Common use of Condition of Additional Premises Clause in Contracts

Condition of Additional Premises. TENANT WORK, LANDLORD ALLOWANCE, SUITE SIGN; AESTHETICS FROM COMMON AREAS. Tenant has inspected the Additional Premises (and portions of the Building, Property, systems and equipment providing access to or serving the Additional Premises) or has had an opportunity to do so, and agrees to accept the same "AS IS" without any agreements, representations, understandings or obligations on the part of Landlord to perform or pay for any alterations, repairs or improvements, except that Landlord shall provide an "Allowance" towards the "Cost of the Work" that Tenant performs all as set forth in Exhibit B hereto. Tenant may also use the Allowance for reasonable out-of-pocket costs of designing and installing one (1) sign identifying Tenant's name and logo on the glass separation between the Additional Premises and the ground floor lobby of the Building, subject to Landlord's prior written approval of the size, colors, and all other details; Landlord may withhold such approval in Landlord's sole good faith opinion. Because the Additional Premises is located on the ground floor and is visible from the main Building lobby: (a) Landlord reserves the right to approve in writing, in Landlord's sole good faith opinion, all internal lighting, signs, and other matters, in the Additional Premises that may be visible from the public, common or exterior areas of the Property, (b) Tenant shall at all times keep the appearance of the portion of the Additional Premises that is visible from public, common and exterior areas of the Property in a neat, professional, attractive, and first class condition, and (c) Landlord reserves the right, at Landlord's sole cost, to replace the glass separation, including replacement with frosted glass, apply a covering or coating over the glass and/or install blinds over the glass and require that Tenant keep such blinds closed.

Condition of Additional Premises. TENANT WORK, LANDLORD ALLOWANCE, SUITE SIGN; AESTHETICS FROM COMMON AREAS. Tenant has inspected shall accept the Additional Premises (and portions of the Buildingin its as-is, Property, systems and equipment providing access to or serving the Additional Premises) or has had an opportunity to do so, and agrees to accept the same "AS IS" without any agreements, representations, understandings or obligations on the part where-is condition. No promise of Landlord to perform alter, remodel or pay for any alterations, repairs improve the Additional Premises or improvements, except that Landlord shall provide an "Allowance" towards the "Cost Building and no representation respecting the condition of the Work" that Additional Premises or the Building has been made by Landlord to Tenant performs all other than as expressly set forth in Exhibit B heretothis Third Amendment. Tenant may also use Notwithstanding the Allowance for reasonable out-of-pocket costs of designing and installing one (1) sign identifying Tenant's name and logo on foregoing, to the glass separation between the Additional Premises and the ground floor lobby of the Building, subject to Landlord's prior written approval of the size, colors, and all other details; Landlord may withhold such approval in Landlord's sole good faith opinion. Because extent that the Additional Premises is located on not separately metered for electrical usage as required by Article 7 of the ground floor Original Lease, Landlord, at its sole cost and is visible from expense, shall install electrical meters and equipment to accomplish same. Landlord shall give Tenant a total allowance (“Additional Premises Allowance”) of $390,900.00 ($15.00/rsf) as a credit towards the main Building lobby: (a) Landlord reserves the right to approve in writing, in Landlord's sole good faith opinion, all internal lighting, signs, and other matters, cost of performing certain improvements in the Additional Premises that may be visible from and/or in the publicExisting Premises, common or exterior areas including but not limited to hard construction costs, soft costs, permit fees, escrow fees, specialty consulting fees, the cost of architectural drawings, MEP drawings, general conditions, overhead and profit of the Propertygeneral contractor and subcontractors, and the cost of wiring, furniture, fixtures and equipment for the Additional Premises and/or the Existing Premises, as more particularly described in that certain Work Letter Agreement (bthe “Work Letter Agreement”) Tenant attached hereto and made a part hereof as Exhibit B. The Additional Premises Allowance shall at all times keep be paid upon receipt of lien waivers, invoices and other documentation reasonably requested by Landlord, as provided in the appearance of Work Letter Agreement All work to be performed in the portion Additional Premises and/or in the Existing Premises shall be performed in a good and workmanlike manner in accordance with the Lease. The Additional Premises Allowance must be used within twelve months after the Additional Premises Commencement Date or it will no longer be available to Tenant. Up to $260,600.00 ($10.00/rsf) of the Additional Premises that is visible from publicAllowance, common and exterior areas may, at Tenant’s election, be applied towards Base Rent for the Premises next becoming due on or after October 1, 2010. Tenant shall not be required to remove at the end of the Property Term the Work (as defined in a neat, professional, attractive, and first class condition, and (cthe Work Letter Agreement) Landlord reserves performed in the right, at Landlord's sole cost, to replace the glass separation, including replacement with frosted glass, apply a covering or coating over the glass and/or install blinds over the glass and require that Tenant keep such blinds closedAdditional Premises.

