Subject to Landlord s obligation to perform its maintenance obligations as set forth herein and to complete the Tenant Improvements, Tenant is leasing the Premises in “as-is, where is” condition, without any obligation on the part of Landlord to make or pay for any improvements therein except as expressly set forth in this Lease. Subject to the foregoing, no representation or warranty, express or implied, has been made by Landlord with respect to any matter whatsoever, including the condition of the Premises or the Building, the suitability of the Premises or the Building for Tenant’s particular use, or any other conditions that may affect Tenant’s use and enjoyment of the Premises or the Building. No rights to any view or to light or air over the Building or any other property, whether belonging to Landlord or any other person, are granted to Tenant by this Lease. Landlord’s failure to Substantially Complete the applicable portion of the Tenant Improvements by the Target Commencement Date (described in Section 1.06) shall not be a Landlord Default or otherwise render Landlord liable for damages. Landlord shall not be liable for a failure to deliver possession of the Premises or any other space due to the holdover or unlawful possession of such space by another party, provided, however, Landlord shall use commercially reasonable efforts to obtain possession of any such space. Except as provided in Section 3.02 below, Tenant shall not be permitted to take possession of or enter the Premises prior to the Commencement Date without Landlord’s permission. Promptly after the determination of the Commencement Date, Landlord and Tenant shall execute and deliver a letter in the form attached hereto as Exhibit D (the “Commencement Letter”). Tenant’s failure to execute and return the Commencement Letter, or to provide a good faith written objection to the statements contained in the Commencement Letter, within ten (10) Business Days after the delivery of the Commencement Letter to Tenant, shall be deemed an approval by Tenant of the statements contained therein.
Subject to Landlord s duty to mitigate its damages, Landlord shall have the remedy described in California Civil Code Section 1951.4 (lessor may continue lease in effect after Xxxxxx's breach and abandonment and recover rent as it becomes due, if Xxxxxx has the right to sublet or assign, subject only to reasonable limitations). Accordingly, if Landlord does not elect to terminate this Lease on account of any event of default by Xxxxxx, Landlord may, from time to time, without terminating this Lease, enforce all of its rights and remedies under this Lease, including the right to recover all rent as it becomes due.
Subject to Landlord s receipt of any permits or other necessary governmental approvals with respect thereto, the Garage will be configured so that the majority of the parking spaces therein will be located behind a gate, which, during regular office business hours will restrict access to only those persons to whom Landlord has leased spaces therein. All of Tenant's Allocated Parking Spaces except those Spaces designated by Tenant for use as "Tenant's Visitor Parking" will be located behind said gate. The parties acknowledge that Landlord may "oversell" parking behind the gate on a commercially reasonable basis, provided that, upon written request from Tenant detailing problems associated with the unavailability of Tenant's Allocated Spaces (including Tenant's Reserved Spaces) behind the gate, Landlord will take whatever action is reasonably necessary (including retaining a parking attendant or reducing the number of spaces that Landlord "oversells") to alleviate any problems associated with the unavailability of any portion of Tenant's Allocated Spaces behind the gate. The cost of any such actions to remedy such a problem shall be a part of the Operating Costs described in Section 4.3
Subject to Landlord s receipt of written approval from Prime Lessor of the subleasing contemplated hereby, Landlord subleases to Tenant, and Tenant hereby hires and takes from Landlord, the Sublet Space for a term (hereinafter defined as the "Term") commencing upon the Sublet Space Commencement Date and expiring upon the Expiration Date, subject to all terms, provisions, covenants and conditions of the Lease and this sublease.
Subject to Landlord s obligation to provide the services described in Section 8, the Tenant shall keep the Premises in a neat, clean and orderly appearance to a standard of cleanliness reasonably satisfactory to the Landlord. The Tenant shall use commercially reasonable efforts to maintain the Premises free of all pests. The Tenant shall (a) surrender the Premises at the expiration of the Term or at such other time as the Tenant may vacate the Premises in as good condition as when received, except for (i) ordinary wear and tear, (ii) damage by casualty (other than such damage by casualty which is caused, by the willful misconduct of the Tenant, its agents, officers, employees or contractors and which is not wholly covered by the Landlord's hazard insurance policy), or (iii) acts of God, and (b) take care not to overload the electrical wiring serving the Premises or located within the Premises.
