Common use of Condition of Leased Premises Clause in Contracts

Condition of Leased Premises. Tenant acknowledges that it accepts the Leased Premises as suitable for Tenant’s purposes and to all Applicable Laws. Notwithstanding any other provision of this Lease to the contrary, if this Lease is executed before the Leased Premises become available for occupancy, or if Landlord cannot acquire possession of the Leased Premises prior to the Commencement Date stated above, Tenant agrees to accept possession of the Leased Premises at such time as Landlord is able to tender the same, which date shall then be the Commencement Date of the Term. TENANT WAIVES ANY IMPLIED WARRANTY THAT THE LEASED PREMISES ARE SUITABLE FOR TENANT’S INTENDED PURPOSES. TENANT ACKNOWLEDGES THAT (1) TENANT HAS INSPECTED AND ACCEPTS THE LEASED PREMISES IN AN “AS IS, WHERE IS” CONDITION, (2) THE BUILDING AND THE LEASED PREMISES ARE SUITABLE FOR THE PURPOSE FOR WHICH THE LEASED PREMISES ARE LEASED, AND LANDLORD HAS MADE NO WARRANTY, REPRESENTATION, COVENANT, OR AGREEMENT WITH RESPECT TO THE MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE LEASED PREMISES, (3) THE LEASED PREMISES ARE IN GOOD AND SATISFACTORY CONDITION, (4) NO REPRESENTATIONS AS TO THE REPAIR OF THE LEASED PREMISES, NOR PROMISES TO ALTER, REMODEL OR IMPROVE THE LEASED PREMISES HAVE BEEN MADE BY LANDLORD, AND (5) THERE ARE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED, IMPLIED OR STATUTORY, THAT EXTEND BEYOND THE DESCRIPTION OF THE LEASED PREMISES.

Condition of Leased Premises. Tenant acknowledges that it accepts the Leased Premises as suitable for Tenant’s purposes and to all Applicable Laws. Notwithstanding any other provision of this Lease to the contraryNOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, if this Lease is executed before the Leased Premises become available for occupancy, or if Landlord cannot acquire possession of the Leased Premises prior to the Commencement Date stated above, Tenant agrees to accept possession of the Leased Premises at such time as Landlord is able to tender the same, which date shall then be the Commencement Date of the Term. TENANT WAIVES ANY IMPLIED WARRANTY LESSEE HEREBY ACKNOWLEDGES AND AGREES THAT THE GOVERNMENT LEASES THE LEASED PREMISES ARE SUITABLE FOR TENANT’S INTENDED PURPOSES. TENANT ACKNOWLEDGES THAT (1) TENANT HAS INSPECTED AND LESSEE ACCEPTS THE LEASED PREMISES IN AN “AS AS/IS, WHERE IS” CONDITIONWITHOUT ANY REPRESENTATION OR WARRANTY OF THE GOVERMENT, (2) EXPRESS OR IMPLIED, OF ANY KIND WHATSOEVER. LESSEE ACKNOWLEDGES THAT THE BUILDING AND GOVERNMENT HAS MADE NO REPRESENTATIONS OR WARRANTIES RELATING TO THE SUITABILITY OF THE LEASED PREMISES ARE SUITABLE FOR ANY PARTICULAR USE EXCEPT AND UNLESS OTHERWISE EXPRESSLY PROVIDED IN THIS LEASE, THE PURPOSE FOR WHICH THE LEASED PREMISES ARE LEASEDGOVERNMENT SHALL HAVE NO OBLIGATION WHATSOEVER TO REPAIR, AND LANDLORD HAS MADE NO WARRANTYMAINTAIN, REPRESENTATION, COVENANT, RENOVATE OR AGREEMENT OTHERWISE INCUR ANY COST OR EXPENSE WITH RESPECT TO THE MERCHANTABILITY OR FITNESS LEASED PREMISES. THE GOVERNMENT SHALL NOT BE LIABLE FOR ANY PARTICULAR PURPOSE OF LATENT OR PATENT DEFECTS IN THE LEASED PREMISES. GOVERNMENT SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO LESSEE FOR ANY LOSS, (3) DAMAGE OR EXPENSE INCURRED BY LESSEE OCCASIONED BY THE LEASED PREMISES ARE IN GOOD AND SATISFACTORY CONDITION, (4) NO REPRESENTATIONS AS TO THE REPAIR OF THE LEASED PREMISES, NOR PROMISES TO ALTER, REMODEL CONDITION OR IMPROVE THE LEASED PREMISES HAVE BEEN MADE BY LANDLORD, AND (5) THERE ARE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED, IMPLIED OR STATUTORY, THAT EXTEND BEYOND THE DESCRIPTION CHARACTERISTICS OF THE LEASED PREMISES.