Condition of Additional Premises. TENANT WORK, LANDLORD ALLOWANCE, SUITE SIGN; AESTHETICS FROM COMMON AREAS. Tenant has inspected acknowledges that (a) it is fully familiar with the condition of the Additional Premises (and portions of and, notwithstanding anything to the Buildingcontrary in the Lease, Property, systems and equipment providing access to or serving the Additional Premises) or has had an opportunity to do so, and agrees to accept take the same "AS IS" without any agreements, representations, understandings or obligations on the part in its condition “as is” as of Landlord to perform or pay for any alterations, repairs or improvements, except that Landlord shall provide an "Allowance" towards the "Cost of the Work" that Tenant performs all as set forth in Exhibit B hereto. Tenant may also use the Allowance for reasonable out-of-pocket costs of designing and installing one (1) sign identifying Tenant's name and logo on the glass separation between the Additional Premises and the ground floor lobby of the Building, subject to Landlord's prior written approval of the size, colors, and all other details; Landlord may withhold such approval in Landlord's sole good faith opinion. Because the Additional Premises is located on the ground floor and is visible from the main Building lobby: (a) Landlord reserves the right to approve in writing, in Landlord's sole good faith opinion, all internal lighting, signs, and other matters, in the Additional Premises that may be visible from the public, common or exterior areas of the PropertyCommencement Date, (b) Tenant shall at all times keep neither Landlord nor any agent of Landlord has made (and neither Landlord nor any agent of Landlord hereby makes) any representation or warranty of any kind whatsoever, express or implied, regarding the appearance of Additional Premises, including (without limitation) any representation or warranty with respect to the portion condition of the Additional Premises that is visible from public, common and exterior areas or with respect to the suitability of the Property in a neat, professional, attractive, and first class condition, Additional Premises for the conduct of Tenant’s business and (c) Landlord reserves shall have no obligation to alter, repair or otherwise prepare the rightAdditional Premises for Tenant’s occupancy or to pay for any improvements to the Additional Premises. The Additional Premises have not undergone inspection by a Certified Access Specialist (as defined in California Civil Code Section 55.52). Notwithstanding anything to the contrary in this Section, Landlord shall deliver the Additional Premises to Tenant with the heating, ventilating and air conditioning systems serving the Additional Premises in good working order, condition and repair (such obligation, “Landlord’s Delivery Obligation”). Tenant’s taking possession of the Additional Premises shall, except as otherwise agreed to in writing by Landlord and Tenant, conclusively establish that the Additional Premises, the Building and the Project were at such time in good, sanitary and satisfactory condition and repair and that Landlord’s Delivery Obligation was satisfied; provided that, if Landlord fails to satisfy Landlord’s Delivery Obligation (a “Delivery Shortfall”), then Tenant may, as its sole and exclusive remedy, deliver notice of such failure to Landlord detailing the nature of such failure (a “Shortfall Notice”); provided, further, that any Shortfall Notice must be received by Landlord no later than the date (the “Shortfall Notice Deadline”) that is thirty (30) days after the First Amendment Execution Date. In the event that Landlord receives a Shortfall Notice on or before the Shortfall Notice Deadline, Landlord shall, at Landlord's sole cost’s expense, promptly remedy the Delivery Shortfall. Landlord shall not have any obligations or liabilities in connection with a failure to replace satisfy Landlord’s Delivery Obligation except to the glass separation, including replacement with frosted glass, apply extent such failure is identified by Tenant in a covering Shortfall Notice delivered to Landlord on or coating over before the glass and/or install blinds over the glass and require that Tenant keep such blinds closedShortfall Notice Deadline.

