Common use of Condition of the Expansion Premises Clause in Contracts

Condition of the Expansion Premises. Except for Landlord’s express obligations to construct the Expansion Work (including, without limitation, Punchlist items), to maintain and repair the Building, to perform Code Modifications under Section 15 of the Lease and with respect to Hazardous Substances and Contamination under Section 4 of Exhibit C to the Lease (collectively, the “Continuing Obligations”), which Continuing Obligations shall survive the Expansion Commencement Date and Tenant’s acceptance of possession of the Expansion Premises, TENANT ACCEPTS THE EXPANSION PREMISES “AS IS”, “WHERE IS” AND WITH ANY AND ALL FAULTS. LANDLORD NEITHER MAKES NOR HAS MADE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE QUALITY, SUITABILITY OR FITNESS THEREOF OF THE EXPANSION PREMISES, OR THE CONDITION OR REPAIR THEREOF. Subject to Landlord’s performance of any Continuing Obligations, Tenant’s taking possession of the Expansion Premises shall be conclusive evidence for all purposes of Tenant’s acceptance of the Expansion Premises in good order and satisfactory condition, and in a state and condition satisfactory, acceptable and suitable for the Tenant’s use pursuant to the Lease and this First Amendment. Without limitation to the foregoing, the construction contract Landlord executes for the Expansion Work shall require the general contractor to warrant that the Expansion Work has been completed in accordance with the Expansion Plans (as defined in Paragraph 13 of this Amendment) and in a good and workmanlike manner, free from faulty materials and workmanship for a period of one (1) year following the date of Substantial Completion (the “Expansion Work Warranty”). Landlord agrees and acknowledges that Tenant is a beneficiary of such Expansion Work Warranty obtained from contractor and Landlord shall enforce for the benefit of Tenant the Expansion Work Warranty.

Condition of the Expansion Premises. Except for Landlord’s express obligations Subject to construct the provisions of Paragraph 3 above, on the EP Commencement Date Landlord shall deliver to Tenant possession of the Expansion Work Premises in its then existing condition and state of repair, “AS IS”, and Landlord shall not be obligated to provide or pay for any improvement, remodeling or refurbishment work or services related to the improvement, remodeling or refurbishment of the Expansion Premises except that Landlord shall: (including, without limitation, Punchlist items), to maintain i) remove the demising wall between Suite 200 and Suite 220 and repair all damage to the BuildingPremises incurred in connection therewith (including any damage to flooring, to perform Code Modifications under Section 15 walls, electrical systems and HVAC caused by such removal work); (ii) provide Tenant with use of all cubicles and wiring existing in the Expansion Premises as of the Lease date hereof, provided such use shall be subject to all of the terms and with respect to Hazardous Substances conditions of Article 25 of the Lease; (iii) reconfigure the cubicle layout and Contamination under Section 4 of Exhibit C to the Lease (collectively, the “Continuing Obligations”), which Continuing Obligations shall survive wiring within the Expansion Commencement Date Premises as reasonably requested by Tenant and Tenant’s acceptance of approved by Landlord; (iv) professionally clean the Expansion Premises; (v) touch-up paint in the Expansion Premises as needed to match the Original Premises; and (vi) repair or replace, if necessary, any damaged or stained ceiling tiles and window blinds in the Expansion Premises. By taking possession of the Expansion Premises, TENANT ACCEPTS THE EXPANSION PREMISES “AS IS”, “WHERE IS” AND WITH ANY AND ALL FAULTS. LANDLORD NEITHER MAKES NOR HAS MADE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE QUALITY, SUITABILITY OR FITNESS THEREOF OF THE EXPANSION PREMISES, OR THE CONDITION OR REPAIR THEREOF. Subject to Landlord’s performance of any Continuing Obligations, Tenant’s taking possession of the Expansion Premises Tenant shall be conclusive evidence for all purposes of Tenant’s acceptance of deemed to have accepted the Expansion Premises in good order condition and satisfactory conditionstate of repair with all of tenant improvement work required to be performed by Landlord pursuant to this Paragraph 6 complete. Tenant expressly acknowledges and agrees that neither Landlord nor any of Landlord’s agents, and in a state and representatives or employees has made any representations as to the suitability, fitness or condition satisfactory, acceptable and suitable of the Expansion Premises for the conduct of Tenant’s use pursuant business or for any other purpose, including without limitation, any storage incidental thereto, or for any other purpose. Any exception to the Lease and this First Amendmentforegoing provisions must be made by express written agreement signed by both parties. Without limitation to Tenant acknowledges that no representations or warranties of any kind, express or implied, respecting the foregoing, the construction contract Landlord executes for condition of the Expansion Work shall require the general contractor Premises, Building, or Park or have been made by Landlord or any agent of Landlord to warrant that the Expansion Work has been completed in accordance with the Expansion Plans (Tenant, except as defined in Paragraph 13 of this Amendment) and in a good and workmanlike manner, free from faulty materials and workmanship for a period of one (1) year following the date of Substantial Completion (the “Expansion Work Warranty”). Landlord agrees and acknowledges that Tenant is a beneficiary of such Expansion Work Warranty obtained from contractor and Landlord shall enforce for the benefit of Tenant the Expansion Work Warrantyexpressly set forth herein.

