Condition of Demised Premises Clause Samples
The "Condition of Demised Premises" clause defines the required state or quality of the leased property at the time the tenant takes possession. It typically outlines whether the premises are provided "as is" or if the landlord must make certain repairs or improvements before occupancy. For example, the clause may specify that the landlord will ensure all building systems are in working order or that the tenant accepts the property in its current condition. This clause serves to clarify expectations and responsibilities regarding the property's condition, thereby reducing disputes over maintenance and repair obligations at the start of the lease.
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Condition of Demised Premises. Tenant acknowledges and agrees that it shall hire and take the Demised Premises from Landlord in its present state of title, subject to all existing liens, charges, encumbrances and any other matters affecting title. Except as specifically set forth in this Lease, Tenant agrees to accept the Demised Premises “as is,” in the existing condition and state of repair as of the date hereof and without recourse to Landlord. Tenant further agrees that no representations, statements or warranties, express or implied, have been made by or on behalf of Landlord and Tenant has not relied on any representations, statements or warranties, express or implied, in respect of the Demised Premises or in respect of the condition thereof or the present or future use or occupation that may be made thereof, the zoning or other Requirements (as hereinafter defined), transferable development rights, encumbrances thereon, appurtenances, or title thereto (except as may be expressly set forth in this Lease). Without limiting the generality of the foregoing, Tenant has not relied on any representations or warranties other than as expressly set forth herein as to (1) the current or future real estate tax liability, assessment or valuation of the Demised Premises, (2) the potential qualification of the Demised Premises for any and all benefits conferred by federal, state or municipal laws, whether for subsidies, special real estate tax treatment, insurance, mortgages, or any other benefits, whether similar or dissimilar to those enumerated, (3) the compliance of the Demised Premises, in its current or any future state, with applicable zoning ordinances and the ability to obtain a change in the zoning or a variance with respect to the Demised Premises’ non-compliance, if any, with said zoning ordinances, (4) the availability of any financing for the purchase, alteration or operation of the Demised Premises from any source, (5) the current or future use of the Demised Premises, including, but not limited to, the Demised Premises’ use for residential or commercial purposes, (6) the present or future structural and physical condition of any building, (7) the presence or absence of any Requirements and any violations thereof, and (8) the presence or absence of any Hazardous Materials (as hereinafter defined), and the compliance or non-compliance with any Environmental Laws (as hereinafter defined). Landlord shall in no event whatsoever be liable for any latent or patent defects in the Demise...
Condition of Demised Premises. Notwithstanding anything to the contrary in this Sublease, Sublandlord warrants and represents that as of the Commencement Date (as defined in Article III below), (i) the Demised Premises will be in good condition and repair and the electrical, mechanical, HVAC, plumbing, elevator and other systems serving the Demised Premises will be in good condition and repair; and (ii) the Demised Premises shall conform to all requirements of covenants, conditions, restrictions and encumbrances ("CC&R's"), all underwriter's requirements, and all rules, regulations, statutes, ordinances, laws and building codes, (collectively, "Laws") applicable thereto. Subtenant shall not be required to construct or pay the cost of complying with any CC&R's, underwriter's requirements or Laws requiring construction of improvements in the Premises which are properly capitalized under general accounting principles, unless such compliance is necessitated solely because of Subtenant's particular use of the Demised Premises. Subtenant's acceptance of the Demised Premises shall not be deemed a waiver of Subtenant's right to have defects in the Demised Premises repaired at Sublandlord's sole expense. Subtenant shall give notice to Sublandlord whenever any such defect becomes reasonably apparent, and Sublandlord shall repair such defect as soon as practicable. Sublandlord also hereby assigns to Subtenant all warranties with respect to the Premises, which would reduce Subtenant's maintenance obligations hereunder and shall cooperate with Subtenant to enforce all such warranties. Except as otherwise expressly provided in this Sublease, Subtenant accepts possession of the Demised Premises in its "as is" condition as of the date of this Sublease. SCIDA makes no representations or warranties to the condition of or title to the Demised Premises.
