Common use of POSSESSION AND CONDITION OF PREMISES Clause in Contracts

POSSESSION AND CONDITION OF PREMISES. Possession of the Subleased Premises shall be delivered to Subtenant on the Sublease Commencement Date. It shall be the sole responsibility of Subtenant to obtain all zoning and occupancy permits and approvals required by any governmental entity for Subtenant’s use and occupancy of the Subleased Premises, and the granting of such permits and approvals shall not be a condition of Subtenant’s obligations under this Sublease. If possession of the Subleased Premises is not delivered to Subtenant on the Sublease Commencement Date, Sublandlord shall have no liability to Subtenant and the Sublease Commencement Date shall be postponed to the date on which Sublandlord delivers possession of the Subleased Premises to Subtenant. Subtenant agrees to accept possession of the Subleased Premises on the Sublease Commencement Date in its “AS IS” “WHERE IS” condition, Sublandlord’s sole obligation with respect to the condition of the Subleased Premises being to deliver it free of Sublandlord’s personal property except for the furniture, fixtures and equipment: which Subtenant is granted the right to use pursuant to the provisions of Section 26 of this Sublease.. Subtenant acknowledges that, except as expressly set forth herein, no representations have been made to Subtenant with respect to the physical condition of the Subleased Premises or its suitability for Subtenant’s intended and permitted use and that in entering into this Sublease, Subtenant has relied exclusively upon its own examination of the Subleased Premises and the Master Lease. Subtenant specifically acknowledges and agrees that Sublandlord has no and shall not have any obligation to perform any improvements, repairs or other work to the Subleased Premises in connection with this Sublease other than to deliver possession as hereinabove specified. In connection with Subtenant’s possession, use and occupancy of the Subleased Premises, Sublandlord agrees that Subtenant, at Subtenant’s sole cost and expense, shall be entitled to Building and marquee signage consistent with and subject to all of the terms and conditions of the Master Lease including, without limitation, the requirements of Master Landlord and, if applicable, approval of the local municipality.

POSSESSION AND CONDITION OF PREMISES. Possession of the Subleased Premises shall be delivered to Subtenant on the Sublease Commencement Date. It shall be the sole responsibility of Subtenant to obtain all zoning and occupancy permits and approvals required by any governmental entity for Subtenant’s use and occupancy of the Subleased Premises, and the granting of such permits and approvals shall not be a condition of Subtenant’s obligations under this Sublease. If possession of the Subleased Premises is not delivered to Subtenant on the Sublease Commencement Date, Sublandlord shall have no liability to Subtenant and the Sublease Commencement Date shall be postponed to the date on which Sublandlord delivers possession of the Subleased Premises to Subtenant. Subtenant agrees to accept possession of the Subleased Premises on the Sublease Commencement Date in its “AS IS” “WHERE IS” condition, Sublandlord’s sole obligation obligations with respect to the condition of the Subleased Premises being to (1) deliver it in broom clean condition and free of Sublandlord’s personal property except for the furniture, fixtures and equipment: equipment which Subtenant is granted the right to use pursuant to the provisions of Section 26 of this Sublease.. ; and (2) enclose the doorway and opening between Suite A-100 and Suite A-150 (the “Enclosure”) to the reasonable satisfaction of Subtenant. Sublandlord shall provide Subtenant with written plans prior to construction of the Enclosure for Subtenant’s approval, and shall obtain any necessary approval from Master Landlord or Original Tenant. Subtenant shall be deemed to have accepted the Enclosure and the Premises in their as-is, where-is condition for Subtenant’s intended and permitted use unless Subtenant notifies Sublandlord in writing within three (3) calendar days of Sublandlord’s completion of the Enclosure of Subtenant’s commercially reasonably objections. Subtenant acknowledges that, except as expressly set forth herein, no representations have been made to Subtenant with respect to the physical condition of the Subleased Premises or its suitability for Subtenant’s intended and permitted use and that in entering into this Sublease, Subtenant has relied exclusively upon its own examination of the Subleased Premises Premises, the Original Sublease and the Master Lease. Subtenant specifically acknowledges and agrees that Sublandlord has no no, and shall not have any any, obligation to perform any improvements, repairs or other work to the Subleased Premises in connection with this Sublease Sublease, other than to deliver possession and the Enclosure as hereinabove specified. In connection with Subtenant’s possessionUpon termination of this Sub-Sublease, use Subtenant shall have no obligation to remove the Enclosure, or to otherwise restore the opening between Suite A-100 and occupancy of the Subleased Premises, Sublandlord agrees that Subtenant, at Subtenant’s sole cost and expense, shall be entitled Suite A-150 to Building and marquee signage consistent with and subject to all of the terms and conditions of the Master Lease including, without limitation, the requirements of Master Landlord and, if applicable, approval of the local municipalityits prior state.