Condition of Additional Premises. TENANT WORK, LANDLORD ALLOWANCE, SUITE SIGN; AESTHETICS FROM COMMON AREASTenant acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of the Additional Premises or with respect to the suitability of the Additional Premises for the conduct of Tenant’s business. Tenant has inspected acknowledges that (a) it is fully familiar with the condition of the Additional Premises and agrees to take the same in its condition “as is” as of the Additional Premises Term Commencement Date and (b) Landlord shall have no obligation to alter, repair or otherwise prepare the Additional Premises for Tenant’s occupancy or to pay for or construct any improvements to the Additional Premises, except for payment of the Additional Premises TI Allowance (as defined below), performance of Landlord’s Delivery Obligation (as defined below) and performance of any express repair and maintenance obligations of Landlord under the Lease. Landlord shall deliver the Additional Premises to Tenant with the existing elevators, heating, ventilating, air conditioning, electrical, plumbing and fire and life-safety systems serving the Additional Premises (collectively, the “Building Systems”) in good working order, condition and portions of the Buildingrepair (such obligation, Property, systems and equipment providing access to or serving the Additional Premises) or has had an opportunity to do so, and agrees to accept the same "AS IS" without any agreements, representations, understandings or obligations on the part of Landlord to perform or pay for any alterations, repairs or improvements, except that Landlord shall provide an "Allowance" towards the "Cost of the Work" that Tenant performs all as set forth in Exhibit B hereto“Landlord’s Delivery Obligation”). Tenant may also use the Allowance for reasonable out-of-pocket costs of designing and installing one (1) sign identifying Tenant's name and logo on the glass separation between the Additional Premises and the ground floor lobby of the Building, subject to Landlord's prior written approval of the size, colors, and all other details; Landlord may withhold such approval in Landlord's sole good faith opinion. Because the Additional Premises is located on the ground floor and is visible from the main Building lobby: (a) Landlord reserves the right to approve in writing, in Landlord's sole good faith opinion, all internal lighting, signs, and other matters, in the Additional Premises that may be visible from the public, common or exterior areas of the Property, (b) Tenant shall at all times keep the appearance of the portion ’s taking possession of the Additional Premises shall, except as otherwise agreed to in writing by Landlord and Tenant, conclusively establish that the Additional Premises was at such time in good, sanitary and satisfactory condition and repair and that Landlord’s Delivery Obligation was satisfied; provided that, if Landlord fails to satisfy Landlord’s Delivery Obligation (a “Delivery Shortfall”), then Tenant may, as its sole and exclusive remedy, deliver notice of such failure to Landlord detailing the nature of such failure (a “Shortfall Notice”); provided, further, that any Shortfall Notice must be received by Landlord no later than the date (the “Shortfall Notice Deadline”) that is visible from publicsixty (60) days after the Additional Premises Term Commencement Date. In the event that Landlord receives a Shortfall Notice on or before the Shortfall Notice Deadline, common and exterior areas of the Property in a neat, professional, attractive, and first class condition, and (c) Landlord reserves the rightshall, at Landlord's sole cost’s expense (without inclusion in Operating Expenses), promptly remedy the Delivery Shortfall. Notwithstanding anything to replace the glass separationcontrary in this Amendment, including replacement Landlord shall not have any obligations or liabilities in connection with frosted glass(x) a failure to satisfy Landlord’s Delivery Obligation except to the extent such failure is identified by Tenant in a Shortfall Notice delivered to Landlord on or before the Shortfall Notice Deadline, apply or (y) any failure of the Building Systems to be in good working order, condition or repair due to any event, circumstance or other factor arising or occurring after the Additional Premises Term Commencement Date (including, without limitation, (i) any act or omission of Tenant, Tenant’s contractors or subcontractors, or any of their respective employees, agents or invitees, (ii) the construction of the Tenant Improvements (as defined below), or (iii) Tenant’s failure to properly repair or maintain the Additional Premises as required by the Lease), and no Delivery Shortfall shall be deemed to have occurred as a covering or coating over the glass and/or install blinds over the glass and require that Tenant keep such blinds closedresult thereof.

