Common use of Existing Improvements Clause in Contracts

Existing Improvements. If this Lease pertains to a Premises in which the interior improvements have already been constructed ("Existing Improvements"), the provisions of this Paragraph 2. shall apply and the term commencement date ("Term Commencement Date") shall be the earlier of the date on which: (1) Tenant takes possession of some or all of the Premises; or (2) Landlord notifies Tenant that Tenant may occupy the Premises. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the scheduled Term Commencement Date, Landlord shall not be subject to any liability therefor, nor shall Landlord be in default hereunder nor shall such failure affect the validity of this Lease, and Tenant agrees to accept possession of the Premises at such time as Landlord is able to deliver the same, which date shall then be deemed the Term Commencement Date. Tenant shall not be liable for any Rent (defined below) for any period prior to the Term Commencement Date. Tenant acknowledges that Tenant has inspected and accepts the Premises in their present condition, broom clean, "as is," and as suitable for, the Permitted Use (as defined below), and for Tenant's intended operations in the Premises. Tenant agrees that the Premises and other improvements are in good and satisfactory condition as of when possession was taken. Tenant further acknowledges that no representations as to the condition or repair of the Premises nor promises to alter, remodel or improve the Premises have been made by Landlord or any agents of Landlord unless such are expressly set forth in this Lease. Upon Landlord's request, Tenant shall promptly execute and return to Landlord a "Start-Up Letter" in which Tenant shall agree, among other things, to acceptance of the Premises and to the determination of the Term Commencement Date; in accordance with the terms of this Lease, but Tenant's failure or refusal to do so shall not negate Tenant's acceptance of the Premises or affect determination of the Term Commencement Date.

Existing Improvements. If this The parties acknowledge that the Lease pertains to Property is currently being used by Lessor as a motel. Lessee agrees that Lessee shall take possession of the Premises in which its "As Is" condition and subject to all applicable laws, regulations and ordinances, and Lessee acknowledges that Lessor is making no representations or warranties whatsoever, express or implied, including, but without limitation, with respect to the interior condition of the Premises, its compliance with applicable laws, regulations and ordinances, or its suitability for Lessee's intended use or fitness for a particular purpose, the structural integrity of the Improvements, the conformity of the Premises to past, current or future applicable zoning or building code requirements, the existence of soil instability, past soil repairs, soil additions or conditions of soil fill, susceptibility of landslides, sufficiency of undershoring, sufficiency of drainage, whether the property is located wholly or partially in a flood plain or a flood hazard boundary or similar area, the presence of any regulated, hazardous or toxic substance upon the Premises, or any other matters affecting the stability, integrity, suitability, use or occupancy of the land or any buildings or improvements have already been constructed ("Existing Improvements")situated on any part of the Premises. Lessee is not relying upon any representations or warranties of Lessor, or any entity or agent affiliated with Lessor, but Lessee shall rely solely on Lessee's own investigation of all aspects of the Premises, such as soil tests, drainage studies, feasibility studies, or environmental site assessments. Lessor shall not be obligated to make any improvement, alteration or repair whatsoever with respect to the Premises, before, at, or after the Lease Commencement Date, except for any damage caused after the Lease Commencement Date by Lessor's or its agents' or employees' acts or omissions occurring after the Lease Commencement Date. The provisions of this paragraph are material and constitute a material portion of the consideration given Lessor by Lessee in exchange for Lessor's performance hereunder. Lessee acknowledges that the rent and the purchase price agreed upon in Paragraph 24 take into consideration that Lessee has agreed to the provisions of this Paragraph 2paragraph. Lessee shall apply pay and the term commencement date ("Term Commencement Date") shall be the earlier wholly responsible for all expenses to tear down, remove or otherwise dispose of the date any buildings, personal property, furnishings, fixtures or equipment which remain on which: (1) Tenant takes possession of some or all of the Premises; or (2) Landlord notifies Tenant that Tenant may occupy the Premises. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the scheduled Term Commencement Date, Landlord shall not be subject to any liability therefor, nor shall Landlord be in default hereunder nor shall such failure affect the validity of this Lease, and Tenant agrees to accept possession of the Premises at such time as Landlord is able to deliver the same, which date shall then be deemed the Term Commencement Date. Tenant shall not be liable for any Rent (defined below) for any period prior to the Term Commencement Date. Tenant acknowledges that Tenant has inspected and accepts the Premises in their present condition, broom clean, "as is," and as suitable for, the Permitted Use (as defined below), and for Tenant's intended operations in the Premises. Tenant agrees that the Premises and other improvements are in good and satisfactory condition as of when possession was taken. Tenant further acknowledges that no representations as to the condition or repair of the Premises nor promises to alter, remodel or improve the Premises have been made by Landlord or any agents of Landlord unless such are expressly set forth in this Lease. Upon Landlord's request, Tenant shall promptly execute and return to Landlord a "Start-Up Letter" in which Tenant shall agree, among other things, to acceptance of the Premises and to the determination of the Term Commencement Date; in accordance with the terms of this Lease, but Tenant's failure or refusal to do so shall not negate Tenant's acceptance of the Premises or affect determination of the Term Commencement DateLessee takes possession.

