Common use of Condition of Demised Premises Clause in Contracts

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.

Condition of Demised Premises. 14.1 13.1 In addition to the acknowledgements set forth in Section 1.1 of Exhibit B, Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation representations or warranty warranties (i) with respect to the condition of the Demised Premises or the Building except as set forth herein or Projectin Exhibit B, or (ii) with respect to the suitability of the Demised Premises for the conduct of Tenant’s business. Except for As specified in Section 1.7.13 of Exhibit B, on or before the Term Commencement Date, Landlord Work, the Landlord Payment and the Allowance, Tenant agrees to take possession shall conduct a walk through inspection of the Demised Premises in its current “asand prepare a punch list of those construction items for Landlord’s Work which require remedial action. Additionally, not later than twenty-is” conditionfive (25) days after the Term Commencement Date, Landlord and Tenant shall conduct an additional walk through inspection and shall prepare a punch list of those construction items for Landlord’s Work which still require corrective action. 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 cause Landlord’s sole cost Contractor to do complete the following corrective action for the punch list items as “Landlord’s Work”: (a) Landlord soon as feasible within 30 days, or such longer time as is reasonably necessary to correct the item. Tenant shall install a sign similar be entitled to pursue any available remedies and claims against 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, fixturesconstruction contractors, equipment suppliers, manufacturers and other things (collectively, the “Furniture”) which were responsible third parties for any defects that may be discovered in the Demised Premises as of August 26Premises; and Landlord will assign, 2004. Anything on a non-exclusive basis, to the contrary contained herein notwithstanding, Tenant shall not be required any such claims if such an assignment is appropriate to remove any of the Furniture from the Demised Premise at the expiration or other termination of the Termenable Tenant to pursue said claims and remedies. Landlord makes absolutely no representation or warranty about the Furniture, all of which Tenant may use at Tenant’s sole riskshall also be entitled to pursue available remedies against said third parties. 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 FurnitureAdditionally, Tenant may so notify pursue any available remedies and claims against Landlord for damages caused by Landlord’s Default, as Specified in writing, and if Landlord does not remove such Furniture within ten (10) business days, Tenant may dispose of such Furniture at Tenant’s costSection 22.10 below. (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.

Condition of Demised Premises. 14.1 Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect MAINTENANCE AND REPAIRS. 15.1 Subject to the terms of paragraph 7 and 15.2, the parties agree that Tenant, will be responsible, at Tenant's sole cost and expense, and at all times throughout the term and any extensions thereof, for all maintenance and repairs in, on or about the Premises and all equipment and property thereon shall be maintained in good condition, and in substantially the same condition as same existed upon the Commencement Date, reasonable wear and tear excepted. Tenant's responsibilities hereunder include, but are not limited to, the replacement, repair and maintenance of all exterior and interior non-structural improvements, fixtures, appliances, equipment, and air conditioning; and all of the Demised Premises foregoing shall be maintained in good operating condition at all times, free of dirt, rubbish and other obstructions, and shall be kept clean. All repairs and maintenance shall be performed by contractors or work▇▇▇ ▇▇▇ignated or approved by Landlord. Landlord's approval shall only be necessary for items which cost in excess of $10,000 for which such approval shall not be unreasonably withheld. Tenant shall not commit nor allow any waste or damage to be committed on any portion of the Building or ProjectPremises. Tenant shall be responsible for janitorial services within the leased premises. Tenant shall perform the aforesaid maintenance, repairs and services and shall otherwise use the Premises in a manner which is sensitive and consistent with the historic nature of the Art Deco District. If Landlord gives Tenant written notice to make any repairs and Tenant does not make repairs promptly and adequately or otherwise fails to comply with respect to the suitability for the conduct of Tenant’s business. Except for Landlord Workthis Section, the Landlord Payment may, but need not, make repairs or correct such failure, 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 pay Landlord 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 costcost thereof on demand. (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.