Condition of Additional Premises. TENANT WORK(a) Tenant acknowledges that Tenant is fully familiar with the condition of the Additional Premises, LANDLORD ALLOWANCE, SUITE SIGN; AESTHETICS FROM COMMON AREAS. that Tenant has inspected shall take possession of the Additional Premises in its then present "as is" condition on the Effective Date, and that Landlord shall have no obligation to alter, improve, decorate or otherwise prepare the Additional Premises for Tenant's occupancy other than to (i) reconstruct the public corridor on the 15th floor of the Building (including new ceiling, lighting, wall treatment and portions carpeting), generally where shown on Exhibit A annexed hereto; and (ii) provide a point of connection to the Class E fire safety system of the Building, Propertyall as more particularly described in Section 7(g) below (items (i) and (ii) are, systems collectively, "Landlord's Additional Premises Work"). Tenant acknowledges that Landlord's Additional Premises Work may be performed by Landlord contemporaneously with the completion by Tenant of initial alterations proposed by Tenant to prepare the Additional Premises for Tenant's occupancy ("Initial Alterations") and equipment providing Tenant hereby agrees to provide Landlord and its agents and employees access to or serving the Additional Premises) or has had an opportunity to do so, and agrees to accept the same "AS IS" without any agreements, representations, understandings or obligations Premises during Business Hours on the part of Business Days in order for Landlord to perform or pay for any alterations, repairs or improvements, except cause to be performed such items of work; it being agreed that Landlord shall provide an "Allowance" towards have no obligation to employ contractors or labor at so-called overtime or other premium pay rates or to incur any other overtime costs or expenses whatsoever. Notwithstanding the "Cost foregoing, Landlord expressly undertakes to substantially complete Landlord's Additional Premises Work within ninety (90) days after the completion of the Work" that Tenant performs all as set forth in Exhibit B hereto. Tenant may also use the Allowance for reasonable out-of-pocket costs of designing and installing one (1) sign identifying Tenant's name and logo on the glass separation between the Additional Premises and the ground floor lobby of the BuildingInitial Alterations, subject to Landlorddelay by reason of Force Majeure Causes. Tenant at its sole cost and expense, may make all such alterations as Tenant may consider necessary or desirable in furtherance of Tenant's prior written approval occupancy of the size, colors, and all other details; Landlord may withhold such approval in Landlord's sole good faith opinion. Because the Additional Premises is located on the ground floor and is visible from the main Building lobby: (a) Landlord reserves the right to approve in writing, in Landlord's sole good faith opinion, all internal lighting, signs, and other matters, in the Additional Premises that may be visible from the public, common or exterior areas of the Property, (b) Tenant shall at all times keep the appearance of the portion of the Additional Premises that is visible from public, common and exterior areas of the Property in a neat, professional, attractive, and first class condition, and (c) Landlord reserves the right, at Landlord's sole cost, to replace the glass separation, including replacement with frosted glass, apply a covering or coating over the glass and/or install blinds over the glass and require that Tenant keep such blinds closed.the

Condition of Additional Premises. TENANT WORK, LANDLORD ALLOWANCE, SUITE SIGN; AESTHETICS FROM COMMON AREAS. Tenant has inspected shall accept the Additional Premises (in its as-is condition as long as the building systems are operating as they were designed and portions the Additional Premises is, to the best knowledge of Landlord, compliant with all governing agency codes, and no promise of Landlord to alter, remodel or improve the Additional Premises or the Building and no representation respecting the condition of the BuildingAdditional Premises or the Building has been made by Landlord to Tenant other than as expressly set forth in this Amendment. Landlord shall give Tenant a total allowance (“Additional Premises Allowance”) of $157,860 ($20.00/rsf) as a credit towards the cost of performing certain improvements, Propertyincluding the cost of wiring, systems furniture, fixtures and equipment providing access to or serving for the Additional Premises, as more particularly described in that certain Work Letter Agreement (the “Work Letter Agreement”) or has had an opportunity to do so, attached hereto and agrees to accept the same "AS IS" without any