Condition of the Sublease Premises Clause Samples
Condition of the Sublease Premises. Subject to any fit-up work to be performed by Prime Landlord under the Prime Lease with regard to the Sublease Premises (including any replacement of any loose or damaged floor tiles and any damaged or discolored ceiling tiles), and to any preparation work to be performed by Sublandlord as specifically provided in Exhibit B attached hereto, Subtenant acknowledges that it has examined and inspected the Sublease Premises and is fully familiar with the physical condition thereof, and agrees to accept and take possession of the Sublease Premises "as is". Subtenant further acknowledges that, as an occupant of the Complex, it is generally familiar with the condition of the Complex, including, without limitation, the conditions listed as Exhibit N of the Prime Lease. Sublandlord does not make any representation or warranty as to the physical condition of the Sublease Premises or Complex, the use to which the Sublease Premises or Complex may be put or any other matter or thing affecting or relating to the Sublease Premises except as specifically set forth in this Sublease. Notwithstanding the immediately preceding sentence, Sublandlord and Subtenant each represents to the other that, to the best of their respective knowledge, Prime Landlord's representations made in Article 41 and Section 36.03(a) of the Prime Lease are true and accurate as of the date hereof. Sublandlord shall have no obligation whatsoever to alter, improve, decorate or otherwise prepare the Sublease Premises for Subtenant's occupancy, except as may be specifically provided in Exhibit B. Subtenant acknowledges that it presently occupies, and has been in occupancy of, portions of the Sublease Premises.
Condition of the Sublease Premises. Subject to the provisions of this Sublease and the Master Lease regarding damage or destruction due to casualty or condemnation, upon the expiration or earlier termination of this Sublease, Sublessee shall, at its sole cost and expense, deliver the Sublease Premises broom clean and in substantially as good order, condition and repair as when received or as improved by Sublessee, with all of Sublessee’s personal property removed, including but not limited to business or trade fixtures, machinery, equipment, cabinetwork, signs, furniture owned by Sublessee, and movable partitions (collectively, “Sublessee’s Property”). Furthermore, Sublessee agrees to repair any damage to the Sublease Premises or to the Building caused by or related to the removal of Sublessee’s Property or permanent improvements or additions which Sublessee is required to remove pursuant to the terms of this Sublease, including, without limitation, repairing the floor and patching and/or painting the walls where required by Master Lessor to the reasonable satisfaction of Sublessor and/or Master Lessor, all at Sublessee’s sole cost and expense. Sublessee shall indemnify Sublessor against any loss or liability resulting from delay by Sublessee in so surrendering the Sublease Premises, including, without limitation, any claims made by the Master Lessor and/or any succeeding tenant founded on such delay. Such indemnity obligation shall survive the expiration or earlier termination of this Sublease.
Condition of the Sublease Premises. (a) Subtenant agrees that (i) Sublandlord has made no representations or warranties of any kind or nature whatsoever respecting the Sublease Premises, the Equipment or the built-in equipment located in or serving the Sublease Premises, their condition or suitability for Subtenant's use; and (ii) Subtenant agrees to accept the Sublease Premises "as is, where is," with all faults, without any obligation on the part of Sublandlord to modify, improve or otherwise prepare the Sublease Premises for Subtenant's occupancy.
(b) Sublandlord has not made an independent investigation of the Premises or determination with respect to the physical and environmental condition of the Premises including without limitation the existence of any underground tanks, pumps, piping, toxic or hazardous substances on the Premises. No investigation has been made by Sublandlord to ensure compliance with the "American With Disabilities Act" ("ADA"). ADA may require a variety of changes to the Sublease Premises, including potential removal of barriers to access by disabled persons and provision of auxiliary aids and services for hearing, vision or speech impaired persons. Subtenant shall rely solely on its own investigations and/or that of a licensed professional specializing in the areas referenced in this Section 5(b).
(c) Other than repairs or replacements of existing improvements, Subtenant shall not make any alterations, modifications or improvements to the Sublease Premises without Sublandlord's prior written consent, which consent may be withheld in Sublandlord's sole discretion.
Condition of the Sublease Premises. Sublessee agrees to accept the Sublease Premises in its as-is condition, provided that Sublessor shall use commercially reasonable efforts to enforce its rights under the Main Lease to ensure that the Sublease Premises is delivered in the condition required by the Main Lease.
Condition of the Sublease Premises. 4.1 Subtenant represents that it has examined (or waived examination of) the Sublease Premises. Sublandlord has not made and does not make any representations or warranties as to the physical condition of the Sublease Premises (including any latent defects in or to the Sublease Premises), the uses to which the Sublease Premises may be put, or any other matter or thing affecting or relating to the Sublease Premises, except as specifically set forth in this Sublease.