Existing Improvements. (a) It is expressly acknowledged and agreed by Tenant that no representations or warranties of any kind have been made by Landlord with respect to the Premises and Landlord shall deliver the Premises in "as is" "where is" condition "with all faults" and without warranties express or implied, and that Landlord shall have no obligation to make any repairs, improvements, changes or modifications to the Premises or any improvements thereon or thereto as a condition of Tenant's occupancy of the same, but nothing herein shall obviate Landlord's obligation to provide the services set out in Section 8. Any alterations or additions to the existing improvements to prepare the Premises for Tenant's initial occupancy, including without limitation, distributing of utilities and HVAC within the Premises, demising partitions, fixtures, etc., shall be at Tenant's sole cost and expense, subject to payment by Landlord of the cash allowance provided below and any funds available therefor in the Capital Reserve maintained under Section 35. Such alterations or additions shall be constructed in a good and workmanlike manner substantially in accordance with all applicable statutes, ordinances and building codes, governmental rules, regulations, and orders including without limitation, the Americans with Disabilities Act. (b) Tenant shall indemnify and defend Landlord against and save Landlord and the Premises, and any portion thereof, harmless from all losses, costs, damages, expenses, liabilities and obligations, including, without limitation, reasonable attorneys' fees resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any mechanic's lien or other lien for labor, services, materials, supplies, machinery fixtures or equipment furnished to the Premises by or on behalf of Tenant. (c) Landlord will pay to Tenant a cash allowance in the amount of $500,000.00, of which (i) $200,000 is designated for construction of an anechoic chamber, and (ii) $300,000 is designated for other changes or improvements made to the Premises by Tenant to prepare the Premises for Tenant's occupancy. If all of the funds designated for either category are not used for such category, such excess funds shall upon completion of such work be available to cover costs in the other category, provided that the total cash allowance shall in no event exceed the total cost to Tenant of all such work. Such cash allowance shall be paid in installments as Tenant's work progresses. During construction of Tenant's work, Tenant shall submit to Landlord not more than once in any calendar month a request for payment and Tenant's sworn statement (with a sworn construction statement and supporting lien waivers from Tenant's contractors) in form acceptable to Landlord which identifies those of Tenant's designers, contractors, subcontractors, workers and suppliers who are entitled to payment for work performed and materials and equipment supplied by them on the Premises to the date of Tenant's application. The amount of each installment of the cash allowance paid by Landlord shall be limited to the value of the labor, materials and equipment supplied by Tenant's agents to the date of such sworn statement, less the aggregate amount of all prior payments of such cash allowance. In no event, however, shall the total of all installments exceed the cash allowance. If an event of default is not continuing under this Lease pertains and to the extent Tenant has timely submitted the proper documentation to support a Premises in which the interior improvements have already been constructed ("Existing Improvements")given installment, the provisions of this Paragraph 2. Landlord shall apply and the term commencement date ("Term Commencement Date") shall be pay such installment upon the earlier of 30 days of submittal of such documentation or the date on which: (1) Tenant takes possession of some or all payment therefor is disbursed by the holder of the Premises; mortgage on the Premises or (2) Landlord notifies Tenant that Tenant may occupy the Premisesits title insurer. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the scheduled Term Commencement Datereasonably determines that additional documentation is necessary, Landlord shall promptly notify Tenant of the discrepancy or omission in such documentation and may withhold payment of such portion as shall not be subject adequately supported until the discrepancy or omission is corrected to any liability thereforthe reasonable satisfaction of Landlord. (d) In addition to the cash allowance payable under (c), nor shall Landlord on the Commencement Date will deposit the sum of $100,000 in an interest-bearing escrow account, which sum (including accrued interest) will be in default hereunder nor shall such failure affect used to replace the validity of this Lease, and Tenant agrees to accept possession of EMS system for the Premises at such time as Landlord is able to deliver the same, which date shall then be deemed the Term Commencement Date. and Tenant shall not be liable for any Rent (defined below) for any period prior to the Term Commencement Date. Tenant acknowledges that Tenant has inspected and accepts the Premises in their present condition, broom clean, "as is," and as suitable for, the Permitted Use (as defined below), and for Tenant's intended operations in the Premises. Tenant agrees that the Premises and other improvements are in good and satisfactory condition as of when possession was taken. Tenant further acknowledges that no representations as to the condition or repair of the Premises nor promises to alter, remodel or improve the Premises have been made by Landlord or any agents of Landlord unless such are expressly set forth in this Lease. Upon Landlord's request, Tenant shall promptly execute and return to Landlord a "Start-Up Letter" in which Tenant shall agree, among other things, to acceptance of the Premises and to the determination of the Term Commencement Date; in accordance with the terms of this Leasemay reasonably determine, but Tenant's failure in any event when the existing system becomes impractical to operate or refusal to do so shall not negate Tenant's acceptance of the Premises or affect determination of the Term Commencement Daterepair.