agreements, representations, understandings or obligations on the made a part of Landlord to perform or pay for any alterations, repairs or improvements, except that Landlord shall provide an "Allowance" towards the "Cost of the Work" that Tenant performs all hereof as set forth in Exhibit B hereto. Tenant may also use the Allowance for reasonable out-of-pocket costs of designing and installing one (1) sign identifying Tenant's name and logo on the glass separation between the B. The Additional Premises and the ground floor lobby Allowance shall be paid upon receipt of the Buildinglien waivers, subject to Landlord's prior written approval of the size, colors, and all other details; Landlord may withhold such approval in Landlord's sole good faith opinion. Because the Additional Premises is located on the ground floor and is visible from the main Building lobby: (a) Landlord reserves the right to approve in writing, in Landlord's sole good faith opinion, all internal lighting, signs, invoices and other mattersdocumentation reasonably requested by Landlord, as provided in the Work Letter Agreement. All work to be performed in the Additional Premises that may shall be visible from performed in a good and workmanlike manner in accordance with the public, common or exterior areas of the Property, (b) Tenant shall at all times keep the appearance of the Lease. Any unused portion of the Additional Premises that is visible from publicAllowance, common and exterior areas may, at Tenant’s election, be applied towards Base Rent for the Premises next becoming due. Tenant shall not be required to remove at the end of the Property Term the Work (as defined in a neat, professional, attractive, and first class condition, and (cthe Work Letter Agreement) Landlord reserves performed in the right, at Landlord's sole cost, to replace the glass separation, including replacement with frosted glass, apply a covering or coating over the glass and/or install blinds over the glass and require that Tenant keep such blinds closedAdditional Premises.

Condition of Additional Premises. TENANT WORK(a) Tenant acknowledges that Tenant is fully familiar with the condition of the Additional Premises, LANDLORD ALLOWANCEthat Tenant shall take possession of the Additional Premises in its then present "as is" condition on the Effective Date, SUITE SIGNand that Landlord shall have no obligation to alter, improve, decorate or otherwise prepare the Additional Premises for Tenant's occupancy other than to (i) reconstruct the public corridor on the 15th floor of the Building (including new ceiling, lighting, wall treatment and carpeting), generally where shown on Exhibit A annexed hereto; AESTHETICS FROM COMMON AREASand (ii) provide a point of connection to the Class E fire safety system of the Building, all as more particularly described in Section 7(g) below (items (i) and (ii) are, collectively, "Landlord's Additional Premises Work"). Tenant has inspected acknowledges that Landlord's Additional Premises Work may be performed by Landlord contemporaneously with the completion by Tenant of initial alterations proposed by Tenant to prepare the Additional Premises for Tenant's occupancy ("Initial Alterations") and Tenant hereby agrees to provide Landlord and its agents and employees access to the Additional Premises during Business Hours on Business Days in order for Landlord to cause to be performed such items of work; it being agreed that Landlord shall have no obligation to employ contractors or labor at so-called overtime or other premium pay rates or to incur any other overtime costs or expenses whatsoever. Notwithstanding the foregoing, Landlord expressly undertakes to substantially complete Landlord's Additional Premises Work within ninety (90) days after the completion of Tenant's Initial Alterations, subject to delay by reason of Force Majeure Causes. Tenant at its sole cost and expense, may make all such alterations as Tenant may consider necessary or desirable in furtherance of Tenant's occupancy of the Additional Premises in compliance with all applicable requirements of insurance bodies having jurisdiction over the Building, the provisions of Article 6 of the Lease and this Section 7(a), and in such manner as not to interfere with, delay or impose any additional expense upon Landlord in the maintenance or operation of the Building. Subject to Landlord's approval of plans and specifications therefore and to Tenant's compliance with all applicable requirements of law and the provisions of Article 6, 7 and 8 of the Lease, Tenant shall have the right to install an interior stairway connecting the Additional Premises to the 16th Floor Premises. (b) Notwithstanding anything contained in Section 7(a) to the contrary, if asbestos is discovered in the Additional Premises in connection