Condition of the Expansion Premises. Except for as to Landlord’s express obligations obligation to construct provide to Tenant an improvement allowance for the Expansion Work Premises in the amount of up to Forty-Three Thousand, Three Hundred Eighty Dollars (including$43,380.0) (i.e., without limitation, Punchlist items), to maintain and repair the Building, to perform Code Modifications under Section 15 of the Lease and with respect to Hazardous Substances and Contamination under Section 4 of Exhibit C to the Lease (collectively, the “Continuing Obligations”), which Continuing Obligations shall survive the Expansion Commencement Date and Tenant’s acceptance of possession based on $15.00 per rentable square feet of the Expansion Premises) within the initial twelve (12) months of the Lease Term to reimburse Tenant for the cost of permanent improvements to the Expansion Premises made by Tenant in accordance with Article 8 (Additions and Alterations) of the Original Lease (which allowance may be referred to as the “Improvement Allowance”); provided however, TENANT ACCEPTS THE EXPANSION PREMISES “AS IS”, “WHERE IS” AND WITH ANY AND ALL FAULTS. LANDLORD NEITHER MAKES NOR HAS MADE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE QUALITY, SUITABILITY OR FITNESS THEREOF OF THE EXPANSION PREMISES, OR THE CONDITION OR REPAIR THEREOF. Subject to Tenant shall obtain Landlord’s performance prior approval of a final space plan (the “Final Space Plan”) for the Expansion Premises, and Tenant will cause its architect and engineers to prepare and deliver to Tenant, for Tenant’s approval, specifications and engineered working drawings for the tenant improvements shown on the Final Space Plan to the extent necessary to obtain a building permit (the “Working Drawings”). The Working Drawings shall incorporate modifications to the Final Space Plan as necessary to comply with the floor load and other structural and system requirements of the Building. To the extent that the finishes and specifications are not completely set forth in the Final Space Plan for any Continuing Obligationsportion of the tenant improvements depicted thereon, the actual specifications and finish work shall be in accordance with Landlord’s specifications for standard tenant improvement items within the Building (“Specifications”), as determined by Landlord. Tenant must use the Improvement Allowance before the first (1st) anniversary of the Expansion Premises Commencement Date. Tenant acknowledges that Landlord shall have no obligation whatsoever to construct leasehold improvements for Tenant or to repair or refurbish the Expansion Premises (except with respect to funding the improvement allowance described in this section above). Tenant’s taking of possession of the Expansion Premises shall be conclusive evidence that Tenant accepts the same “AS IS” and that the Expansion Premises is suitable for all purposes of Tenantthe use intended by Tenant and is in good and satisfactory condition. Tenant acknowledges that neither Landlord nor Landlord’s acceptance agents has made any representation or warranty as to the condition of the Expansion Premises in good order and satisfactory conditionor its suitability for Tenant’s purposes, and in a state and condition satisfactory, acceptable and suitable for Tenant further acknowledges that it will be refurbishing or otherwise improving the Tenant’s use pursuant to the Lease and this First Amendment. Without limitation to the foregoing, the construction contract Landlord executes Expansion Premises after it has commenced paying Rent for the Expansion Work shall require Premises. Tenant represents and warrants to Landlord that (a) its sole intended use of the Expansion Premises is for general contractor office use, (b) it does not intend to warrant use the Expansion Premises for any other purpose, and (c) prior to executing this Amendment it has made such investigations as it deems appropriate with respect to the suitability of the Expansion Premises for its intended use and has determined that the Expansion Work has been completed in accordance with the Expansion Plans (as defined in Paragraph 13 of this Amendment) and in a good and workmanlike manner, free from faulty materials and workmanship Premises will be suitable for a period of one (1) year following the date of Substantial Completion (the “Expansion Work Warranty”). Landlord agrees and acknowledges that Tenant is a beneficiary of such Expansion Work Warranty obtained from contractor and Landlord shall enforce for the benefit of Tenant the Expansion Work Warrantyintended use.

