Condition of Expansion Space. Tenant has inspected the Expansion Space and agrees to accept the same “as is” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements, except as may be expressly provided otherwise in this Amendment.
Condition of Expansion Space. Subject to Sections 3 and 5, Tenant shall accept the Expansion Space in its “AS IS” condition. Tenant agrees that, except as set forth in this Agreement and the Work Letter, Landlord has no obligation and has made no promise to alter, remodel, improve, or repair the Expansion Space, or any part thereof, or to repair, bring into compliance with applicable laws, or improve any condition existing in the Expansion Space as of the Expansion Space Commencement Date. Subject to Sections 3 and 5, the taking of possession of the Expansion Space by Tenant shall be conclusive evidence that the Expansion Space and the Building were in good and satisfactory condition at the time possession was taken by Tenant. Subject to Sections 3 and 5, neither Landlord nor Landlord’s agents have made any representations or promises with respect to the condition of the Building, the Expansion Space, the land upon which the Building is constructed, the present or future suitability or fitness of the Expansion Space or the Building for the conduct of Tenant’s particular business, or any other matter or thing affecting or related to the Building or the Expansion Space, and no rights, easements or licenses are acquired by Tenant by implication or otherwise except as expressly set forth in this Original Lease. Subject to Sections 3 and 5, any improvements or personal property located in the Expansion Space are delivered without any representation or warranty from Landlord, either express or implied, of any kind, including without limitation, title, merchantability, or suitability for a particular purpose. Tenant shall deliver to Landlord any modifications to Tenant’s insurance required under the Original Lease to reflect the addition of the Expansion Space and Tenant’s entry into the Expansion Space prior to the delivery of possession to Tenant.
Condition of Expansion Space. Landlord shall deliver the Expansion Space to the Tenant in its “as is, where is” condition.
Condition of Expansion Space. Tenant shall take the applicable Expansion Space “as-is” in its then (i.e., as of the date of delivery) state of construction, finish, and decoration, without any obligation on the part of Landlord to construct or prepare such Expansion Space for Tenant’s occupancy, except that Landlord shall deliver such Expansion Space to Tenant in broom-clean condition, free of tenants and occupants. Nothing in this clause (f) shall relieve Landlord of its maintenance and repair obligations under the Lease.
Condition of Expansion Space. Landlord shall not be obligated to provide or pay for any improvements, work or services related to the improvement, remodeling or refurbishment of the 560 Expansion Space or the 180 Expansion Space, and Tenant shall accept, in its “AS-IS” condition, the 560 Expansion Space as of the 560 Expansion Space Commencement Date and the 180 Expansion Space as of the 180 Expansion Space Commencement Date. Notwithstanding the foregoing, Tenant shall be entitled to receive from Landlord a one (1) time refurbishment allowance (the “Refurbishment Allowance”) in the amount of up to, but not exceeding, Two Hundred Seventy Thousand Three Hundred Fifty Dollars ($270,350.00) (i.e., $25.00 per usable square foot in the 560 Expansion Space and the 180 Expansion Space) to help reimburse Tenant for the (i) actual out-of-pocket costs incurred and paid for by Tenant (collectively, the “Refurbishment Costs”) during the period commencing on the earlier to occur of the commencement date of the Work Period for the 560 Expansion Space and the commencement date of the Work Period for the 180 Expansion Space, and expiring on November 30, 2013 (the “Refurbishment Period”), for the design, construction, acquisition and installation of any permanently affixed tenant improvements and alterations which are made and/or installed by or for Tenant in or to the 560 Expansion Space and/or the 180 Expansion Space (the “Refurbishment Work”), and (ii) actual out-of-pocket costs incurred and paid for by Tenant (the “FF&E Costs”) during the Refurbishment Period for the purchase and installation of furniture, fixtures and equipment in the Expansion Space (the “FF&E”); provided, however, in no event shall Landlord be obligated to disburse to Tenant any portion of the Refurbishment Allowance for FF&E Costs in excess of Thirty-Two Thousand Four Hundred Forty-Two Dollars ($32,442.00). All Refurbishment Work, and the installation of the FF&E, shall be undertaken by Tenant in compliance with Article 11 of the Original Lease, and performed by contractors and subcontractors designated and retained by Tenant (subject to Landlord’s prior written approval, which shall not be unreasonably withheld, conditions or delayed). In no event shall Landlord be obligated to make disbursements pursuant to this Section 6.2 in a total amount which exceeds the Refurbishment Allowance. Landlord shall disburse the portion of the Refurbishment Allowance to be used to reimburse Tenant for the Refurbishment Costs and/or FF&E Costs (...
Condition of Expansion Space. Landlord will, at Landlord's sole cost and expense, construct all improvements to the Expansion Space necessary to characterize the Expansion Space as being in Shell Condition (hereinafter defined). As used herein the term "Shell Condition" means:
Condition of Expansion Space. Landlord shall be responsible for improving or altering the Expansion Space with tenant improvements similar in quantity and quality to the Initial Premises pursuant to plans approved by both Landlord and Tenant subject to the tenant improvement allowance set forth below. Landlord shall not be required to expend sums in improving the Expansion Space in excess of Ten and No/100 Dollars ($10.00) per rentable square foot area of any Expansion Space previously improved for occupancy, adjusted using January data for any increase or decrease in the U.S. Department of Labor Statistics Consumer Price Index, all items “All U.S. Urban Consumers”, U.S. City Average from January 1, 1991 to January 1, 1995.
Condition of Expansion Space. Landlord shall deliver the Expansion Space to Tenant on the Expansion Effective Date in broom clean condition, free of all personal property, debris and free of any occupants. Tenant has inspected the Expansion Space and agrees to accept the same “as is” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements, except as may be expressly provided otherwise in this Fourth Amendment.
Condition of Expansion Space. Tenant has been occupying the Expansion Space pursuant to the Sublease and, therefore, Tenant is familiar with the condition thereof. Tenant hereby accepts the Expansion Space in its “as-is” condition, and Landlord shall not be obligated to make any alterations, additions, repairs or improvements or to do any work whatsoever on, to or within the Expansion Space.
Condition of Expansion Space. In addition to the Landlord Work, as set forth in Exhibit B to the Second Amendment and as shown on Exhibit B-1 to the Second Amendment, Landlord shall perform additional improvements to the Expansion Space in accordance with the work letter attached hereto as Exhibit A, Third Amendment (“Additional Landlord Work”). Any reference in the Lease or hereafter in this Third Amendment to the Landlord Work shall also refer to the Additional Landlord Work.
