Common use of CONDITIONS OF PREMISES Clause in Contracts

CONDITIONS OF PREMISES. Landlord presents and warrants to Tenant that, on the Phase I Premises Commencement Date, Phase II Premises Commencement Date, and Phase III Premises Commencement Date, respectively, and as applicable, all plumbing, electrical, heating, ventilating, air-conditioning, ventilating and mechanical systems, including the dock doors permitted to be used by Tenant hereunder, located within the Premises, or located outside the Premises but which service the Premises, shall be in good condition and repair and in proper working order. Tenant acknowledges that, except as set forth in this Lease, neither Landlord or Agent, nor any representative of Landlord, has made any representation as to the condition of the Premises or the suitability of the Premises for Tenant’s intended use. Neither Landlord nor Agent shall be obligated to make any repairs, replacements or improvements (whether structural or otherwise) of any kind or nature to the Premises in connection with, or in consideration of, this Lease, except (a) as set forth in Sections 13.2 and 18 and (b) with respect to all (if any) repairs and improvements expressly and specifically described in Exhibit B attached hereto (“Landlord Work Items”) and (c) as may be required in order to deliver the Premises to Tenant in the condition required under this paragraph. Landlord shall enforce, or cause Agent to enforce, upon Tenant’s request, all manufacturer’s or contractor’s warranties, if any, issued in connection with any of the Landlord Work Items. Landlord shall perform, or caused to be performed, the Landlord Work Items in a good and workmanlike manner.

CONDITIONS OF PREMISES. Landlord presents and warrants The Premises shall be delivered to Tenant that---------------------- in an "as is" and "all faults" condition and Landlord shall have no obligation whatsoever to alter, on remodel, improve, repair, decorate or paint the Phase I Premises Commencement Date, Phase II Premises Commencement Date, and Phase III Premises Commencement Date, respectively, and as applicable, all plumbing, electrical, heating, ventilating, air-conditioning, ventilating and mechanical systems, including or any part thereof either prior to or during the dock doors permitted Lease Term except to be used by Tenant hereunder, located within the extent expressly provided in Exhibit "E" attached hereto. By accepting possession of ----------- the Premises, or located outside Tenant shall be deemed to have acknowledged that the Premises but which service the Premisesis suitable for its purposes and it is in good condition and repair. Subject to Section 10.2, Tenant, at its expenses, shall be keep the Premises and every part ------------- thereof in good condition and repair and shall, upon the expiration or sooner termination of the Lease Term, surrender the Premises to Landlord broom clean and in proper working ordergood condition and repair, ordinary wear and tear excepted. Tenant acknowledges thatand agrees that it has inspected, except as set forth in this Leaseor prior to the Commencement Date will inspect, neither the Premises and, that Tenant is not relying on any representations or warranties made by Landlord or AgentLandlord's Affiliates regarding the Premises, nor any representative of Landlord, has made any representation as to the condition of the Premises Building or the suitability of the Premises for Tenant’s intended use. Neither Landlord nor Agent shall be obligated to make any repairs, replacements or improvements (whether structural or otherwise) of any kind or nature to the Premises in connection with, or in consideration of, this Lease, Land except (a) as set forth in Sections 13.2 and 18 and (b) with respect to all (if any) repairs and improvements expressly and specifically described in Exhibit B attached hereto (“Landlord Work Items”) and (c) as may be required in order to deliver the Premises to Tenant in the condition required under this paragraph. Landlord shall enforce, or cause Agent to enforce, upon Tenant’s request, all manufacturer’s or contractor’s warranties, if any, issued in connection with any of the Landlord Work Items. Landlord shall perform, or caused to be performed, the Landlord Work Items in a good and workmanlike mannerexpressly set forth herein.