Condition of the Expansion Premises. Except for Landlord’s express obligations Subject to construct the provisions of Section 2 above, on the EP Commencement Date Landlord shall deliver to Tenant possession of the Expansion Work Premises in its then existing condition and state of repair, "AS IS", and Landlord shall not be obligated to provide or pay for any improvement, remodeling or refurbishment work or services related to the improvement, remodeling or refurbishment of the Expansion Premises except as otherwise set forth in EXHIBIT B hereto. The Tenant Improvements (defined in EXHIBIT B) shall be installed in accordance with the terms, conditions, criteria and provisions set forth in EXHIBIT B. Any Tenant Improvements to be constructed hereunder shall be in compliance with the requirements of the Americans with Disabilities Act, a federal law codified at 42 U.S.C. 12101 et seq., including, without limitationbut not limited to Title III thereof, Punchlist items), to maintain all regulations and repair the Building, to perform Code Modifications under Section 15 guidelines related thereto and all requirements of Title 24 of the Lease State of California, and with respect to Hazardous Substances all costs incurred for purposes of compliance therewith shall be a part of and Contamination under Section 4 included in the costs of Exhibit C to the Lease (collectively, the “Continuing Obligations”), which Continuing Obligations shall survive the Expansion Commencement Date and Tenant’s acceptance of Tenant Improvements. By taking possession of the Expansion Premises, TENANT ACCEPTS THE EXPANSION PREMISES “AS IS”, “WHERE IS” AND WITH ANY AND ALL FAULTS. LANDLORD NEITHER MAKES NOR HAS MADE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE QUALITY, SUITABILITY OR FITNESS THEREOF OF THE EXPANSION PREMISES, OR THE CONDITION OR REPAIR THEREOF. Subject to Landlord’s performance of any Continuing Obligations, Tenant’s taking possession of the Expansion Premises Tenant shall be conclusive evidence for all purposes of Tenant’s acceptance of deemed to have accepted the Expansion Premises in good order condition and satisfactory conditionstate of repair. Tenant expressly acknowledges and agrees that neither Landlord nor any of Landlord's agents, and in a state and representatives or employees has made any representations as to the suitability, fitness or condition satisfactory, acceptable and suitable of the Expansion Premises for the conduct of Tenant’s use pursuant 's business or for any other purpose, including without limitation, any storage incidental thereto, or for any other purpose. Any exception to the Lease and this First Amendmentforegoing provisions must be made by express written agreement signed by both parties. Without limitation to Tenant acknowledges that no representations or warranties of any kind, express or implied, respecting the foregoing, the construction contract Landlord executes for condition of the Expansion Work shall require the general contractor Premises, Building, or Park or have been made by Landlord or any agent of Landlord to warrant that the Expansion Work has been completed in accordance with the Expansion Plans (Tenant, except as defined in Paragraph 13 of this Amendment) and in a good and workmanlike manner, free from faulty materials and workmanship for a period of one (1) year following the date of Substantial Completion (the “Expansion Work Warranty”). Landlord agrees and acknowledges that Tenant is a beneficiary of such Expansion Work Warranty obtained from contractor and Landlord shall enforce for the benefit of Tenant the Expansion Work Warrantyexpressly set forth herein.

Condition of the Expansion Premises. Except for (a) the Tenant will accept the Expansion Premises in an “as is” condition, save and except that the Landlord shall, at its sole expense, remove one door on the demising wall and seal the opening (the “Landlord’s express obligations Work”) to construct ensure that the Expansion Work Premises meets all applicable building, fire and handicap access codes; (including, without limitation, Punchlist items)b) the Landlord acknowledges that, to maintain the best of its knowledge as at the date hereof, all lighting, heating, ventilating, air conditioning, electrical, plumbing and repair mechanical systems are fully operational, in addition to the Buildingforegoing being adequately sized and distributed for normal occupancy within the Expansion Premises; (c) Except as provided in subsection (a) above, to perform Code Modifications under Section 15 the Tenant shall be responsible for the preparation of the Lease and all space planning with respect to Hazardous Substances and Contamination under Section 4 of Exhibit C any new improvements to the Lease (collectivelyExpansion Premises. The Tenant shall also submit to the Landlord, working drawings of the “Continuing Obligations”), which Continuing Obligations shall survive the Expansion Commencement Date and Tenant’s acceptance of possession of proposed new improvements to the Expansion Premises, TENANT ACCEPTS THE EXPANSION PREMISES “AS IS”, “WHERE IS” AND WITH ANY AND ALL FAULTS. LANDLORD NEITHER MAKES NOR HAS MADE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE QUALITY, SUITABILITY OR FITNESS THEREOF OF THE EXPANSION PREMISES, OR THE CONDITION OR REPAIR THEREOF. Subject which drawings must be approved by the Landlord (such approval not to Landlord’s performance be unreasonably withheld or delayed) prior