Common use of Condition of the Expansion Premises Clause in Contracts

Condition of the Expansion Premises. Tenant shall accept the Expansion Premises in their then as-is condition (i.e., as of the Expansion Premises Commencement Date) without any obligation on the Landlord’s part to perform any additions, alterations, improvements, demolition or other work therein or pertaining thereto; provided, however, that Landlord shall deliver the Expansion Premises to Tenant broom clean and free of all tenants, occupants and personal property and with all Building systems serving the Expansion Premises in good working order. For the avoidance of doubt, at the expiration or earlier termination of this Lease, Tenant shall not be required to remove any telecommunications cabling or wiring existing in the Expansion Premises as of the Expansion Premises Commencement Date. Tenant, at its sole cost and expense, shall perform all work necessary to prepare the Expansion Premises for Tenant’s occupancy in accordance with the terms and conditions set forth on Exhibit B-1 attached hereto except as the same is hereinafter amended, solely as Exhibit B-1 pertains to the Expansion Premises: 1. All references in Exhibit B-1 to (i) the “Third Additional Premises” shall be replaced with the “Expansion Premises”; (ii) the “Tenant’s Third Additional Premises Work” shall be replaced with the “Tenant’s Expansion Premises Work”; and (iii) the “Tenant’s Third Additional Premises Plans” shall be replaced with the “Tenant’s Expansion Premises Plans; and 2. All references in Section 1.3(iv) of Exhibit B-1 to (i) the “Rentable Floor Area of the Third Additional Premises” shall be replaced with the “Rentable Floor Area of the Expansion Premises”, and (ii) the “Tenant Third Additional Premises Allowance” shall be replaced with the “Tenant Expansion Premises Allowance.” For the avoidance of doubt, the reference in Section 1.3(iv) of Exhibit B-1 to “March 31, 2019” shall remain unchanged.

Condition of the Expansion Premises. Subject to the provisions of Paragraph 3 above, on the EP Commencement Date Landlord shall deliver to Tenant shall accept possession of the Expansion Premises in their its then as-is existing "AS IS", condition (i.e.and state of repair, as 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 Commencement Dateexcept for Landlord's provision of the EP Tenant Improvement Allowance, subject to, and as expressly set forth in Exhibit B attached hereto and made a part hereof. The EP Tenant Improvements (as defined in Exhibit B) without any obligation on shall be installed by Tenant in accordance with the Landlord’s part terms, conditions, criteria and provisions set forth in Exhibit B hereto, and not pursuant to perform any additions, alterations, improvements, demolition or other work therein or pertaining thereto; provided, however, that Landlord shall deliver Exhibit B attached to the Lease which is not applicable to the Expansion Premises Premises. The EP Tenant Improvements constructed hereunder shall comply with the requirements of the Americans with Disabilities Act, a federal law codified at 42 U.S.C. 12101 et seq., including, but not limited to Title III thereof, all regulations and guidelines related thereto and all requirements of Title 24 of the State of California, and all costs incurred for purposes of compliance therewith shall be a part of and included in the costs of the EP Tenant broom clean and free Improvements. By taking possession of all tenantsthe Expansion Premises, occupants and personal property and with all Building systems serving Tenant is deemed to have accepted the Expansion Premises in good working ordercondition and state of repair. For Any exception to the avoidance foregoing provisions must be made by express written agreement signed by both parties. Tenant acknowledges that no representations or warranties of doubtany kind, at express or implied, respecting the expiration condition of the Expansion Premises, Building, or earlier termination Park or have been made by Landlord or any agent of this LeaseLandlord to Tenant, except as expressly set forth herein. Tenant shall not further acknowledges and agrees that the EP Tenant Improvements described in Exhibit B attached hereto will be required to remove any telecommunications cabling or wiring existing installed and constructed by Tenant in the Expansion Premises as and the completion of such EP Tenant Improvements therein shall not affect Tenant's obligation to pay Rent and to perform all of Tenant's covenants and obligations under the Lease and this Amendment. Tenant hereby expressly (I) agrees that Tenant shall have no right or claim to any abatement, offset or other deduction of the amount of Rent payable by Tenant for the Original Premises and/or the Expansion Premises Commencement Date. due to the installation and construction of any EP Tenant Improvements, (II) grants Landlord access to any and all of the Original Premises and Expansion Premises to inspect Tenant's construction of the EP Tenant Improvements and to exercise all other rights conferred upon Landlord under the Lease, at its sole cost including the Amendment and expenseExhibit B hereto, (III) agrees to not interfere, and to not allow any of Tenant's Representatives to interfere, with the other tenants in the Building and the Park, (IV) agrees that Tenant's employees, agents, contractors, consultants, workmen, mechanics, suppliers and invitees shall perform fully cooperate, work in harmony and not, in any manner, unreasonably interfere