POSSESSION AND CONDITION OF PREMISES. Possession Exclusive possession of the Subleased Premises shall be delivered to Subtenant Sublessee on the Sublease Commencement Date. It shall be the sole responsibility of Subtenant to obtain all zoning and occupancy permits and approvals required by any governmental entity for Subtenant’s use and occupancy of the Subleased Premises, and the granting of such permits and approvals shall not be a condition of Subtenant’s obligations under this Sublease. If exclusive possession of the Subleased Premises is 3 not delivered to Subtenant Sublessee on the or before November 15, 2004, Sublessee may terminate this Sublease Commencement Dateupon written notice to Sublessor delivered on or before December 15, Sublandlord 2004. Upon such termination, Sublessor shall have no liability promptly refund to Subtenant and the Sublease Commencement Date shall be postponed Sublessee all monies previously tendered to the date on which Sublandlord delivers possession of the Subleased Premises to SubtenantSublessor. Subtenant Except as otherwise expressly provided herein, Sublessee agrees to accept possession of the Subleased Premises on in accordance with the Sublease Commencement Date foregoing schedule in its “AS IS” “WHERE IS” conditioncondition existing on the date this Sublease is executed by Sublessor. Sublessee acknowledges that, Sublandlordexcept as expressly set forth herein, Sublessor has not made any representation or warranty, express or implied, with respect to the condition of the Premises, the suitability or fitness of the Premises for the conduct of Sublessee’s permitted use or for any other purposes, or the actual dimensions of the Premises. Sublessee represents and warrants that Sublessee has conducted a thorough and diligent inspection and investigation, either independently or through agents of Sublessee’s own choosing, of the Premises and the suitability of the Premises for Sublessee’s intended use, that Sublessee is fully aware of the needs of its operations and has determined, based solely on its own investigation, that the Premises are suitable for its operations and intended use. In no event shall Sublessor be liable for any defect in the Premises or for any limitations on the use of the Premises, except as expressly and specifically set forth in this Sublease. Sublessor’s sole obligation with respect to the condition of the Subleased Premises being upon delivery of possession shall be to deliver it free of Sublandlord’s personal property except for in broom clean condition with all building systems (electrical, plumbing and HVAC), roof membrane, parking lot, driveways, sidewalks and truck doors in good operating condition. In addition, Sublessee agrees that the furniture, fixtures and equipment: which Subtenant is granted the right sole improvements required to use pursuant be made by Sublessor to the provisions Premises shall be to replace all damaged ceiling tiles, touch up the interior paint, repair the flooring in the labs as reasonably needed, and coil the coaxial cable and secure it to a T-Bar out of Section 26 sight. If Sublessee fails to provide Sublessor written notice that any of this Sublease.. Subtenant acknowledges thatthe foregoing warranted portions of the Premises are not in good operating condition or that the improvements Sublessor agreed to make are incomplete or defective within forty-five (45) days after the Commencement Date, except as expressly then Sublessor shall be deemed to have complied with its obligations set forth hereinin the immediately preceding sentence, no representations have been made to Subtenant with respect to the physical condition and Sublessee’s obligations regarding maintenance and repair of the Subleased Premises or its suitability for Subtenant’s intended and permitted use and that in entering into this Sublease, Subtenant has relied exclusively upon its own examination such shall be controlled by Paragraph 7 of the Subleased Premises and the Master Lease. Subtenant If Sublessee timely notifies Sublessor that any of the foregoing warranted portions of the Premises are not in good operating condition or that the improvements Sublessor agreed to make are incomplete or defective, Sublessor shall promptly correct the same; provided, however, that if any of the warranted items are the obligation of the Master Lessor to repair, Sublessor shall promptly notify the Master Lessor of the need for repair. Sublessee specifically acknowledges and agrees that Sublandlord has Sublessor shall have no and shall not have any obligation to perform any improvements, repairs or other work to the Subleased Premises in connection with this Sublease other than to deliver possession as hereinabove specified. In connection with Subtenant’s possession, use and occupancy Sublessee shall look solely to Master Lessor for performance of the