to the Tenant securing the necessary building permits and commencement of any Continuing Obligationswork associated with the new improvements to the Expansion Premises; (d) Except as provided in subsection (a) above, Tenant’s taking possession it shall be the responsibility of the Tenant to secure all necessary building permits and approvals required by the City of Burnaby prior to any new improvements proposed to be made to the Expansion Premises. The Tenant shall also be responsible for making application for a certificate of occupancy as required by the City of Burnaby as it applies to the new improvements or any leasehold improvements. The Landlord shall co-operate fully with the Tenant to enable the Tenant to obtain the necessary permits and approvals. The Tenant must provide the Landlord V46521\VAN_LAW\ 3128103\2 DocuSign Envelope ID: 6629E4D1-C8D4-4040-8983-6E6A9E7A079C V46521\VAN_LAW\ 3128103\2 DocuSign Envelope ID: 6629E4D1-C8D4-4040-8983-6E6A9E7A079C with copies of all permits received from the City of Burnaby with respect to the Expansion Premises shall be conclusive evidence for all purposes of Tenant’s acceptance of the Expansion Premises in good order and satisfactory condition, and in a state and condition satisfactory, acceptable and suitable for the Tenant’s use pursuant to the Lease and this First Amendment. Without limitation to the foregoing, the construction contract Landlord executes for the Expansion Work shall require the general contractor to warrant that the Expansion Work has been completed in accordance with the Expansion Plans (as defined in Paragraph 13 of this Amendment) and in a good and workmanlike manner, free from faulty materials and workmanship for a period of one (1) year following the date of Substantial Completion (the “Expansion Work Warranty”). Landlord agrees and acknowledges that Tenant is a beneficiary of such Expansion Work Warranty obtained from contractor and Landlord shall enforce for the benefit of Tenant the Expansion Work Warrantywithout demand or notice.

Condition of the Expansion Premises. Except for Landlord’s express obligations to construct Having made such inspection of the Expansion Work Premises, the Building, Lot 1 or the Project as it deemed prudent and appropriate (including, without limitation, Punchlist itemstesting for the presence of mold), to maintain and repair Tenant hereby accepts the Building, to perform Code Modifications under Section 15 Expansion Premises in their condition existing as of the Lease Expansion Premises Delivery Date, “AS-IS” and with respect “WITH ALL FAULTS” subject to Hazardous Substances all applicable zoning, municipal, county and Contamination under Section 4 of Exhibit C to state laws, ordinances and regulations governing and regulating the Lease (collectively, the “Continuing Obligations”), which Continuing Obligations shall survive the Expansion Commencement Date use and Tenant’s acceptance of possession condition of the Expansion Premises, TENANT ACCEPTS THE EXPANSION PREMISES “AS IS”and any covenants or restrictions, “WHERE IS” AND WITH ANY AND ALL FAULTS. LANDLORD NEITHER MAKES NOR HAS MADE ANY REPRESENTATIONS OR WARRANTIESliens, EXPRESS OR IMPLIEDencumbrances and title exceptions of record, WITH RESPECT TO THE QUALITY, SUITABILITY OR FITNESS THEREOF OF THE EXPANSION PREMISES, OR THE CONDITION OR REPAIR THEREOF. Subject to Landlord’s performance of any Continuing Obligations, Tenant’s taking possession and accepts the lease of the Expansion Premises subject thereto and to all matters disclosed thereby and by any exhibits attached to this Amendment or the Original Lease. Except as specifically set forth in this Amendment and in the Work Letter Agreement for Expansion Premises Tenant Improvements and Interior Specification Standards attached hereto as Exhibit B and made a part hereof (the “Work Letter”), Landlord shall not be conclusive evidence obligated to provide or pay for all purposes any improvement work or services related to the improvement of Tenant’s acceptance the Expansion Premises. Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty as to the present or future suitability of the Expansion Premises in good order and satisfactory condition, and in a state and condition satisfactory, acceptable and suitable for the conduct of Tenant’s use pursuant business. Neither party has been induced to enter into this Amendment by, nor is either party is relying on, any representation or warranty outside those expressly set forth in this Amendment. Neither Landlord nor anyone acting on its behalf shall be liable for, nor shall this Amendment or the Lease and this First Amendment. Without limitation be subject to the foregoingrescission on account of, the construction contract Landlord executes for the Expansion Work shall require the general contractor nondisclosure of any facts. Tenant expressly waives any right to warrant that the Expansion Work has been completed in accordance with the Expansion Plans (as defined in Paragraph 13 rescission and /or damages based on nondisclosure of this Amendment) and in a good and workmanlike manner, free from faulty materials and workmanship for a period of one (1) year following the date of Substantial Completion (the “Expansion Work Warranty”). Landlord agrees and acknowledges that Tenant is a beneficiary of such Expansion Work Warranty obtained from contractor and Landlord shall enforce for the benefit of Tenant the Expansion Work Warrantyany facts.