with Landlord's work in other areas of the Building or the Park, or the general operation of the Building, and (V) assumes any and all work necessary liability and responsibility for any damage to prepare the Original Premises, the Expansion Premises for and Tenant’s occupancy 's personal property, trade fixtures, furnishings, equipment and goods located therein or thereabout arising in accordance with the terms any manner or related to Tenant's installation and conditions set forth on Exhibit B-1 attached hereto except as the same is hereinafter amended, solely as Exhibit B-1 pertains to the Expansion Premises: 1. All references in Exhibit B-1 to (i) the “Third Additional Premises” shall be replaced with the “Expansion Premises”; (ii) the “Tenant’s Third Additional Premises Work” shall be replaced with the “Tenant’s Expansion Premises Work”; and (iii) the “Tenant’s Third Additional Premises Plans” shall be replaced with the “Tenant’s Expansion Premises Plans; and 2. All references in Section 1.3(iv) of Exhibit B-1 to (i) the “Rentable Floor Area construction of the Third Additional Premises” shall be replaced with the “Rentable Floor Area of the Expansion Premises”, and (ii) the “EP Tenant Third Additional Premises Allowance” shall be replaced with the “Tenant Expansion Premises AllowanceImprovements.” For the avoidance of doubt, the reference in Section 1.3(iv) of Exhibit B-1 to “March 31, 2019” shall remain unchanged.

Condition of the Expansion Premises. Landlord shall deliver, and Tenant shall accept hereby agrees to accept, the Expansion Premises (including all improvements, furniture, fixtures, equipment, and telephone and data cabling contained within the Premises as of the Effective Date) in their then its “as-is is” and “where-is” condition (i.e.with all faults and Tenant hereby acknowledges that Landlord shall not be obligated to provide or pay for any improvement work, as remodeling or refurbishment, or services related to the improvement of the Expansion Premises. Tenant’s acceptance of possession of the Expansion Premises Commencement Date) without any obligation on the Landlordconstitutes Tenant’s part to perform any additions, alterations, improvements, demolition or other work therein or pertaining thereto; provided, however, acknowledgment that Landlord shall deliver the Expansion Premises to Tenant broom clean and free of all tenants, occupants Project are acceptable and personal property and with all Building systems serving the Expansion Premises in good working order. For the avoidance of doubt, at the expiration or earlier termination of this Lease, Tenant shall not be required to remove any telecommunications cabling or wiring existing in the Expansion Premises as of condition required by this Second Amendment. Tenant acknowledges that Landlord has made no representation or warranty regarding the Expansion Premises Commencement Date. Tenant, at its sole cost and expense, shall perform all work necessary to prepare the Expansion Premises for Tenant’s occupancy in accordance with the terms and conditions set forth on Exhibit B-1 attached hereto except as the same is hereinafter amended, solely as Exhibit B-1 pertains to the Expansion Premises: 1. All references in Exhibit B-1 to (i) the “Third Additional Premises” shall be replaced with the “Expansion Premises”; (ii) the “Tenant’s Third Additional Premises Work” shall be replaced with the “Tenant’s Expansion Premises Work”; and (iii) the “Tenant’s Third Additional Premises Plans” shall be replaced with the “Tenant’s Expansion Premises Plans; and 2. All references in Section 1.3(iv) of Exhibit B-1 to (i) the “Rentable Floor Area of the Third Additional Premises” shall be replaced with the “Rentable Floor Area condition of the Expansion Premises”. Tenant shall pay all costs and expenses associated with or arising out of the Expansion Premises. Additionally, Tenant acknowledges that it has been occupying the Original Premises prior to the Effective Date and that Tenant continues to accept the Original Premises in its current “as is” condition as of the Effective Date. Prior to commencing any construction or modification of the Expansion Premises, Tenant shall obtain Landlord’s prior written consent in accordance with Article 8 of the Original Lease and shall procure all necessary governmental permits and approvals. Prior to Tenant commencing business in the Expansion Premises, Tenant shall use best efforts to obtain a certificate of occupancy and any other governmental permits and licenses required for Tenant to use and occupy the Expansion Premises, and (ii) the “deliver a copy of each to Landlord. Tenant Third Additional Premises Allowance” shall have any separately metered utilities and service contracts placed into Tenant’s name and Tenant shall be replaced responsible for paying all utilities servicing the Expansion Premises from and after the Delivery Date. Landlord and Tenant stipulate and agree that the Expansion Premise contains 62,870 rentable square feet for all purposes of the Lease (as amended) and is not subject to remeasurement. Notwithstanding anything set forth herein or in the Original Lease to the contrary, Tenant may access, use, and operate from, the Original Premises and the Expansion Premises at all times, without interruption, 24 hours per day, seven days per week, in conformity with the “Tenant Expansion Premises AllowanceLease requirements.” For the avoidance of doubt, the reference in Section 1.3(iv) of Exhibit B-1 to “March 31, 2019” shall remain unchanged.

