rectify same at Landlord’s sole cost and expense and not as part of the Operating Expenses described in Exhibit B of the Lease.
GOOD WORKING ORDER WARRANTY. Landlord warrants to Tenant that the windows and seals, fire sprinkler system, lighting, heating, ventilation and air conditioning systems and all plumbing and electrical systems serving the Building and the Premises (collectively, the “Building Systems”), and the roof and structural components of the Building, shall be in good operating condition and in compliance with current building codes and all other applicable Federal, State and local laws, including but not limited to the Americans with Disabilities Act (“ADA”), as of the Commencement Date of this Lease. Provided that Tenant shall notify Landlord that the Building Systems are not in good operating condition within 30 days following the Commencement Date, then Landlord shall, except as otherwise provided in this Lease, promptly after receipt of such notice from Tenant setting forth the nature and extent of such noncompliance, rectify same at Landlord’s sole cost and expense and not as part of the Operating Expenses described in Exhibit B of this Lease.
GOOD WORKING ORDER WARRANTY. Landlord warrants to Tenant that, as of the Commencement Date of this Lease, the windows and seals, fire sprinkler system, lighting, heating, ventilation and air conditioning systems and all plumbing and electrical systems serving the Building and the Premises (collectively, the “Building Systems”) shall be in good working order and operating condition. If Tenant shall notify Landlord of a non-compliance with the foregoing warranty not later than 30 days following the Commencement Date, then Landlord shall, except as otherwise provided in this Lease, promptly after receipt of such notice from Tenant setting forth the nature and extent of such noncompliance, rectify same at Landlord’s sole cost and expense and not as part of the Operating Expenses described in Exhibit B of this Lease.
GOOD WORKING ORDER WARRANTY. Landlord warrants to Tenant that the windows and seals, fire sprinkler system, lighting, heating, ventilation and air conditioning systems and all plumbing and electrical systems serving the Building and the Premises (collectively, the “Building Systems”), and the roof and structural components of the Building, shall be in good operating condition, and the Premises shall be in broom-clean condition on the Commencement Date. Provided that Tenant shall notify Landlord that the Building Systems are not in good operating condition within 30 days following the Commencement Date, then Landlord shall, except as otherwise provided in this Lease, promptly after receipt of such notice from Tenant setting forth the nature and extent of such noncompliance, rectify same at Landlord’s sole cost and expense and not as part of the Operating Expenses described in Exhibit B of this Lease.
GOOD WORKING ORDER WARRANTY. Landlord warrants to Tenant that the windows and seals, fire sprinkler system, lighting, heating, ventilation and air conditioning systems and all plumbing and electrical systems serving the Building and the Premises (collectively, the “Building Systems”), and the roof and structural components of the Building, shall be in good operating condition on the Commencement Date. Provided that Tenant shall notify Landlord that the Building Systems are not in good operating condition within 90 days following the Commencement Date, then Landlord shall, except as otherwise provided in this Lease, promptly after receipt of such notice from Tenant setting forth the nature and extent of such noncompliance, rectify same at Landlord’s sole cost and expense and not as part of the Operating Expenses described in Exhibit B of this Lease. In addition to the foregoing, Landlord shall, at its sole cost and expense, rekey all doors and deliver keys thereto to Tenant.
GOOD WORKING ORDER WARRANTY. Landlord warrants to Tenant that the windows and seals, the “Building Systems” (as defined below) installed by Landlord pursuant to the Work Letter, the doors, skylights, windows and seals in the Building, and the “Building Structure” (as defined below) shall be in good operating condition on the Commencement Date. In the event that at any time during the one (1)- year period following the Commencement Date Tenant shall notify Landlord that any of the foregoing, including, without limitation, any component of the Building Systems or the Building Structure are not in good operating condition, then Landlord shall, promptly after receipt of such notice from Tenant setting forth the nature and extent of such noncompliance, rectify same at Landlord’s sole cost and expense and not as part of the Operating Expenses described in Exhibit B of this Lease, except to the extent any such repairs or replacements are required as the result of Tenant’s breach of this Lease or due to negligent acts or omissions or willful misconduct of Tenant, its agents, contractors or employees. Landlord shall further warrant that the Building Systems and Building Structure are in compliance with applicable Laws on the Final Condition Date. For purposes of this Lease, “Building Systems” means the base building mechanical, fire sprinkler/life safety system, lighting, heating, ventilation and air conditioning systems and all plumbing, electrical and elevator systems installed as part of the Landlord’s Work in the Building and the Premises. For purposes of this Lease, “Building Structure” means the exterior walls (including the exterior surfaces of the exterior walls and exterior glass), foundation, footings, floor slabs, load-bearing walls, roof structure and coverings (including roof membrane), columns, beams, shafts, stairwells, skylight systems and all structural steel in the Buildings, and all pipes and conduits stubbed to the point of entry to each Building. For avoidance of doubt, Landlord shall enforce, for the benefit of Tenant, all warranties obtained by Landlord in connection with the Building Systems and/or Building Structure that exceed the one (1)- year Landlord Warranty period referenced herein.
GOOD WORKING ORDER WARRANTY. Landlord warrants to Tenant that the windows and seals, fire sprinkler system, lighting, heating, ventilation and air conditioning systems and all plumbing and electrical systems serving the Building and the Premises (collectively, the “Building Systems”), and the roof and structural components of the Building, shall be in good operating condition as of the Delivery Date. Provided that Tenant shall notify Landlord that the Building Systems are not in good operating condition within 30 days (90 days in the case of the heating, ventilation and air conditioning systems) following the Delivery Date, then Landlord shall, except as otherwise provided in this Lease, promptly after receipt of such notice from Tenant setting forth the nature and extent of such noncompliance, rectify same at Landlord’s sole cost and expense and not as part of the Operating Expenses described in Exhibit B of this lease. Notwithstanding anything to the contrary contained in this Lease, Tenant shall have the benefit of all existing warranties, if any, applicable to the Building systems.
