Common use of Landlord Warranty Clause in Contracts

Landlord Warranty. Except for Landlord's obligation to perform Landlord's Work as set forth in Section 27, the warranties hereinafter set forth, any punchlist items determined pursuant to the procedures of the Workletter Agreement and subject to Section 7, Tenant shall accept the Premises and Building, except as set forth in this Section 4.C, "as is", and Tenant acknowledges that Landlord has made no representations or warranties as to the condition of the Premises or the Building, express or implied, and that Landlord shall not be required to make any improvements to the Premises or the Building to ready the same for Tenant's occupancy, except as expressly set forth this Lease. Except for Landlord's performance of Landlord's Work, all work desired by Tenant of the Premises to ready the same for Tenant's initial occupancy shall be performed by Tenant in accordance with the terms and conditions of Section 12. The acceptance, by Tenant of the Building "as is", shall not, however, relieve Landlord from any of Landlord's repair or maintenance obligations with respect to the Building under this Lease. Landlord shall, however, procure from its contractors and subcontractors, and make Tenant an intended third party beneficiary of, all warranties received by Landlord from the contractor, subcontractors, and suppliers performing the Tenant Improvements (as defined in Section 27) (collectively, the "CONTRACTOR WARRANTIES") required by the Construction Documents (as defined in the Workletter Agreement) and, in addition, Landlord shall upon Substantial Completion, provide Tenant with a one (1) year warranty with respect to the construction of the Landlord's Work from Landlord which shall be identical in form and substance to the warranty received by Landlord from its general contractor with respect to Landlord's Work ("LANDLORD WARRANTY"). In addition, Landlord shall, at Tenant's request, upon expiration of the Landlord Warranty, assign to Tenant all unexpired Contractor Warranties and shall diligently enforce all Contractor Warranties which have not been assigned to Tenant.

Landlord Warranty. Except Landlord warrants Tenant’s Improvements against defective workmanship and materials for Landlord's obligation to perform Landlord's Work as set forth in Section 27, the warranties hereinafter set forth, any punchlist items determined pursuant to the procedures a period of the Workletter Agreement and subject to Section 7, Tenant shall accept the Premises and Building, except as set forth in this Section 4.C, "as is", and Tenant acknowledges that Landlord has made no representations or warranties as to the condition of the Premises or the Building, express or implied, and that Landlord shall not be required to make any improvements to the Premises or the Building to ready the same for Tenant's occupancy, except as expressly set forth this Lease. Except for Landlord's performance of Landlord's Work, all work desired by Tenant of the Premises to ready the same for Tenant's initial occupancy shall be performed by Tenant in accordance with the terms and conditions of Section 12. The acceptance, by Tenant of the Building "as is", shall not, however, relieve Landlord from any of Landlord's repair or maintenance obligations with respect to the Building under this Lease. Landlord shall, however, procure from its contractors and subcontractors, and make Tenant an intended third party beneficiary of, all warranties received by Landlord from the contractor, subcontractors, and suppliers performing the Tenant Improvements (as defined in Section 27) (collectively, the "CONTRACTOR WARRANTIES") required by the Construction Documents (as defined in the Workletter Agreement) and, in addition, Landlord shall upon Substantial Completion, provide Tenant with a one (1) year after Substantial Completion. Landlord’s sole obligation under this warranty is to repair or replace, as necessary, any defective item caused by poor workmanship or materials