Condition of Demised Premises. Landlord shall construct and Tenant ----------------------------- shall reasonably accept Landlord's Improvements in accordance with the Plans. As of the Commencement Date, Landlord's Improvements shall be in good working order and condition and, subject to the items on or to be inserted on the punchlist, constructed in substantial accordance with the Plans.
Condition of Demised Premises. Except as otherwise provided in this Lease (or an Exhibit or Addenda hereto), Tenant covenants and agrees that, upon taking possession of the Demised Premises, Tenant shall be deemed to have accepted the Demised Premises “as is” and Tenant shall be deemed to have waived any warranty of condition or habitability, suitability for occupancy, use or habitation, fitness for a particular purpose or merchantability, express or implied, relating to the Demised Premises.
Condition of Demised Premises. Tenant agrees upon the expiration or earlier termination of this Lease to surrender the demised premises to Landlord in good order, condition and repair, ordinary wear and tear excepted.
Condition of Demised Premises. (A) Tenant hereby acknowledges and agrees that Landlord has performed all work and made all installations required of Landlord under the Existing Lease, that Tenant is accepting the Demised Premises in its current “as is” condition, and that, except as otherwise expressly set forth in Section 2.16(B) of this Agreement, and that Landlord shall not be required to perform any work, make any installations or incur any expense in or to the Demised Premises in order to prepare same for continued occupancy by Tenant. (B) (i) Notwithstanding anything to the contrary contained in Section 2.16(A) of this Agreement, Landlord, at its expense (except as otherwise provided in Section 2.16(B)(ii), below, except as pursuant to any extra work orders or change orders authorized by Tenant and except as may be otherwise noted on Exhibit “1” annexed hereto or on the final construction drawings prepared in connection with the Extension Work), shall cause its designated contractor (the “Contractor”) to perform and make certain work and certain installations in and to the Demised Premises in order to prepare same for continued occupancy by Tenant and in and to certain portions of the common areas of the Building; such work and installations to be performed in accordance with final construction drawings to be developed by Landlord or the Contractor on the basis of the specifications shown and described, and subject to the terms and conditions set forth, in and on the Concept Plan that has been annexed hereto as Exhibit “1” (such work and installations sometimes herein referred to as the “Extension Work”). The parties acknowledge and agree that the Exhibit “1” Concept Plan shall be deemed to have been supplemented and clarified by the set of General Notes that has been annexed hereto as an Exhibit “1-A” to this Agreement. In the event that there is a conflict or inconsistency between the provisions of this Agreement (including the Exhibit annexed hereto) and the work set forth on the final construction drawings to be prepared by Landlord or the Contractor for the Extension Work and approved by Landlord and Tenant after the date hereof, such final construction drawings shall be controlling. Tenant shall be responsible for moving and relocating all personnel and all furniture, equipment and other items of personal property in and about the Demised Premises in order to accommodate performance of the Extension Work, including, without limitation, all necessary disconnection, moving and...
Condition of Demised Premises. Sublessee acknowledges and agrees that it has made a full and complete inspection of the Demised Premises and that no representations or warranties have been made by Sublessor or anyone on its behalf to Sublessee as to the condition or character of the Demised Premises except those contained in this Sublease. Sublessee agrees to accept the Demised Premises in its present "AS IS" condition, except for any work which the Sublessor has expressly agreed herein to perform. Any painting, decoration or maintenance of the interior of the Demised Premises by Sublessee during the term of the Sublease shall be at Sublessee’s sole cost and expense. At the expiration or termination of the subtenancy hereby created, Sublessee shall surrender the Demised Premises broom clean, in good condition, reasonable wear and tear excepted, and shall surrender all keys for the Demised Premises to the Sublessor at the place then fixed for the payment of rent. Sublessee shall remove all its equipment and trade fixtures and any alterations installed by Sublessee if required to be removed pursuant to the Lease, and shall repair any damage to the Demised Premises caused by the installation, presence and/or removal of said equipment, trade fixtures and/or alterations, before surrendering the Demised Premises as aforesaid, provided, however, that Sublessee will not be required to restore any other work or alterations to the Demised Premises to the extent such work or alterations were existing before the Commencement Date.