CONDITIONS OF PREMISES. Landlord presents Tenant hereby agrees that the Premises shall be taken "as is," "with all faults, "without any representations or warranties," and Tenant hereby agrees and warrants to Tenant that, on that it has investigated and inspected the Phase I condition of the Premises Commencement Date, Phase II Premises Commencement Dateand the suitability of same for Tenant's purposes, and Phase III Premises Commencement DateTenant does hereby waive and disclaim any objection to, respectively, and as applicable, all plumbing, electrical, heating, ventilating, air-conditioning, ventilating and mechanical systems, including the dock doors permitted to be used by Tenant hereunder, located within the Premisescause of action based upon, or located outside the Premises but which service the Premises, shall claim that its obligations hereunder should be in good condition and repair and in proper working order. Tenant acknowledges that, except as set forth in this Lease, neither Landlord reduced or Agent, nor any representative limited because of Landlord, has made any representation as to the condition of the Premises or the Project or the suitability of the Premises same for Tenant’s intended use. Neither Landlord nor Agent shall be obligated 's purposes, subject to make any repairs, replacements or improvements (whether structural or otherwise) of any kind or nature to the Premises in connection with, or in consideration of, this Lease, except (a) as set forth in Sections 13.2 and 18 and (b) with respect to all (if any) repairs and improvements expressly and specifically described in Exhibit B attached hereto (“Landlord Work Items”) and (c) as may be required in order Landlord's obligation to deliver the Premises to Tenant free from Landlord's personal property, broom clean and in the condition required under existing as of the date of this paragraphLease, reasonable wear and tear excepted. Tenant acknowledges that neither Landlord nor any agent nor any employee of Landlord has made any representation or warranty with respect to the Premises or the Project or with respect to the suitability of either for the conduct of Tenant's business, and Tenant expressly warrants and represents that Tenant has relied solely on its own investigation and inspection of the Premises and the Project in its decision to enter into this Lease and let the Premises in an "As Is" condition. The existing leasehold improvements in the Premises as of the date of this Lease shall be referred to herein as the "TENANT IMPROVEMENTS." The taking of possession of the Premises by Tenant shall conclusively establish that the Premises and the Project were at such time in satisfactory condition. Tenant hereby waives Sections 1941 and 1942 of the Civil Code of California or any successor provision of law. Landlord reserves the right from time to time, but subject to payment by and/or reimbursement from Tenant as otherwise provided herein:(i) to install, use, maintain, repair, replace and relocate for service to the Premises and/or other parts of the Project pipes, ducts, conduits, wires, appurtenant fixtures, and mechanical systems, wherever located in the Premises or the Project, (ii) to alter, close or relocate any facility in the Premises or the Common Areas or otherwise conduct any of the above activities for the purpose of complying with a general plan for fire/life safety for the Project or otherwise and (iii) to comply with any federal, state or local law, rule or order with respect thereto or the regulation thereof not currently in effect. Landlord shall enforceattempt to perform any such work with the least inconvenience to Tenant as possible, but in no event shall Tenant be permitted to withhold or cause Agent to enforce, upon reduce Basic Rental or other charges due hereunder as a result of same or otherwise make claim against Landlord for interruption or interference with Tenant’s request, all manufacturer’s or contractor’s warranties, if any, issued in connection with any of the Landlord Work Items. Landlord shall perform, or caused to be performed, the Landlord Work Items in a good and workmanlike manner's business and/or operations.

CONDITIONS OF PREMISES. (1) Landlord presents shall deliver the Premises to Tenant clean and free of debris on the Lease Commencement Date (unless Tenant is already in possession) and Landlord warrants to Tenant that, on to Landlord's actual knowledge that the Phase I Premises Commencement Date, Phase II Premises Commencement Date, and Phase III Premises Commencement Date, respectively, and as applicable, all plumbing, electricallighting, air conditioning, heating, ventilating, air-conditioning, ventilating and mechanical systems, including loading doors in the dock doors permitted to be used Premises other than those portions constructed by Tenant hereunder, located within the Premises, or located outside the Premises but which service the Premises, shall be in good operating condition and repair and in proper working orderon the Lease Commencement Date. In the event that it is determined that this warranty has been violated, then it shall be the obligation of Landlord, after receipt of written notice from Tenant acknowledges thatsetting forth with specificity the nature of the violation, except to promptly, at Landlord's sole cost, rectify such violation. Tenant's failure to give such written notice to Landlord within sixty (60) days after the Commencement Date shall cause the conclusive presumption that Landlord has complied with all of Landlord's obligations hereunder. (2) Except as set forth otherwise provided in this Lease, Tenant hereby accepts the Premises in their condition existing as of the Lease Commencement Date or the date that Tenant takes possession of the Premises, whichever is earlier, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premises, and any covenants, easements or restrictions of record and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Tenant acknowledges that neither Landlord or Agent, nor any representative of Landlord, 's agent has made any representation or warranty as to the condition of the Premises present or the future suitability of the Premises for the conduct of Tenant’s intended use. Neither Landlord nor Agent shall be obligated to make any repairs, replacements or improvements (whether structural or otherwise) of any kind or nature to the Premises in connection with, or in consideration of, this Lease, except (a) as set forth in Sections 13.2 and 18 and (b) with respect to all (if any) repairs and improvements expressly and specifically described in Exhibit B attached hereto (“Landlord Work Items”) and (c) as may be required in order to deliver the Premises to Tenant in the condition required under this paragraph. Landlord shall enforce, or cause Agent to enforce, upon Tenant’s request, all manufacturer’s or contractor’s warranties, if any, issued in connection with any of the Landlord Work Items. Landlord shall perform, or caused to be performed, the Landlord Work Items in a good and workmanlike manner's business.