with Tenant's Initial Alterations, Landlord shall, at Landlord's expense, remove or enclose the asbestos to the extent required by, and in accordance with, all applicable Legal Requirements. (c) Subject to the terms and conditions set forth below, Landlord shall contribute up to $261,000.00 ("Landlord's Contribution") toward costs incurred by Tenant in connection with Tenant's Initial Alterations in the Additional Premises (it being agreed that Tenant may expend up to $26,000 of Landlord's Contribution on account of so-called "soft costs", including architectural, engineering, expediting and portions other consulting fees, and all necessary building department permits and approvals, but not including expenditures on personal property not constituting a permanent leasehold improvement). Landlord shall disburse from time to time, but not more often than once in any thirty (30) day period, within ten (10) Business Days after receipt of Tenant's request therefor, that portion of Landlord's Contribution equal to the amount set forth in Tenant's requisition; provided, however, that no advance shall be made if, and for so long as, Tenant shall be in default under the Lease beyond any applicable notice and cure period. No advance shall be made until (a) Landlord receives a request therefor from Tenant, (b) Landlord receives a certification of performance (AIA G702 REQ Form) from the architect of record and (c) Tenant submits to Landlord the following: (1) A certificate signed by Tenant and Tenant's architect dated not more than ten (10) days prior to such request setting forth (a) the sum then justly due to contractors, subcontractors, materialmen, engineers, architects and other persons who have rendered services or furnished materials in connection with Tenant's Initial Alterations, (b) a brief description of such services and materials and the amounts paid or to be paid from such requisition to each of such persons in respect thereof, (c) that the work described in the certificate has been completed substantially in accordance with Tenant's plans (this statement need not be made by Tenant, only by Tenant's architect), (d) that there has not been filed with respect to the Additional Premises or the Building or any part thereof or any improvements thereon, any vendor's, mechanic's, laborer's, materialmen's or other like liens arising out of Tenant's Initial Alterations which has not been discharged of record, and (e) that Tenant has complied with all of the Buildingconditions set forth in the Lease applicable to alterations, Propertyincluding the requirement that Tenant comply with Legal Requirements (statements (d) and (e) need not be made by Tenant's architect, systems only by Tenant); and (2) Partial lien waivers, paid receipts or such other proof of payment as Landlord shall reasonably require for all work done and equipment providing access materials supplied by all trade contractors, subcontractors and materialmen prior to the current requisition. Any portion of Landlord's Contribution remaining unpaid following (i) the completion of Tenant's Initial Alterations, (ii) the submission to Landlord of all of Tenant's requisitions for payment in respect thereof, and (iii) payment by Landlord of all sums evidenced by such requisitions, shall be retained by Landlord without credit to Tenant and without any abatement of Fixed Rent and/or additional rent hereunder. Notwithstanding anything to the contrary contained in this Section 7, if, at the time any payment by Landlord to Tenant of all or serving any portion of Landlord's Contribution is required to be made, Tenant is (d) Tenant expressly acknowledges that Landlord has applied for or may apply for the Property Tax Exemption and Deferral created by Title II, Chapter 2, Part 3 of the Administrative Code of the City of New York and accordingly, this Lease is subject to the provisions of Executive Order Nos. 50 (1980) and 100 (1986) and the Rules and Regulations promulgated thereunder, as same may from time to time be amended and the New York City Industrial and Commercial Incentive Program and the Rules and Regulations promulgated thereunder ("ICIP"). To the extent required, all work (including, but not limited to, all alterations or improvements by Tenant) must be done in strict compliance with the ICIP laws for as long as the Building continues to qualify for ICIP benefits and, to the extent required, Tenant acknowledges that Landlord may be required to condition its approval for any work to be done within the Additional Premises on the approval of a governmental agency in connection with the foregoing. In furtherance of the foregoing, Tenant and Tenant's contractor must cooperate in filing documents required by the Department of Finance and the Department of Business Services