if Tenant notifies Landlord of the defective item within such one (1) year period. Landlord has no obligation to repair or replace any Item after such one year period expires. THE WARRANTY TERMS PROVIDE THE SOLE AND EXCLUSIVE RIGHT AND REMEDY OF TENANT AGAINST LANDLORD AND/OR CONTRACTOR FOR INCOMPLETE OR DEFECTIVE WORKMANSHIP OR MATERIALS OR OTHER DEFECTS IN THE PREMISES IN LIEU OF ANY CONTRACT, WARRANTY OR OTHER RIGHTS, WHETHER EXPRESS OR IMPLIED, THAT MIGHT OTHERWISE BE AVAILABLE UNDER APPLICABLE LAW AND ALL SUCH OTHER RIGHTS ARE EXPRESSLY WAIVED BY TENANT. ALL OTHER WARRANTIES ARE EXPRESSLY DISCLAIMED. The Basic Rent and any Additional Rent shall not be reduced and Landlord shall not be liable under any circumstances for a loss of, or injury to, property, loss of profits, or for injury to or interference with respect Tenant’s business arising from or in connection with the making of or Landlord’s failure to make any repairs, maintenance, alterations or improvements in or to any portion of the Premises or in or to fixtures, appurtenances and equipment therein, as a result of the foregoing warranty of Landlord. Notwithstanding the foregoing, Landlord shall not be obligated to perform any maintenance or repairs to the construction extent made necessary by the modification, failure to maintain, misuse, negligence or willful misconduct of the Landlord's Work from Landlord which shall be identical in form and substance to the warranty received by Landlord from Tenant, its general contractor with respect to Landlord's Work ("LANDLORD WARRANTY")employees, agents, customers, invitees, permittees, licensees or contractors. In addition, Landlord shall, at Tenant's request, upon expiration of the Landlord Warranty, assign to Tenant all unexpired Contractor Warranties and shall diligently enforce all Contractor Warranties which have not been assigned to Tenant.EXHIBIT “F”

Landlord Warranty. Except for Landlord's ’s obligation to perform Landlord's ’s Work as set forth in Section 27, the warranties hereinafter set forth, any punchlist items determined pursuant to the procedures of the Workletter Agreement and subject to Section 7, Tenant shall accept the Premises and Building, except as set forth in this Section 4.C, "“as is"”, and Tenant acknowledges that Landlord has made no representations or warranties as to the condition of the Premises or the Building, express or implied, and that Landlord shall not be required to make any improvements to the Premises or the Building to ready the same for Tenant's ’s occupancy, except as expressly set forth this Lease. Except for Landlord's ’s performance of Landlord's ’s Work, all work desired by Tenant of the Premises to ready the same for Tenant's ’s initial occupancy shall be performed by Tenant in accordance with the terms and conditions of Section 12. The acceptance, by Tenant of the Building "“as is"”, shall not, however, relieve Landlord from any of Landlord's ’s repair or maintenance obligations with respect to the Building under this Lease. Landlord shall, however, procure from its contractors and subcontractors, and make Tenant an intended third party beneficiary of, all warranties received by Landlord from the contractor, subcontractors, and suppliers performing the Tenant Improvements (as defined in Section 27) (collectively, the "“CONTRACTOR WARRANTIES"”) required by the Construction Documents (as defined in the Workletter Agreement) and, in addition, Landlord shall upon Substantial Completion, provide Tenant with a one (1) year warranty with respect to the construction of the Landlord's ’s Work from Landlord which shall be identical in form and substance to the warranty received by Landlord from its general contractor with respect to Landlord's ’s Work ("“LANDLORD WARRANTY"”). In addition, Landlord shall, at Tenant's ’s request, upon expiration of the Landlord Warranty, assign to Tenant all unexpired Contractor Warranties and shall diligently enforce all Contractor Warranties which have not been assigned to Tenant.

