Common use of Condition of the Premises Clause in Contracts

Condition of the Premises. Tenant has inspected the Premises and agrees (a) to accept possession of the various portions of the Premises in their condition existing on the date hereof “as is”, and (b) that except for Landlord’s Contribution Landlord has no obligation to provide any allowances, perform any work, supply any materials, incur any expense or make any alterations or improvements to prepare the Premises for Tenant’s occupancy. Any work to be performed by Tenant in connection with Tenant’s initial occupancy of the Premises shall be hereinafter referred to as the “Initial Installations,” and shall be Substantially Completed by Tenant within 120 days following the Commencement Date as to each of the Suites comprising the Premises. Tenant’s occupancy of any part of the Premises shall be conclusive evidence, as against Tenant, that Tenant has accepted possession of the Premises in its then current condition and at the time such possession was taken, the Premises and the Building were in a good and satisfactory condition as required by this Amended and Restated Lease. The requirements and conditions for Alterations contained in Article 5 of the Lease shall not apply to the Initial Installations, and the process and requirements with respect to such Initial Installations shall be governed by the Work Letter.

Appears in 2 contracts

Sources: Lease Agreement (Marchex Inc), Lease Agreement (Marchex Inc)

Condition of the Premises. Tenant has inspected the Premises and agrees (ai) to accept possession of the various portions of the Premises in their the condition existing which shall exist on the date hereof Commencement Date “as is”, and (b) that further agrees that, except for Landlord’s Contribution Work, Landlord has shall have no obligation obligation, to provide any allowances, perform any work, supply any materials, incur any expense work or make any alterations or improvements installations in order to prepare the Premises for Tenant’s occupancy. Any work , and (ii) Landlord and Landlord’s agents have made no representations, warranties or promises whatsoever with respect to be performed the Premises, the Building, the Real Property, the Rents, leases, Taxes, or any other matter or thing, except as herein expressly set forth, and no rights, easements or licenses are acquired by Tenant by implication or otherwise except as expressly set forth in connection this Lease. Tenant represents and warrants that it is fully familiar with Tenant’s initial occupancy of the Premises shall be hereinafter referred to as and the “Initial Installations,” Building and shall be Substantially Completed by Tenant within 120 days following the Commencement Date as to each has thoroughly inspected same. The taking of the Suites comprising the Premises. Tenant’s occupancy of any part of the Premises shall be conclusive evidence, as against Tenant, that Tenant has accepted possession of the Premises in its then current condition and by Tenant shall be conclusive evidence as against Tenant that, at the time such possession was so taken, the Premises and Landlord’s Work, except for minor details of construction commonly referred to as “punch list” items, as well as the Building were in a good and satisfactory condition as required by this Amended condition, and Restated Lease. The requirements and conditions for Alterations contained in Article 5 that all of the Premises and appurtenances thereto that are the subject of this Lease shall not apply to the Initial Installations, and the process and requirements with respect to such Initial Installations shall be governed have been received by the Work LetterTenant.

Appears in 2 contracts

Sources: Lease Agreement (Panacea Acquisition Corp), Lease Agreement (Panacea Acquisition Corp)