Condition of Leased Premises. Tenant acknowledges Subject to the limitations set forth in this Section 2, Sapient agrees that it accepts shall accept the Fifth Floor Premises in a broom clean condition, and in its "AS IS, WHERE IS CONDITION, AND WITH ALL FAULTS" as of the First Delivery Date, and agrees that it shall accept the Fourth Floor Premises in its "AS IS, WHERE IS CONDITION, AND WITH ALL FAULTS" as of the Second Delivery Date. Sapient understands and agrees that TVG may make certain minor alterations to the Fourth Floor Space to accommodate TVG's relocation of some of its employees from the Fifth Floor Space to the Fourth Floor Space. Such minor modifications shall be done only with the prior consent 4 5 and approval of Landlord. SAPIENT AGREES AND UNDERSTANDS THAT TVG HAS NOT MADE AND IS NOT MAKING ANY REPRESENTATION, EXPRESS OR IMPLIED, CONCERNING ANY PHYSICAL ASPECT OR CONDITION OF THE BUILDING OR THE LEASED PREMISES, INCLUDING, WITHOUT LIMITATION, THE OPERATION OR CONDITION OF THE MECHANICAL SYSTEMS LOCATED THEREIN, OR THE COMPLIANCE OF THE BUILDING OR THE LEASED PREMISES WITH APPLICABLE CODES, REGULATIONS, AND STATUTES, AND SAPIENT ACKNOWLEDGES TO TVG THAT IT IS NOT RELYING ON ANY REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, FROM TVG OR ANY OTHER PARTY. TVG'S SOLE REPRESENTATION TO SAPIENT IS THAT THE CONDITION OF THE LEASED PREMISES SHALL NOT DEVIATE SUBSTANTIALLY FROM ITS PRESENT CONDITION, EXCEPT FOR INCIDENTAL ITEMS THAT MAY REASONABLY RESULT FROM TVG'S REMOVAL OF ITS PROPERTY FROM THE LEASED PREMISES, MINOR CHANGES TO THE FOURTH FLOOR SPACE RESULTING FROM TVG'S RELOCATION OF SOME OF ITS EMPLOYEES FROM THE FIFTH FLOOR SPACE TO THE FOURTH FLOOR SPACE, AND FOR ITEMS OF ORDINARY WEAR AND TEAR. Prior to the respective Delivery Dates, Sapient shall advise TVG what personal property, if any, it would like to purchase from TVG. Any such personal property shall be conveyed to Sapient by means of a Bill ▇▇ Sale acceptable to both TVG and Sapient, to be executed and delivered by TVG at the time that it delivers the applicable portion of the Leased Premises as suitable for Tenant’s purposes and to Sapient. TVG shall remove all Applicable Laws. Notwithstanding any other provision of this Lease to the contrary, if this Lease is executed before the Leased Premises become available for occupancy, or if Landlord cannot acquire possession of movable personal property from the Leased Premises prior to the Commencement Date stated above, Tenant agrees date that such space is to accept possession of be delivered to Sapient. TVG shall make the restorations to the Leased Premises at such time as Landlord is able to tender the samethat are described on Exhibit B attached hereto, which date shall then be Landlord has represented to TVG are the Commencement Date only restorations required by Sections 5.5 and 5.18 of the Term. TENANT WAIVES ANY IMPLIED WARRANTY THAT THE LEASED PREMISES ARE SUITABLE FOR TENANT’S INTENDED PURPOSES. TENANT ACKNOWLEDGES THAT (1) TENANT HAS INSPECTED AND ACCEPTS THE LEASED PREMISES IN AN “AS IS, WHERE IS” CONDITION, (2) THE BUILDING AND THE LEASED PREMISES ARE SUITABLE FOR THE PURPOSE FOR WHICH THE LEASED PREMISES ARE LEASED, AND LANDLORD HAS MADE NO WARRANTY, REPRESENTATION, COVENANT, OR AGREEMENT WITH RESPECT TO THE MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE LEASED PREMISES, (3) THE LEASED PREMISES ARE IN GOOD AND SATISFACTORY CONDITION, (4) NO REPRESENTATIONS AS TO THE REPAIR OF THE LEASED PREMISES, NOR PROMISES TO ALTER, REMODEL OR IMPROVE THE LEASED PREMISES HAVE BEEN MADE BY LANDLORD, AND (5) THERE ARE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED, IMPLIED OR STATUTORY, THAT EXTEND BEYOND THE DESCRIPTION OF THE LEASED PREMISESLease with respect to the removal of TVG's improvements in the Leased Premises.