Landlord Warranty. Except for Landlord's obligation Landlord represents and warrants to perform Landlord's Work as set forth in Section 27, the warranties hereinafter set forth, any punchlist items determined pursuant to the procedures of the Workletter Agreement and subject to Section 7, Tenant shall accept the Premises and Building, except as set forth in this Section 4.C, "as is", and Tenant acknowledges that Landlord has made no representations or warranties as to the condition of the Premises or the Building, express or implied, and that Landlord shall not be required to make any improvements to the Premises or the Building to ready the same for Tenant's occupancy, except as expressly set forth this Lease. Except for Landlord's performance of Landlord's Work, all work desired by Tenant of the Premises to ready the same for Tenant's initial occupancy shall be performed by Tenant in accordance with the terms and conditions of Section 12. The acceptance, by Tenant of the Building "as is", shall not, however, relieve Landlord from any of Landlord's repair or maintenance obligations with respect to the Building under this Lease. Landlord shall, however, procure from its contractors and subcontractors, and make Tenant an intended third party beneficiary of, all warranties received by Landlord from the contractor, subcontractors, and suppliers performing the Tenant Improvements (as defined in Section 27) (collectively, the "CONTRACTOR WARRANTIES") required by the Construction Documents (as defined in the Workletter Agreement) and, in addition, Landlord shall upon Substantial Completion, provide Tenant with a one (1) year warranty with respect to the construction of the Landlord's Work from Landlord which shall be identical in form and substance to the warranty received by Landlord from its general contractor with respect to Landlord's Work ("LANDLORD WARRANTY")actual knowledge, as of the Commencement Date, neither the Premises, Building, Building Common Areas, Project or Project Common Areas will be in violation of any federal, State or local laws, statutes, ordinances or regulations, including without limitation, the Americans With Disabilities Act of 1990. In addition, Landlord represents and warrants to Tenant that to Landlord's actual knowledge, the parking areas serving the Building as currently configured (including the parking areas located within the Parking Structure) are sufficient to satisfy applicable code requirements as of the date hereof for all existing uses at the Building as of the date hereof, including Tenant's permitted use for general office purposes and as a business banking branch office. If after the exercise of diligent efforts, Tenant is denied a building permit for the Tenant Improvements solely as a result of insufficient parking at the Building, Tenant, as its sole and exclusive remedy for any breach of the above warranty and/or Tenant's inability to obtain a building permit for the Tenant improvements from the City of Irvine ("City") due to insufficient parking at the Building, shall, after giving Notice to Landlord, TIME BEING OF THE ESSENCE, of its inability to obtain a building permit, have the right to terminate this Lease upon thirty (30) days prior written notice to Landlord. If the granting of a building permit is otherwise conditioned upon mitigating insufficient parking at the Building, then Tenant shall give Notice to the Landlord of the denial from the City of the building permit along with any conditions which, if satisfied, would mitigate the insufficient parking at the Building and then Landlord shall have thirty (30) days to attempt to so mitigate the insufficient parking to the City's satisfaction. If after such thirty (30) day period Landlord is unable to mitigate the insufficient parking, then Tenant, as its sole and exclusive remedy for any breach of the above warranty and/or Tenant's requestinability to obtain a building permit for the Tenant improvements from the City shall have the right to terminate this Lease upon thirty (30) days prior written notice to Landlord TIME BEING OF THE ESSENCE. Notwithstanding the foregoing, upon expiration if within thirty (30) days following receipt of such notice of termination from Tenant, the City's denial of a building permit is reversed or Landlord otherwise mitigates to the City's satisfaction any conditions regarding insufficient parking at the Building such that Tenant is not precluded from obtaining a building permit for the Tenant improvements by reason of the Landlord Warrantyparking at the Building, assign then Tenant's termination notice shall be deemed vitiated as if it had never been sent, and this Lease shall continue in full force and effect. Otherwise, if the City's decision to deny Tenant's building permit is not reversed or any conditions with respect to parking at the Building are not satisfied within such thirty (30) day period such that Tenant is not precluded from obtaining a building permit for the Tenant Improvements by reason of the parking at the Building, then this Lease shall be deemed terminated as of the thirtieth (30th) day following Landlord's receipt of Tenant's notice of termination, in which event all unexpired Contractor Warranties and rental or other sums paid in advance by Tenant shall diligently enforce all Contractor Warranties which have not been assigned be returned to Tenant. The party applying for the building permit shall simultaneously send copies of all correspondence with the City to the other party.