Subleased Premises, Sublandlord agrees that Subtenant, at Subtenant’s sole cost and expense, shall any repairs required to be entitled to Building and marquee signage consistent with and subject to all of performed by Master Lessor under the terms and conditions of the Master Lease includingLease, without limitationand if Master Lessor fails to perform any such repairs within thirty (30) days after Master Lessor has been requested to do so by Sublessee, the requirements then Sublessee shall promptly notify Sublessor of Master Landlord andLessor’s failure to perform, if applicable, approval of the local municipalityand use reasonable efforts to cause Master Lessor to perform any such repairs and maintenance as provided in Paragraph 23(a) below.

POSSESSION AND CONDITION OF PREMISES. Possession of the Subleased Premises shall be delivered to Subtenant Tenant on the Sublease Commencement Effective Date. It Landlord shall be deliver the sole responsibility Premises to Tenant free of Subtenant to obtain any and all zoning and occupancy permits and approvals required by any governmental entity for Subtenant’s use and occupancy actionable levels of Hazardous Materials (defined in Paragraph 22 below) as of the Subleased Commencement Date (defined below). The Premises is subject to the Burrowing. Owl Management Plan (“BOMP”), as amended, a copy of which is attached as Exhibit C. From and after the Effective Date, Tenant shall participate in the Burrowing Owl Management Group and shall bear any future obligations or liabilities regarding burrowing owls on the Premises, and the granting of such permits and approvals shall not be a condition of Subtenant’s obligations under this Sublease. If By taking possession of the Subleased Premises is not delivered Premises, Tenant shall be deemed to Subtenant on the Sublease Commencement Dateacknowledge and agree that, Sublandlord shall have Landlord has no liability to Subtenant and the Sublease Commencement Date shall be postponed to the date on which Sublandlord delivers possession of the Subleased Premises to Subtenant. Subtenant agrees to accept possession of the Subleased Premises on the Sublease Commencement Date in its “AS IS” “WHERE IS” condition, Sublandlord’s sole obligation with respect to the condition of the Subleased Premises being to deliver it free of Sublandlord’s personal property except for the furniture, fixtures and equipment: which Subtenant is granted the right to use pursuant to the provisions of Section 26 of this Sublease.. Subtenant acknowledges that, except as expressly set forth herein, no representations have been made to Subtenant with respect to the physical condition of the Subleased Premises or its suitability for Subtenant’s intended and permitted use and that in entering into this Sublease, Subtenant has relied exclusively upon its own examination of the Subleased Premises and the Master Lease. Subtenant specifically acknowledges and agrees that Sublandlord has no and shall not have any obligation to perform any improvements, repairs or other work to the Subleased Premises obligations in connection with burrowing owls on the Premises during the term of this Sublease Lease. Landlord represents that, to Landlord’s present actual knowledge, Landlord has received no written notice that the Premises is in violation of any applicable laws, and there are no pending or threatened condemnation proceedings, governmental investigations or any other than litigation or other proceedings that may affect the Premises except as has been disclosed in writing to deliver possession Tenant. Except as hereinabove specifiedprovided in this Paragraph 1(b), the Premises is being leased to Tenant “as is,” without representation or warranty of any kind, express or implied. In connection Tenant acknowledges that Tenant is leasing the Premises based on Tenant’s own investigations, and that except as contained in this Lease, neither Landlord nor District nor any agent of Landlord or District, has made any representation or warranty whatsoever, express or implied, with Subtenant’s possession, use and occupancy of regard to the Subleased Premises, Sublandlord agrees that Subtenant, at Subtenant’s sole cost and expense, shall be entitled to Building and marquee signage consistent with and subject to all of the terms and conditions of the Master Lease Premises including, without limitation, any representations or warranties regarding governmental regulations, the soil or subsoil, surface or subsurface conditions, topography, possible contamination, fill, drainage, access to public roads, proposed routes or extensions thereof, availability of utilities, existence of underground construction or tanks, environmental laws, environmental impact report requirements or any other matter of Master Landlord and, if applicable, approval of the local municipalityany nature whatsoever.