Condition of Leased Premises. It is expressly understood and agreed that the Tenant acknowledges that it accepts shall take the Leased Premises and improvements as suitable for Tenant’s purposes and to all Applicable Laws. Notwithstanding any other provision of this Lease to the contraryCommencement Date in an "as is" condition, if this Lease is executed before except that the Landlord hereby agrees that it shall (a) deliver the Leased Premises become available with all work set forth on the plans and specifications which are listed on Schedule "B" annexed hereto ("Base Building Plans"), having been completed, and (b) Landlord shall install leasehold improvements within the Leased Premises in accordance with the plans and specifications which are annexed hereto and made a part hereof as Schedule "B-1" ("Tenant's Plan"), and in accordance with the budget which is annexed hereto and made a part hereof as Schedule "B-2" (the "Budget"). All work required by Tenant's Plan ("Tenant's Work") shall be performed by Landlord's designated contractor, The ▇▇▇▇▇ Company, LLC ("Landlord's Contractor"), at Tenant's sole cost, which cost shall not exceed ONE MILLION EIGHT HUNDRED NINETY EIGHT THOUSAND ONE HUNDRED FIFTY ONE AND 32/100 ($1,898,151.32) DOLLARS (the "Agreed Cost"), except as hereinafter set forth. In the event Tenant requires any change to the Tenant's Work, Landlord's Contractor shall perform such work at cost, together with a charge of five (5%) percent for occupancyoverhead and five (5%) percent for profit on the aggregate of all of such costs, or if pursuant to a written change order which shall be approved in writing by Landlord cannot acquire possession and Tenant. Upon execution of this lease, Tenant shall deliver to Landlord's Contractor the sum of SIX HUNDRED THIRTY TWO THOUSAND SEVEN HUNDRED SEVENTEEN AND 11/100 ($632,717.11) DOLLARS, representing one third (1/3) of Agreed Cost. An additional amount equal to one third (1/3) of the Agreed Cost will be delivered by Tenant to Landlord's Contractor upon completion of fifty (50%) percent of Tenant's Work and delivery by Landlord's Contractor of a certificate confirming such completion (which shall include a good faith estimate of the amount of time required to complete the balance of Tenant's Work). The balance of the cost of Tenant's Work shall be paid by Tenant to Landlord's Contractor upon delivery of the Leased Premises prior to Tenant, together with a certificate of occupancy permitting Tenant's use and occupancy thereof. Landlord's Contractor shall perform Tenant's Work in a good and workmanlike manner, in accordance with all applicable building codes, rules and regulations. Landlord's Contractor shall warranty the Tenant's Work for a period of one (1) year following the Commencement Date stated abovehereunder, Tenant agrees to accept possession against defects and materials and workmanship. Within thirty (30) days of the Leased Premises at Commencement Date, a punch list shall be prepared by the Landlord and the Tenant, the same to identify all items of the Tenant's Work yet to be completed or which have not be completed to the reasonable