Condition of the Expansion Premises. Tenant shall accept the Expansion Premises in their then as-is condition (i.e., as of the Expansion Premises Commencement Date) without any obligation on the Landlord’s part to perform any additions, alterations, improvements, demolition or other work therein or pertaining thereto; provided, however, that Landlord shall deliver the Expansion Premises to Tenant broom clean with professionally cleaned floors, including, without limitation, all carpeted and free of all tenants, occupants and personal property and tiled areas. Landlord warrants that (a) the Expansion Premises shall be in compliance with all Building laws, (b) electricity to the Expansion Premises shall be separately metered and (c) all mechanical, plumbing and electrical systems serving the Expansion Premises in good working order. For the avoidance of doubt, at the expiration or earlier termination of this Lease, Tenant shall not be required to remove any telecommunications cabling or wiring existing and all carpet and ceiling tiles in the Expansion Premises shall be in good operating condition as of the Expansion Premises Commencement Date. TenantPrior to the Expansion Premises Commencement Date, Landlord shall, at its sole cost, professionally clean all floors. If the mechanical, plumbing or electrical systems of the Expansion Premises are not in good working order and condition and if such condition is not due to Tenant’s use of, or activities or work in, the Expansion Premises, and Tenant provides written notice of such condition within sixty (60) days following the Expansion Premises Commencement Date, then Landlord shall (as Tenant’s sole remedy therefor) correct such condition at Landlord’s cost within a commercially reasonable time after Landlord’s receipt of written notice thereof. Tenant hereby acknowledges and expenseagrees that neither Landlord nor Landlord’s agents or representatives has made any representations or warranties as to the suitability, shall perform all work necessary to prepare safety or fitness of the Expansion Premises for the conduct of Tenant’s occupancy in accordance with business, Tenant’s intended use of the terms and conditions Expansion Premises or for any other purpose. Except as expressly set forth on Exhibit B-1 attached hereto except in this First Amendment, Tenant shall accept the Expansion Premises in its “as is” condition as of the same Expansion Premises Commencement Date and Landlord is hereinafter amended, solely as Exhibit B-1 pertains under no obligation to make any alterations in or to the Expansion Premises: 1. All references in Exhibit B-1 to (i) Premises or the “Third Additional Premises” shall be replaced with the “Expansion Premises”; (ii) the “Tenant’s Third Additional Premises Work” shall be replaced with the “Tenant’s Expansion Premises Work”; and (iii) the “Tenant’s Third Additional Premises Plans” shall be replaced with the “Tenant’s Expansion Premises Plans; and 2. All references in Section 1.3(iv) of Exhibit B-1 to (i) the “Rentable Floor Area of the Third Additional Premises” shall be replaced with the “Rentable Floor Area of the Expansion Premises”, and (ii) the “Tenant Third Additional Premises Allowance” shall be replaced with the “Tenant Expansion Premises AllowanceBuilding.” For the avoidance of doubt, the reference in Section 1.3(iv) of Exhibit B-1 to “March 31, 2019” shall remain unchanged.