Condition of Demised Premises. A. Supplementing the provisions of Article 15 hereof Owner makes no representations as to the size of the Demised Premises. Tenant shall give proper notice to the other of any notice it receives of the violation of any law or requirement of any public authority with respect to the Demised Premises or the use or occupation thereof. If any governmental authority having jurisdiction over the Demised Premises shall require additional fire fighting equipment, Tenant agrees to install and maintain such equipment at its sole cost and expense. Notwithstanding the foregoing, Owner represents and warrants to Tenant that the Permitted use falls within the uses permitted under current zoning of the Building, and does not violate the terms of any mortgage, ground lease or other superior interest to which this lease is subordinate.
B. Tenant covenants and agrees to conduct its business at the Demised Premises so as to prevent any noxious or offensive odors from said Demised Premises and Tenant further covenants and agrees to install, operate and maintain proper and sufficient flue, ventilating and exhaust systems and any other equipment, electrical and/or mechanical or any kind, all at Tenants sole cost and expense, as deemed necessary or desirable to prevent or ▇▇▇▇▇ such odors, and in full compliance with all laws, codes, resolution, rules, regulations of the Premises and otherwise, requirements and recommendations of all governmental and quasi-governmental agencies or authorities, only to the extent such odors and/or fumes are caused by Tenant.
Condition of Demised Premises. No agreements, promises, covenants, warranties or representations have been made by the Lessor as to the condition of said Demised Premises upon which the Lessee has relied in entering into this Lease, and ▇▇▇▇▇▇ agrees to take the Demised Premises “As-Is” in its present and existing condition.
Condition of Demised Premises. 14.1 Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of the Demised Premises or the Building or Project, or with respect to the suitability for the conduct of Tenant’s business. Except for Landlord Work, the Landlord Payment and the Allowance, Tenant agrees to take possession of the Demised Premises in its current “as-is” condition. Landlord shall deliver the Demised Premises to Tenant on the Delivery Date with all Building systems in proper working order.
14.2 Landlord agrees at Landlord’s sole cost to do the following as “Landlord’s Work”:
(a) Landlord shall install a sign similar to the sign at Tenant’s former address (22 Firstfield Road) at the drive-entrance from West ▇▇▇▇▇▇▇ Mill Road identifying the tenants in the Building.
(b) Landlord shall leave in place for Tenant’s use, and at no extra charge to Tenant, all furniture, fixtures, equipment and other things (collectively, the “Furniture”) which were in the Demised Premises as of August 26, 2004. Anything to the contrary contained herein notwithstanding, Tenant shall not be required to remove any of the Furniture from the Demised Premise at the expiration or other termination of the Term. Landlord makes absolutely no representation or warranty about the Furniture, all of which Tenant may use at Tenant’s sole risk. No part of the rent paid under this Lease is attributable to the use of such furniture fixtures and equipment. If Tenant no longer wants any of the Furniture, Tenant may so notify Landlord in writing, and if Landlord does not remove such Furniture within ten (10) business days, Tenant may dispose of such Furniture at Tenant’s cost.
(c) Landlord shall at no cost to Tenant program the data card reader in the elevator servicing the Demised Premises to restrict access from the elevator to the Demised Premises, and shall provide Tenant with access cards.
(d) Upon possession of space in the Building by other tenants, Landlord shall install the monitoring systems to verify compliance by tenants with the limitations imposed by Section 16.9 on the use of electrical power from the Generator.