Condition of the Premises. Tenant has inspected the Premises and agrees (a) to accept possession of the various portions each portion of the Premises in their the condition existing on the date hereof “respective Rent Commencement Date "as is", and but subject to Landlord's obligation to maintain the Premises as expressly provided herein, (b) that neither Landlord nor Landlord's agents have made any representations or warranties with respect to the Premises or the Building except as expressly set forth herein, and (c) except for Landlord’s 's Contribution described in Exhibit "C" attached hereto, Landlord has no obligation to provide any allowances, perform any work, supply any materials, incur any expense or make any alterations or improvements to prepare the Premises for Tenant’s 's occupancy. Any work to be performed by Tenant in connection with Tenant’s initial occupancy of the Premises shall be hereinafter referred to as the “Initial Installations,” and shall be Substantially Completed by Tenant within 120 days following the Commencement Date as to each of the Suites comprising the Premises. Tenant’s 's occupancy of any part of the Premises shall be conclusive evidence, as against Tenant, that Tenant has accepted possession of the Premises in its then current condition and at the time such possession was taken, the Premises and the Building were in a good and satisfactory condition as required by this Amended and Restated Lease. The requirements Tenant agrees and conditions for Alterations contained in Article 5 of the Lease shall not apply to the Initial Installations, and the process and requirements with respect to such Initial Installations acknowledges that it shall be governed responsible, at its sole cost and expense, for (i) ensuring that the core hardware to be installed on all doors within the Premises by Tenant shall be Building Standard lever-type where required by the Work LetterAmericans With Disabilities Act of 1990 (the "ADA"), (ii) bringing the toilet rooms within the Premises into compliance with the ADA, (iii) upgrading the lobby separation doors on each floor in accordance with applicable Requirements; and (iv) replacing ceiling tiles in accordance with Building Standards as reasonably established by Landlord.

Appears in 1 contract

Sources: Lease (Cmgi Inc)

Condition of the Premises. Tenant has inspected the Premises and agrees (ai) to accept possession of the various portions of the Premises in their the condition existing which shall exist on the date hereof “as is”Commencement Date "AS IS", and (b) further agrees that except for Landlord’s Contribution Landlord has shall have no obligation obligation, to provide any allowances, perform any work, supply any materials, incur any expense work or make any alterations or improvements installations in order to prepare the Premises for Tenant’s 's occupancy, unless otherwise provided in this Lease, and (ii) Landlord and Landlord's agents have made no representations, warranties or promises whatsoever with respect to the Premises, the Building, the Real Property, the rents, leases, Taxes. Any work to be performed or any other matter or thing, except as herein expressly set forth, and no rights, easements or licenses are acquired by Tenant by implication or otherwise except as expressly set forth 'in connection this Lease. Tenant represents and warrants that it is fully familiar with Tenant’s initial occupancy of the Premises shall be hereinafter referred to as the “Initial Installations,” and shall be Substantially Completed by Tenant within 120 days following the Commencement Date as to each has thoroughly inspected same. The taking of the Suites comprising the Premises. Tenant’s occupancy of any part of the Premises shall be conclusive evidence, as against Tenant, that Tenant has accepted possession of the Premises in its then current condition and by Tenant shall be conclusive evidence as against Tenant that, at the time such possession was so taken, the Premises and the Building were in a good and satisfactory condition as required by this Amended condition, and Restated Lease. The requirements and conditions for Alterations contained in Article 5 that all of the Premises and appurtenances thereto that are the subject of this Lease shall not apply to the Initial Installations, and the process and requirements with respect to such Initial Installations shall be governed have been received by the Work LetterTenant.

Appears in 1 contract

Sources: Lease Agreement (Salon Internet Inc)

Condition of the Premises. Tenant has inspected the Premises and agrees (a) to accept possession of the various portions of Premises (including all data cabling located therein) in the Premises in their condition existing on the date hereof Commencement Date “as is”, and (b) that except for the Initial Installments and Landlord’s Contribution Contribution, Landlord has no obligation to provide any allowances, perform any work, supply any materials, incur any expense or make any alterations or improvements to prepare the Premises for Tenant’s occupancy. Any work to be performed by Tenant ; provided, however, Landlord shall ensure that on the Effective Date such cabling is in connection with Tenant’s initial occupancy of the Premises shall be hereinafter referred to as the “Initial Installations,” a neat and orderly condition and shall complete such connections/terminals as may be Substantially Completed by Tenant within 120 days following necessary to ensure the Commencement Date as to each of the Suites comprising the Premisesfunctionality thereof. Tenant’s occupancy of any part of the Premises shall be conclusive evidence, as against Tenant, that Tenant has accepted possession of the Premises in its then current condition and at the time such possession was taken, the Premises and the Building were in a good and satisfactory condition as required by this Amended and Restated Lease. The requirements and conditions for Alterations contained in Article 5 of the Lease shall not apply , subject to the Initial Installations, and the process and requirements with respect any punch-list items that may still need to such Initial Installations shall be governed by completed per the Work Letter, as well as any repairs and/or retrofitting to the existing Premises, including furniture, fixtures and equipment, as may be identified by the parties during a mutual walkthrough of the Premises; provided that Landlord covenants and agrees that on the date of Landlord’s tender of possession of the Premises to Tenant, the Premises shall be in good working condition, including, but not limited to, the roof and Building Systems.