POSSESSION AND CONDITION OF PREMISES. Possession of the Subleased Premises shall be delivered to Subtenant on the Sublease Commencement Date. It shall be the sole responsibility of Subtenant to obtain all zoning and occupancy permits and approvals required by any governmental entity for Subtenant’s use and occupancy of the Subleased Premises, and the granting of such permits and approvals shall not be a condition of Subtenant’s obligations under this Sublease. If possession of the Subleased Premises is not delivered to Subtenant on the or before April 1, 2004, Subtenant may terminate this Sublease Commencement Dateupon written notice to Sublandlord delivered on or before April 9, 2004 Upon such termination, Sublandlord shall have no liability promptly refund to Subtenant and the Sublease Commencement Date shall be postponed all monies previously tendered to the date on which Sublandlord delivers possession of the Subleased Premises to SubtenantSublandlord. Subtenant agrees to accept possession of the Subleased Premises on in accordance with the Sublease Commencement Date foregoing schedule in its “AS IS” “WHERE IS” condition, Sublandlord’s sole obligation with respect to the condition of the Subleased Premises upon delivery of possession being to deliver it free in broom clean condition with all building systems (electrical and HVAC) in good working condition, the roof in good repair and watertight and all damaged and/or stained ceiling tiles replaced. If Subtenant fails to provide Sublandlord written notice that any systems are not in good working condition or that the roof is not in good repair and watertight, or that there remain damaged or stained ceiling tiles within thirty (30) days after the Sublease Commencement Date, then Sublandlord shall be deemed to have complied with its obligations set forth in the immediately preceding sentence and Subtenant’s obligations regarding maintenance and repair of Sublandlord’s personal property except for such shall be controlled by Section 10 of the furniture, fixtures and equipment: which Subtenant is granted the right to use pursuant to the provisions of Section 26 of this Sublease.. Master Lease. Subtenant acknowledges that, except as expressly set forth herein, no representations have been made to Subtenant with respect to the physical condition of the Subleased Premises or its suitability for Subtenant’s intended and permitted use and that in entering into this Sublease, Subtenant has relied exclusively upon its own examination of the Subleased Premises and the Master Lease. Subtenant specifically acknowledges and agrees that Sublandlord has no and shall not have any no obligation to perform any improvements, repairs or other work to in the Subleased Premises Pemises in connection with this Sublease other than to deliver possession as hereinabove specified. In connection with Subtenant’s possession, use and occupancy of the Subleased Premises, Sublandlord agrees that Subtenant, at Subtenant’s sole cost and expense, Subtenant shall be entitled to Building and marquee monument signage consistent with and subject to all of the terms and conditions of the Master Lease including, without limitation, the requirements requirement of Master Landlord and, if applicable, approval of the local municipalitycity approval.