4.2 Subtenant agrees to accept the Sublease Premises in their “AS IS” broom clean condition as of the date hereof as the same may be affected by reasonable wear and tear after the date hereof. Sublandlord shall have no obligation whatsoever to alter, improve, decorate or otherwise prepare the Sublease Premises, or any portion thereof, for Subtenant’s occupancy.
Condition of the Sublease Premises. Sublessee accepts the Sublease Premises and all leasehold improvements in their presently existing condition, “AS IS, WHERE IS”, and Sublessor makes no warranties or representations with respect thereto, including without limitation any warranties of habitability, suitability or fitness for any particular purpose.
Condition of the Sublease Premises. A. It is understood and agreed that all understandings and agreements heretofore had between the parties are merged in this Sublease, which alone fully and completely expresses their agreements, and that the same are entered into after full investigation, neither party relying upon any statement or representation made by the other and not embodied in this Sublease. Subtenant agrees to accept possession of the Sublease Premises in “as is” and “where is” condition on the Commencement Date and Sublandlord is not required to perform work of any kind, nature or description to prepare the Sublease Premises for Subtenant’s occupancy, other than Sublandlord’s Work.
B. Subtenant acknowledges and agrees that any and all alterations, installations, renovations or other items of work necessary to prepare the Sublease Premises for Subtenant’s initial occupancy (“Subtenant’s Work”) shall be performed by Subtenant (subject to the provisions of Paragraph 9 above and the applicable provisions of the O▇▇▇▇▇▇▇▇), at Subtenant’s sole cost and expense.
Condition of the Sublease Premises. Subtenant agrees to accept the Sublease Premises in its "as is" condition on the Sublease Commencement Date. Sublandlord has not made and does not make any representations or warranties as to the physical condition of the Sublease Premises, the use to which the Sublease Premises may be put, or any other matter or thing affecting or relating to the Sublease Premises, except as specifically set forth in this Sublease. Sublandlord shall have no obligations whatsoever to alter, improve, decorate or otherwise prepare the Sublease Premises for Subtenant's occupancy.
Condition of the Sublease Premises. Sublessor shall deliver the Sublease Premises to Sublessee with all building systems (i.e., HVAC, electrical, plumbing and roof) in good operating condition, and warrants the same for the first thirty (30) days of the Sublease Term. Sublessee acknowledges that except as expressly stated in this Sublease, (i) Sublessor makes no warranties or representations regarding the physical condition of the Sublease Premises; (ii) Sublessee has had an opportunity to inspect the Sublease Premises, including the roof and structural components of the building; the electrical, plumbing, HVAC, and other building systems serving the Sublease Premises; and the environmental condition of the Sublease Premises and related common areas; and to hire experts to conduct such inspections on its behalf; and (iii) Sublessee is leasing the Sublease Premises based on its own inspection of the Sublease Premises and those of its agents, and is not relying on any statements, representations or warranties of Sublessor regarding the physical condition of the Sublease Premises. In addition, Sublessor shall pass on to Sublessee any existing construction warranties that are available.
Condition of the Sublease Premises. Subtenant represents and warrants that ---------------------------------- it has reviewed the condition of the Sublease Premises, and has independently determined that the Sublease Premises are suitable for its intended uses. SUBTENANT ACCEPTS THE SUBLEASE PREMISES "AS IS, WHERE IS", WITHOUT REPRESENTATION OR WARRANTY BY SUBLANDLORD EXCEPT AS SPECIFICALLY SET FORTH IN THIS SECTION 3. ALL OTHER REPRESENTATIONS AND WARRANTIES OF SUBLANDLORD, EXPRESS OR IMPLIED, ARE EXCLUDED. Sublandlord represents and warrants, to the best of its knowledge and belief, without independent investigation, that the Sublease Premises, including the roof, parking areas, and all electrical, mechanical, plumbing and HVAC systems, will be in good condition and repair when the Sublease term commences. Sublandlord also represents and warrants that the Sublease Premises will be delivered to Subtenant clean and in broom swept condition. Sublandlord further represents and warrants, without independent investigation, that it has no knowledge of the presence or existence or hazardous or toxic materials or hazardous or toxic waste in or about the building or Sublease Premises. Sublandlord represents and warrants, to the best of its knowledge and belief, without independent investigation, that the Sublease Premises and those portions of the building necessary to use and enjoy the Sublease Premises comply with the Americans with Disabilities Act (ADA). Subtenant assumes all responsibility for ADA compliance with respect to any authorized tenant improvements it may make to the Sublease Premises.