satisfaction of the Tenant (the "Punch List"). The Landlord will use commercially reasonable efforts to complete or cause to be completed the items on the Punch List within thirty (30) days after the Punch List is completed and agreed to by the Landlord and the Tenant (or such longer time as is necessary under the circumstances with respect to long-lead items). In addition, Landlord is able to tender agrees that it shall cooperate with Tenant in enforcing the same, which date shall then be the Commencement Date of the Term. TENANT WAIVES ANY IMPLIED WARRANTY THAT THE LEASED PREMISES ARE SUITABLE FOR TENANT’S INTENDED PURPOSES. TENANT ACKNOWLEDGES THAT one (1) TENANT HAS INSPECTED AND ACCEPTS THE LEASED PREMISES IN AN “AS ISyear warranty which Landlord shall obtain from the prior owner of the Property, WHERE IS” CONDITION, (2) THE BUILDING AND THE LEASED PREMISES ARE SUITABLE FOR THE PURPOSE FOR WHICH THE LEASED PREMISES ARE LEASED, AND LANDLORD HAS MADE NO WARRANTY, REPRESENTATION, COVENANT, OR AGREEMENT WITH RESPECT TO THE MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE LEASED PREMISES, (3) THE LEASED PREMISES ARE IN GOOD AND SATISFACTORY CONDITION, (4) NO REPRESENTATIONS AS TO THE REPAIR OF THE LEASED PREMISES, NOR PROMISES TO ALTER, REMODEL OR IMPROVE THE LEASED PREMISES HAVE BEEN MADE BY LANDLORD, AND (5) THERE ARE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED, IMPLIED OR STATUTORY, THAT EXTEND BEYOND THE DESCRIPTION OF THE LEASED PREMISESwith regard to the construction of the Base Building.

Condition of Leased Premises. If Tenant acknowledges that it accepts is to take the Leased Premises "as suitable for Tenant’s purposes and is" pursuant to all Applicable Laws. Notwithstanding any other provision of this Lease Section 1.01(q), Landlord shall have no obligation to the contrary, if this Lease is executed before prepare the Leased Premises become available for occupancyTenant's use and there shall be no Landlord's Work. If Tenant is not taking the Leased Premises "as is" pursuant to Section 1.01(q), or if Landlord cannot acquire agrees at its cost and expense to complete Landlord's Work and to deliver possession of the Leased Premises prior to Tenant in a substantially completed condition (as defined in Section 1.02) on or before one year from the date of the commencement of Landlord's Work; provided, however, that in the event Landlord's Work is delayed or hindered by strike, casualty, fire, injunction, inability to secure materials, or restraint of law, unusual action of the elements, or any other cause beyond the control of Landlord, then the said period shall be extended to the Commencement Date stated above, Tenant agrees extent of such delays. If Landlord fails to accept possession of commence Landlord's Work for the Leased Premises at such time as Landlord is able to tender the same, which date shall then be the Commencement Date of the Term. TENANT WAIVES ANY IMPLIED WARRANTY THAT THE LEASED PREMISES ARE SUITABLE FOR TENANT’S INTENDED PURPOSES. TENANT ACKNOWLEDGES THAT Shopping Center within one (1) TENANT HAS INSPECTED AND ACCEPTS THE LEASED PREMISES IN AN “AS ISyear from the estimated Construction Commencement Date, WHERE IS” CONDITIONas set forth in Section 1.01 (g), plus any extensions agreed upon by both parties, then Tenant or Landlord shall have the option of canceling and terminating this Lease by giving notice in writing to the other party. In the event Tenant elects to terminate, it shall give Landlord