of the City of New York in the procurement of an ICIP exemption, the Lower Manhattan Energy Program ("LMEP") abatement, and the Lower Manhattan Real Property Tax Abatement Program ("LMRPTAP"). (e) Landlord shall not be required to expend the final ten percent (10%) of Landlord's Contribution until it has received from Tenant's architect, and Tenant's architect shall be responsible for obtaining, all certificates of final approval required by any governmental or quasi-governmental body in respect of Tenant's Initial Alterations and Tenant and Tenant's contractor shall submit any necessary filings required by the ICIP, the LMEP and/or the LMRPTAP. In the event Tenant (i) fails to obtain the certificates and approvals described above within six (6) months following the date Tenant has commenced beneficial occupancy of the Additional Premises, or (ii) fails to bond or has had an opportunity discharge any mechanic's lien filed against the Additional Premises or the Building or the Property or Landlord's leasehold interest therein for work claimed to have been done for or materials claimed to have been furnished to Tenant in connection with Tenant's Initial Alterations within the time period provided therefor in Section 6.02 of the Lease, then and in either such event, Landlord, upon twenty (20) days prior notice to Tenant, shall have the right to hire its own contractors or expediters to obtain said certificates and/or approvals and/or to discharge such liens, by payment, filing of the bond required by law or otherwise, and, at Landlord's option, to use all or any portion of the final ten percent (10%) of Landlord's Contribution in its reasonable attempt to do so, and agrees Tenant, upon Landlord's demand, shall reimburse Landlord for all unreimbursed costs so incurred in obtaining said certificates and/or approvals, and/or in cancelling, bonding and/or discharging such liens. (f) Following completion of any alterations or improvements by Tenant, Tenant shall cause Tenant's architect to accept obtain and such architect shall be responsible for obtaining final approval of alterations or improvements by Tenant from the same New York City Department of Buildings and other regulatory bodies having jurisdiction. In addition, Tenant shall be required to sign a written statement in form satisfactory to Landlord acknowledging the total cost of Tenant's Initial Alterations. (g) Any modifications, changes or alterations to the Class E fire safety system of the Additional Premises (the "AS IS" Fire Safety System"), including, without limitation, speakers, strobes and pull stations are deemed to be an alteration or improvement by Tenant and, in connection therewith, Tenant may use only the contractor or contractors designated by Landlord. Subsequent to any agreementsalterations or improvements by Tenant to the Fire Safety System, representationssuch system shall be repaired and maintained only by the contractors designated by Landlord from time to time, understandings or obligations on the part of Landlord to perform or pay for any alterations, repairs or improvements, except that at Tenant's cost. Landlord shall provide an "Allowance" towards a connection point for the "Cost Fire Safety System to the existing DGP panel closest to the Additional Premises, provided, however, that Tenant, at its own sole cost and expense, shall install the strobes, speakers and pull stations of the Work" that Tenant performs Fire Safety System and shall be responsible for all as set forth in Exhibit B hereto. Tenant may also use the Allowance for reasonable outtie-of-pocket costs of designing and installing one (1) sign identifying Tenant's name and logo on the glass separation ins between the Additional Premises and the ground floor lobby of the Building, subject to Landlord's prior written approval of the size, colors, and all other details; Landlord may withhold such approval in Landlord's sole good faith opinion. Because the Additional Premises is located on the ground floor and is visible from the main Building lobby: (a) Landlord reserves the right to approve in writing, in Landlord's sole good faith opinion, all internal lighting, signs, and other matters, in the Additional Premises that may be visible from the public, common or exterior areas of the Property, (b) Tenant shall at all times keep the appearance of the portion of the Additional Premises that is visible from public, common and exterior areas of the Property in a neat, professional, attractive, and first class condition, and (c) Landlord reserves the right, at Landlord's sole cost, to replace the glass separation, including replacement with frosted glass, apply a covering or coating over the glass and/or install blinds over the glass and require that Tenant keep such blinds closedpanel.