Appears in 1 contract

Sources: Lease Agreement (DemandTec, Inc.)

Condition of the Premises. Tenant has inspected the Premises and agrees (a) to accept possession of the various portions of the Premises in their the condition existing on the date hereof Commencement Date “as is”, except as otherwise set forth in this Article 4, and (b) that except for Landlord’s Contribution Work described below and except for Landlord’s Contribution, Landlord has no obligation to provide any allowances, perform any work, supply any materials, incur any expense or make any alterations or improvements to prepare the Premises for Tenant’s occupancy. Notwithstanding the foregoing, prior to the Commencement Date, Landlord, at its sole cost and expense, shall perform the work set forth on Exhibit C attached hereto (“Landlord’s Work”) using Building standard methods and material and using contractors, subcontractors, laborers, materialmen and suppliers selected by Landlord in its sole and absolute discretion. Any work improvements, alterations, additions or changes to the Premises other than Landlord’s Work shall be performed by Tenant Tenant, at its sole cost and expense, in connection accordance with Tenant’s initial occupancy the terms and conditions of the Premises shall be hereinafter referred to as the “Initial Installations,” and shall be Substantially Completed by Tenant within 120 days following the Commencement Date as to each of the Suites comprising the PremisesArticle 5 below. Tenant’s occupancy of any part of the Premises for the operation of its business therein shall be conclusive evidence, as against Tenant, that Landlord has completed any work to be performed by Landlord under this Lease (including, without limitation, Landlord’s Work), Tenant has accepted possession of the Premises in its then current condition and at the time such possession was taken, the Premises and the Building were in a good and satisfactory condition as required by this Amended and Restated Lease. The requirements and conditions for Alterations contained in Article 5 of the Lease shall not apply to the Initial Installations, and the process and requirements with respect to such Initial Installations shall be governed by the Work Letter.

Appears in 1 contract

Sources: Lease Agreement (E2open Inc)

Condition of the Premises. Tenant has inspected the Premises and agrees (a) to accept possession of the various portions of the Premises in their the condition existing on the date hereof Commencement Date “as is”, and (b) that except for Landlord’s Contribution Contribution, Landlord has no obligation to provide any allowances, perform any work, supply any materials, incur any expense or make any alterations or improvements to prepare the Premises for Tenant’s occupancy. Any work to be performed by Tenant in connection with Tenant’s initial occupancy of the Premises shall be hereinafter referred to as the “Initial Installations,.and shall be Substantially Completed by Tenant within 120 days following the Commencement Date as to each of the Suites comprising the Premises. Tenant’s occupancy of any part of the Premises shall be conclusive evidence, as against Tenant, that Tenant has accepted possession of the Premises in its then current condition and at the time such possession was taken, the Premises and the Building were in a good and satisfactory condition as required by this Amended Lease, subject to Landlord’s maintenance and Restated repair obligations under this Lease. The requirements and conditions for Alterations contained in Article 5 of the Lease shall not apply Notwithstanding anything to the Initial Installationscontrary, Landlord agrees to deliver the Premises to Tenant (i) broom clean and in the process and requirements with respect to such Initial Installations shall be governed same general condition as existing on the Effective Date, without any damage caused by the Work Letterexisting tenant; and (ii) free of other tenants and their personal property.