written notice of its election and if Landlord commences construction on the Shopping Center (2including any site work activities) THE BUILDING AND THE LEASED PREMISES ARE SUITABLE FOR THE PURPOSE FOR WHICH THE LEASED PREMISES ARE LEASEDwithin sixty (60) days, AND LANDLORD HAS MADE NO WARRANTYsuch termination shall be nullified. In the event this Lease is so terminated, REPRESENTATIONTenant shall not be liable to Landlord on account of any covenant or obligation herein contained, COVENANTand any security deposit shall be refunded to Tenant. Tenant's sole remedy for the breach of Landlord's obligations under this Section 1.06 shall be the foregoing option to terminate this Lease as herein provided, OR AGREEMENT WITH RESPECT TO THE MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE LEASED PREMISESand Tenant shall not have an action for damages, (3) THE LEASED PREMISES ARE IN GOOD AND SATISFACTORY CONDITIONspecific performance, (4) NO REPRESENTATIONS AS TO THE REPAIR OF THE LEASED PREMISES, NOR PROMISES TO ALTER, REMODEL OR IMPROVE THE LEASED PREMISES HAVE BEEN MADE BY LANDLORD, AND (5) THERE ARE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED, IMPLIED OR STATUTORY, THAT EXTEND BEYOND THE DESCRIPTION OF THE LEASED PREMISESor any other remedy arising out of this provision.

Condition of Leased Premises. (a) Tenant acknowledges that it has personally inspected the Leased Premises and accepts the same “AS IS” without representation or warranty by Landlord of any kind, except as otherwise expressly set forth herein; provided, however, nothing herein shall be deemed to negate Landlord’s maintenance and repair obligations as expressly set forth herein. Tenant shall be responsible for constructing the interior improvements within the Leased Premises as suitable for described in Exhibit B-1 attached hereto (the “Tenant Improvements”). Landlord hereby approves (i) ▇▇▇▇▇▇▇ ▇▇▇▇ Partners, Inc., HESM&, Inc., ▇▇▇▇▇▇, ▇▇▇▇▇ & Associates, Inc., and Facilities Consulting Services, Inc., as Tenant’s purposes architect/engineer, (ii) ▇▇▇▇▇▇ Construction Co. as Tenant’s construction contractor, (iii) ▇▇▇▇▇▇▇ & ▇▇▇▇▇▇ as Tenant’s electrical subcontractor, and to all Applicable Laws(iv) ▇▇▇▇▇▇▇ and ▇▇▇▇▇ as Tenant’s mechanical and plumbing subcontractor. Notwithstanding any other provision Promptly following the execution of this Lease Lease, Tenant shall forward to its architect/engineer (and copy Landlord on the transmittal) Landlord’s building standards heretofore delivered to Tenant, and Tenant shall cause its architect/engineer to comply with said building standards. Promptly following the execution of this Lease, Tenant shall forward to its contractor (and copy Landlord on the transmittal) Landlord’s mechanical, electrical and plumbing specifications and Landlord’s rules of conduct, all of which have been delivered to Tenant prior to the contrarydate of this Lease, if this Lease is executed before and Tenant shall cause said contractor to comply with said specifications and rules of conduct. At Landlord’s request, Tenant shall coordinate a meeting among Landlord, Tenant and Tenant’s contractor to discuss the Building systems and other matters related to the construction of the Tenant Improvements. (b) Landlord shall deliver the Leased Premises become available to Tenant in broom-clean condition upon the later to occur of (i) full execution of this Lease, and (ii) Tenant’s delivery to Landlord of Tenant’s certificates of insurance as required