Condition of Additional Premises. TENANT WORKLandlord shall deliver the Additional --------------------------------- Premises to Tenant with the electrical, LANDLORD ALLOWANCE, SUITE SIGN; AESTHETICS FROM COMMON AREASmechanical and plumbing systems and roof of the Additional Premises in good operating condition. Tenant shall give Landlord written notice within thirty (30) days after the date of delivery of possession if any of the electrical, mechanical or plumbing systems or the roof of the Additional Premises is not in good operating condition on the date of Landlord's delivery of possession of the Additional Premises. If Tenant gives such notice, Landlord shall promptly make such repairs as are reasonably necessary to cause the electrical, mechanical and plumbing systems and/or roof to be in good operating condition. Tenant's failure to give written notice of the need for repairs to the electrical, mechanical and plumbing systems and/or roof within said thirty (30) day period shall be deemed Tenant's acceptance of such systems and roof in good operating condition. Except as set forth above in this ▇▇▇▇▇▇▇▇▇ ▇, ▇▇▇▇▇▇ hereby agrees that the Additional Premises shall be taken "as-is," "with all faults," and "without any representations or warranties". Tenant hereby agrees and warrants that it has inspected the Additional Premises (and portions condition of the Building, Property, systems and equipment providing access to or serving the Additional Premises) or has had an opportunity to do so, and agrees to accept the same "AS IS" without any agreements, representations, understandings or obligations on the part of Landlord to perform or pay for any alterations, repairs or improvements, except that Landlord shall provide an "Allowance" towards the "Cost of the Work" that Tenant performs all as set forth in Exhibit B hereto. Tenant may also use the Allowance for reasonable out-of-pocket costs of designing and installing one (1) sign identifying Tenant's name and logo on the glass separation between the Additional Premises and the ground floor lobby suitability of same for Tenant's purposes, and Tenant does hereby waive and disclaim any objection to, cause of action based upon, or claim that its obligations hereunder should be reduced or limited because of the Building, subject to Landlord's prior written approval of the size, colors, and all other details; Landlord may withhold such approval in Landlord's sole good faith opinion. Because the Additional Premises is located on the ground floor and is visible from the main Building lobby: (a) Landlord reserves the right to approve in writing, in Landlord's sole good faith opinion, all internal lighting, signs, and other matters, in the Additional Premises that may be visible from the public, common or exterior areas of the Property, (b) Tenant shall at all times keep the appearance of the portion condition of the Additional Premises or the Project or the suitability of same for Tenant's purposes. Tenant acknowledges that is visible from publicneither Landlord nor any agent nor any employee of Landlord has made any representations or warranties with respect to the Additional Premises or the Project or with respect to the suitability of either for the conduct of Tenant's business. Except as expressly set forth in this Paragraph 6, common and exterior areas the taking of possession of the Property Additional Premises by Tenant shall conclusively establish that the Additional Premises and the Project were at such time in a neat, professional, attractive, and first class satisfactory condition, and (c) Landlord reserves the right, at Landlord's sole cost, to replace the glass separation, including replacement with frosted glass, apply a covering or coating over the glass and/or install blinds over the glass and require that Tenant keep such blinds closed.