Appears in 1 contract

Sources: Lease Agreement (Achieve Life Sciences, Inc.)

Condition of the Premises. Tenant has inspected examined the Premises and subject to the completion of Landlord’s Work agrees (a) to accept possession of the various portions of the Premises in their the condition existing and state of repair which shall exist on the date hereof "as is", and (b) further agrees that except for Landlord’s Contribution Landlord has shall have no other obligation to provide any allowances, perform any work, supply any materials, incur any expense work or make any alterations or improvements installations in order to prepare the Premises for Tenant’s 's occupancy. Any work to be performed by Tenant in connection with Tenant’s initial occupancy of , except that the Premises shall be delivered in the Delivery Condition (as hereinafter referred to as the “Initial Installations,” and shall be Substantially Completed by Tenant within 120 days following the Commencement Date as to each defined). The taking of the Suites comprising the Premises. Tenant’s occupancy of any part of the Premises shall be conclusive evidence, as against Tenant, that Tenant has accepted possession of the Premises in its then current condition and by Tenant shall be conclusive evidence as against Tenant that, at the time such possession was so taken, the Premises and the Building were in a good and satisfactory condition as required by this Amended and Restated Lease. The requirements and conditions for Alterations contained in Article 5 of the Lease but same shall not apply to the Initial Installations, and the process and requirements release Landlord from any of its obligations hereunder with respect to such Initial Installations repairs and maintenance. On the Commencement Date, Landlord shall be governed deliver the Premises (i) in broom-clean condition and free of debris, (ii) with the equipment and systems in or servicing the Premises (including the plumbing, restroom fixtures, electrical, fire and life safety and HVAC systems) in good working order and condition and in compliance with all applicable laws, ordinances and regulations, (iii) free of occupants and any tenancies, and (iv) with Landlord’s Work Substantially Completed, and (v) otherwise in the condition required by herein. Subparagraphs (i) through (v) are collectively hereinafter referred to as the Work Letter“Delivery Condition”.

Appears in 1 contract

Sources: Lease Agreement (COMPASS Pathways PLC)

Condition of the Premises. Tenant has inspected the Premises and agrees (a) to accept possession of the various portions each portion of the Premises in their the condition existing on the date hereof “respective Rent Commencement Date "as is", and but subject to Landlord's obligation to maintain the Premises as expressly provided herein, (b) that neither Landlord nor Landlord's agents have made any representations or warranties with respect to the Premises or the Building except as expressly set forth herein, and (c) except for Landlord’s 's Contribution described in Exhibit "C" attached hereto, Landlord has no obligation to provide any allowances, perform any work, supply any materials, incur any expense or make any alterations or improvements to prepare the Premises for Tenant’s 's occupancy. Any work to be performed by Tenant in connection with Tenant’s initial occupancy of the Premises shall be hereinafter referred to as the “Initial Installations,” and shall be Substantially Completed by Tenant within 120 days following the Commencement Date as to each of the Suites comprising the Premises. Tenant’s 's occupancy of any part of the Premises shall be conclusive evidence, as against Tenant, that Tenant has accepted possession of the Premises in its then current condition and at the time such possession was taken, the Premises and the Building were in a good and satisfactory condition as required by this Amended and Restated Lease. The requirements Tenant agrees and conditions for Alterations contained in Article 5 of the Lease shall not apply to the Initial Installations, and the process and requirements with respect to such Initial Installations acknowledges that it shall be governed responsible, at its sole cost and expense, for ensuring that the core hardware to be installed on all doors within the Premises by Tenant shall be Building Standard lever-type where required by the Work LetterAmericans With Disabilities Act of 1990 (the "ADA") and for bringing the Block Two toilet rooms into compliance with the ADA.

Appears in 1 contract

Sources: Lease Agreement (Engage Technologies Inc)