under Section 8.04 of the Lease. In the event that Landlord fails to deliver the Leased Premises within two (2) business days following the later to occur of subsection (i) or (ii) above, the Commencement Date (and the expiration of the Lease Term) shall be postponed one day for occupancy, or if each day that Landlord cannot acquire possession fails to deliver the Leased Premises. Tenant’s acceptance of the Leased Premises prior to the Commencement Date stated aboveshall not be deemed to create an obligation to pay Minimum Annual Rent or Additional Rent prior to the dates set forth herein; provided, however, that Tenant agrees to accept possession shall otherwise comply with all of the terms and conditions of this Lease upon acceptance of the Leased Premises at such time as Landlord is able Premises. (c) Prior to tender the same, which date shall then be the Commencement Date Date, Tenant shall perform the work described on Exhibit B-2 attached hereto (the “Compliance Work”). Following Tenant’s completion of the TermCompliance Work, Landlord shall reimburse Tenant for the cost of the Compliance Work, up to $62,083.00 (the “Compliance Allowance”), within thirty (30) days following Tenant’s request therefor (which request shall be accompanied by evidence of such cost reasonably acceptable to Landlord). TENANT WAIVES ANY IMPLIED WARRANTY THAT THE LEASED PREMISES ARE SUITABLE FOR TENANT’S INTENDED PURPOSES. TENANT ACKNOWLEDGES THAT Tenant acknowledges and agrees that, to Tenant’s knowledge, following the Compliance Work (1i) TENANT HAS INSPECTED AND ACCEPTS THE LEASED PREMISES IN AN “AS IS, WHERE IS” CONDITIONthe restrooms will comply with all ADA (as hereinafter defined) requirements, (2ii) THE BUILDING AND THE LEASED PREMISES ARE SUITABLE FOR THE PURPOSE FOR WHICH THE LEASED PREMISES ARE LEASEDthere will be no code compliance issues with regard to the separation of walls with adjacent tenants, AND LANDLORD HAS MADE NO WARRANTYand (iii) the heating, REPRESENTATION, COVENANT, OR AGREEMENT WITH RESPECT TO THE MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE LEASED PREMISES, (3) THE LEASED PREMISES ARE IN GOOD AND SATISFACTORY CONDITION, (4) NO REPRESENTATIONS AS TO THE REPAIR OF THE LEASED PREMISES, NOR PROMISES TO ALTER, REMODEL OR IMPROVE THE LEASED PREMISES HAVE BEEN MADE BY LANDLORD, AND (5) THERE ARE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED, IMPLIED OR STATUTORY, THAT EXTEND BEYOND THE DESCRIPTION OF THE LEASED PREMISESventilation and air-conditioning system will be in compliance with code with regard to the outside air and installation. Landlord shall not charge a construction management fee in connection with the Compliance Work.

Condition of Leased Premises. Landlord and Tenant acknowledges acknowledge that it the Leased Premises will be constructed in accordance with the plans set forth on Exhibit B and that the Leased Premises shall be in accordance with the Specifications. Tenant accepts the Leased Premises in its "as suitable for Tenant’s purposes and to all Applicable Laws. Notwithstanding any other provision is" condition as of this Lease the Commencement Date, subject to the contraryrights of Landlord, if this Lease is executed before the existing state of title, including all covenants, conditions, restrictions, reservations, mineral leases, easements and other matters of record or that are visible or apparent on the Leased Premises become available for occupancyPremises, or if Landlord cannot acquire