Common use of Condition of the Sublease Premises Clause in Contracts

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.

Appears in 1 contract

Sources: Sublease (Exelixis Inc)

Condition of the Sublease Premises. (a) Subtenant agrees Sublessee shall accept possession of the Sublease Premises on the Commencement Date in its "as-is, where-is" condition. Sublessee acknowledges that except as expressly stated in this Sublease, (i) Sublandlord has made Sublessor makes no warranties or representations or warranties regarding the physical condition 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 Sublessee has had an opportunity 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 inspect the Sublease Premises, including potential removal the roof and structural components of barriers 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 access by disabled persons hire experts to conduct such inspections on its behalf, and provision of auxiliary aids and services for hearing, vision or speech impaired persons. Subtenant shall rely solely (iii) Sublessee is leasing the Sublease Premises based on its own investigations and/or that inspection 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 Sublandlordand those of its agents, and is not relying on any statements, representations or warranties of Sublessor or its employees, brokers, agents or other representatives regarding the physical condition of the Sublease Premises. Sublessee's prior written consenttaking of possession of the Sublease Premises shall constitute conclusive evidence that the Sublease Premises are in good, which consent may be withheld clean and tenantable condition. Notwithstanding the foregoing, Sublessee shall have the right, within two (2) weeks of the Commencement Date only, to inform Sublessor of any material adverse change in Sublandlordthe condition of the Sublease Premises from the condition thereof as of the Effective Date. Sublessor shall promptly thereafter (a) remedy those conditions that are the tenant's sole discretionresponsibility under the Master Lease and (b) request that Master Lessor remedy those conditions that are the landlord's responsibility under the Master Lease.

Appears in 1 contract

Sources: Sublease Agreement (Verisign Inc/Ca)

Condition of the Sublease Premises. (a) Subtenant Prior to the Commencement Date, Sublessor shall cause the carpets in the interior of the Sublease Premises to be vacuumed, the Sublease Premises to be cleaned and all personal effects of Sublessor to be removed. Subject to the foregoing, Sublessee hereby agrees to accept possession of the Sublease Premises on the Commencement Date in its “As Is” condition. Sublessee acknowledges that except as expressly stated in this Sublease: (i) Sublandlord Sublessor makes no warranties or representations regarding the physical or environmental condition of the Sublease Premises; (ii) Sublessee has made no had an opportunity to inspect 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 any kind Sublessor or nature whatsoever respecting Sublessor’s agents regarding the physical or environmental condition of the Sublease Premises, the Equipment or the built-except as expressly stated in equipment located in or serving the Sublease Premises, their condition or suitability for Subtenant's use; and (ii) Subtenant agrees to accept Article 7.3.2 below. Sublessee’s taking possession of the Sublease Premises "as is, where is," with all faults, without any obligation on the part of Sublandlord to modify, improve or otherwise prepare shall constitute conclusive evidence that the Sublease Premises for Subtenant's occupancyare in good, clean and tenantable condition. (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.

Appears in 1 contract

Sources: Sublease Agreement (hopTo Inc.)

Condition of the Sublease Premises. (a) Subtenant agrees Sublessee shall accept possession of the Sublease Premises on the Commencement Date in its "As Is" condition; provided, however, Sublessor shall professionally clean the Sublease Premises prior to delivery thereof to Sublessee and , to the extent provided in the Master Lease, Sublessee shall receive the benefit of any warranties applicable to the Sublease Premises. Sublessee acknowledges that except as expressly stated in this Sublease, (i) Sublandlord has made Sublessor makes no warranties or representations or warranties regarding the physical condition 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 Sublessee has had an opportunity 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 inspect the Sublease Premises, including potential removal the roof and structural components of barriers 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 access by disabled persons hire experts to conduct such inspections on its behalf; and provision of auxiliary aids and services for hearing, vision or speech impaired persons. Subtenant shall rely solely (iii) Sublessee is leasing the Sublease Premises based on its own investigations and/or that inspection 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 Sublandlordand those of its agents, and is not relying on any statements, representations or warranties of Sublessor regarding the physical condition of the Sublease Premises. Sublessee's prior written consenttaking of possession of the Sublease Premises shall constitute conclusive evidence that the Sublease Premises are in good, which consent may be withheld in Sublandlord's sole discretionclean and tenantable condition.

Appears in 1 contract

Sources: Sublease Agreement (Covad Communications Group Inc)

Condition of the Sublease Premises. (a) Subtenant agrees Sublessee shall accept possession of the Sublease Premises on the Commencement Date in its "as-is, where-is" condition. Sublessor shall have no obligation to Sublessee to construct any tenant improvements or provide Sublessee with any tenant improvement allowance under this Sublease. Sublessee acknowledges that except as expressly stated in this Sublease, (i) Sublandlord has made Sublessor makes no warranties or representations or warranties regarding the physical condition 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 Sublessee has had an opportunity 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 inspect the Sublease Premises, including potential removal the roof and structural components of barriers 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 access by disabled persons and provision of auxiliary aids and services for hearing, vision or speech impaired persons. Subtenant shall rely solely hire experts to conduct such inspections on its behalf; (iii) Sublessee is leasing the Sublease Premises based on its own investigations and/or that inspection 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 Sublandlordand those of its agents, and is not relying on any statements, representations or warranties of Sublessor or its employees, brokers, agents or other representatives regarding the physical condition of the Sublease Premises; and (iv) the Sublease Premises will not include Sublessor's prior written consentfurniture, which consent may be withheld movable partitions (including power distribution systems servicing movable partitions) and card-key access systems. Sublessee's taking of possession of the Sublease Premises shall constitute conclusive evidence that the Sublease Premises are in Sublandlord's sole discretiongood, clean and tenantable condition, subject to Section 19.9.3 below.

Appears in 1 contract

Sources: Sublease Agreement (Veritas Software Corp)