possession all applicable Legal Requirements, the lien of financing instruments, mortgages and deeds of trust, and such other matters which would be disclosed by an inspection of the Leased Premises prior to and the Commencement Date stated aboverecord title thereto or by an accurate survey thereof, Tenant agrees to accept possession of the Leased Premises at such time as Landlord is able to tender the same, which date shall then be the Commencement Date of the Termand all other Permitted Liens. TENANT WAIVES REPRESENTS THAT, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS LEASE, IT IS NOT RELYING ON ANY IMPLIED REPRESENTATION OR WARRANTY THAT THE LEASED PREMISES ARE SUITABLE FOR TENANT’S INTENDED PURPOSES. TENANT ACKNOWLEDGES THAT (1) TENANT HAS INSPECTED AND ACCEPTS THE LEASED PREMISES IN AN “AS IS, WHERE IS” CONDITION, (2) THE BUILDING AND THE LEASED PREMISES ARE SUITABLE FOR THE PURPOSE FOR WHICH THE LEASED PREMISES ARE LEASED, AND OF LANDLORD HAS MADE NO WARRANTY, REPRESENTATION, COVENANT, OR AGREEMENT LANDLORD'S AGENTS OR EMPLOYEES WITH RESPECT TO THE MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE CONDITION OF THE LEASED PREMISES, (3) AND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS LEASE, TENANT WAIVES ANY CLAIM OR ACTION AGAINST LANDLORD IN RESPECT THEREOF. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS LEASE, LANDLORD MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, IN RESPECT OF THE LEASED PREMISES ARE IN GOOD AND SATISFACTORY CONDITIONOR ANY PART THEREOF, (4) NO REPRESENTATIONS EITHER AS TO ITS FITNESS FOR USE, DESIGN OR CONDITION FOR ANY PARTICULAR USE OR PURPOSE OR OTHERWISE, OR AS TO THE REPAIR QUALITY OF THE LEASED PREMISESMATERIAL OR WORKMANSHIP THEREIN, NOR PROMISES LATENT OR PATENT, IT BEING AGREED THAT ALL SUCH RISKS ARE TO ALTER, REMODEL OR IMPROVE THE LEASED PREMISES HAVE BEEN MADE BE BORNE BY LANDLORD, AND (5) THERE ARE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED, IMPLIED OR STATUTORY, THAT EXTEND BEYOND THE DESCRIPTION OF THE LEASED PREMISESTENANT.

Condition of Leased Premises. Tenant acknowledges that it accepts the Leased Premises as suitable for Tenant’s purposes and to all Applicable Laws. Notwithstanding any other provision of this Lease to the contrary, if this Lease is executed before the Leased Premises become available for occupancy, or if Landlord cannot acquire possession of the Leased Premises prior to the Commencement Date stated above, Tenant agrees to accept possession of the Leased Premises at such time as Landlord is able to tender the same, which date shall then be the Commencement Date of the Term. TENANT WAIVES ANY IMPLIED WARRANTY LESSEE HEREBY ACKNOWLEDGES AND AGREES THAT LESSOR HAS LEASED THE LEASED PREMISES ARE SUITABLE FOR TENANT’S INTENDED PURPOSES. TENANT ACKNOWLEDGES THAT (1) TENANT TO LESSEE, AND LESSEE HAS INSPECTED AND ACCEPTS ACCEPTED THE LEASED PREMISES FROM LESSOR, IN AN ITS CURRENT CONDITION “AS AS/IS, WHERE ISIS AND WITH ALL FAULTS” CONDITIONWITHOUT ANY REPRESENTATION OR WARRANTY OF THE LESSOR OF ANY KIND WHATSOEVER, (2) EXPRESS OR IMPLIED. LESSEE ACKNOWLEDGES THAT THE BUILDING AND LESSOR HAS MADE NO REPRESENTATIONS OR WARRANTIES RELATING TO THE SUITABILITY OF THE LEASED PREMISES ARE SUITABLE FOR ANY PARTICULAR USE OR PURPOSE (INCLUDING WITHOUT LIMITATION THE PURPOSE FOR WHICH USE SET FORTH IN SECTION 2 ABOVE) OR WITH RESPECT TO ANY KNOWN OR UNKNOWN CONDITION EXISTING IN, ON, UNDER OR ABOVE THE LEASED PREMISES ARE LEASEDOR ANY PORTION THEREOF AND THAT THE LESSOR SHALL HAVE NO OBLIGATION WHATSOEVER TO REPAIR, AND LANDLORD HAS MADE NO WARRANTYMAINTAIN, REPRESENTATIONRENOVATE, COVENANTREMEDIATE, CORRECT OR AGREEMENT OTHERWISE INCUR ANY COST OR EXPENSE WITH RESPECT TO ANY CONDITION NOW OR HEREAFTER EXISTING IN, ON, UNDER OR ABOVE THE MERCHANTABILITY LEASED PREMISES OR FITNESS ANY PORTION THEREOF, WHETHER OR NOT KNOWN TO LESSOR OR ANY OFFICER, AGENT, EMPLOYEE OR CONTRACTOR OF LESSOR, AND WHETHER OR NOT FORESEEABLE OR DISCOVERABLE BY LESSEE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE LESSOR SHALL NOT BE LIABLE FOR ANY PARTICULAR PURPOSE LATENT OR PATENT DEFECTS IN THE LEASED PREMISES OR ANY PORTION THEREOF, AND THE LESSOR SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO LESSEE FOR ANY LOSS, DAMAGE OR EXPENSE INCURRED BY LESSEE OCCASIONED BY THE CONDITION OR CHARACTERISTICS OF THE LEASED PREMISES OR ANY PORTION THEREOF. FURTHER, LESSOR HEREBY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES AS TO THE CONDITION OF THE LEASED PREMISES, (3) THE LEASED PREMISES ARE IN GOOD INCLUDING WITHOUT LIMITATION ANY AND SATISFACTORY CONDITIONALL IMPLIED WARRANTIES OF MERCHANTABILITY, (4) NO REPRESENTATIONS AS TO THE REPAIR OF THE LEASED PREMISESFITNESS FOR ANY PARTICULAR PURPOSE, NOR PROMISES TO ALTERSUITABILITY, REMODEL HABITABILITY OR IMPROVE THE LEASED PREMISES HAVE BEEN MADE BY LANDLORD, AND (5) THERE ARE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED, IMPLIED OR STATUTORY, THAT EXTEND BEYOND THE DESCRIPTION OF THE LEASED PREMISESTENANTABILITY.

Condition of Leased Premises. Tenant acknowledges that it accepts the Leased Premises as suitable for Tenant’s 's purposes subject only to Section 8(b) below, if applicable, and to all Applicable Laws. Notwithstanding any other provision of this Lease to the contrary, if this Lease is executed before the Leased Premises become available for occupancy, or if Landlord cannot acquire possession of the Leased Premises prior to the Commencement Date stated above, Tenant agrees to accept possession of the Leased Premises at such time as Landlord is able to tender the same, which date shall then be the Commencement Date of the Term. TENANT WAIVES ANY IMPLIED WARRANTY THAT THE LEASED PREMISES ARE SUITABLE FOR TENANT’S 'S INTENDED PURPOSES. TENANT ACKNOWLEDGES THAT (1) TENANT HAS INSPECTED AND ACCEPTS THE LEASED PREMISES IN AN “"AS IS, WHERE IS” CONDITION" CONDITION (EXCEPT AS MAY BE PROVIDED IN SECTION 8(b), BELOW), (2) THE BUILDING AND THE LEASED PREMISES ARE SUITABLE FOR THE PURPOSE FOR WHICH THE LEASED PREMISES ARE LEASED, AND LANDLORD HAS MADE NO WARRANTY, REPRESENTATION, COVENANT, OR AGREEMENT WITH RESPECT TO THE MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE LEASED PREMISES, (3) THE LEASED PREMISES ARE IN GOOD AND SATISFACTORY CONDITION, (4) NO REPRESENTATIONS AS TO THE REPAIR OF THE LEASED PREMISES, NOR PROMISES TO ALTER, REMODEL OR IMPROVE THE LEASED PREMISES HAVE BEEN MADE BY LANDLORDLANDLORD (EXCEPT AS MAY BE PROVIDED IN SECTION 8(b), AND BELOW), (5) THERE ARE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED, IMPLIED OR STATUTORY, THAT EXTEND BEYOND THE DESCRIPTION OF THE LEASED PREMISESPREMISES (AND TENANT HAS RELIED UPON NO REPRESENTATION, PROMISE OR WARRANTY MADE BY LANDLORD OR ITS AGENTS, EMPLOYEES OR CONTRACTORS) AND (6) TENANT'S OBLIGATION TO PAY RENT HEREUNDER IS NOT DEPENDENT UPON THE CONDITION OF THE LEASED PREMISES OR THE PERFORMANCE BY LANDLORD OF ITS OBLIGATIONS HEREUNDER.