Existing Improvements. If this Lease pertains A subsidiary of Tenant is currently in possession of the Premises pursuant to a Premises in which the interior improvements have already been constructed terms and conditions of that certain sublease dated February 3, 1999 by and between Corsair Communications, Inc., as sublandlord and Wireless Billing Systems as subtenant ("Existing Improvements"the “Sublease”). The subtenant shall be bound by the terms and conditions of the Sublease through April 30, the provisions of this Paragraph 22001. shall apply and the The term commencement date ("“Term Commencement Date"”) of this Lease shall be the earlier of the date on which: (May 1) Tenant takes possession of some or all of the Premises; or (2) Landlord notifies Tenant that Tenant may occupy the Premises. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the scheduled Term Commencement Date, Landlord shall not be subject to any liability therefor, nor shall Landlord be in default hereunder nor shall such failure affect the validity of this Lease, and Tenant agrees to accept possession of the Premises at such time as Landlord is able to deliver the same, which date shall then be deemed the Term Commencement Date. Tenant shall not be liable for any Rent (defined below) for any period prior to the Term Commencement Date2001. Tenant acknowledges that Tenant has inspected and accepts the Premises in their present condition, broom clean, "“as is," ” and as suitable for, the Permitted Use (as defined below), and for Tenant's ’s intended operations in the PremisesPremises subject to Tenant’s right to make the Tenant Improvements as further outlined in Exhibit C. Tenant may, subject to the terms set forth in Exhibit C, commence construction of the Tenant Improvements at any time after the date of this Lease; however, in no event must be completed no later than December 31, 2001. Tenant agrees that the Premises and other improvements are in good and satisfactory condition as of when possession was taken. Tenant further acknowledges that no representations as to the condition or repair of the Premises nor promises to alter, remodel or improve the Premises have been made by Landlord or any agents of Landlord unless such are expressly set forth in this Lease. Upon Landlord's ’s request, Tenant shall promptly execute and return to Landlord a "“Start-Up Letter" ” in which Tenant shall agree, among other things, to acceptance of the Premises and to the determination of the Term Commencement Date; , in accordance with the terms of this Lease, but Tenant's ’s failure or refusal to do so shall not negate Tenant's ’s acceptance of the Premises or affect determination of the Term Commencement Date.

Existing Improvements. If this Lease pertains to a Premises in which the interior improvements have already been constructed ("“Existing Improvements"”), the provisions of this Paragraph 2. 2.A. shall apply and the term commencement date ("“Term Commencement Date"”) shall be the earlier of the date on which: which (1) Tenant takes [ILLEGIBLE] possession of some or all of the Premises; or (2) Landlord notifies Tenant that Tenant may occupy the Premises. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the scheduled Term Commencement Date, Landlord shall not be subject to any liability therefor, nor shall Landlord be in default hereunder nor shall such failure affect the validity of this Lease, and Tenant agrees to accept possession of the Premises at such time [ILLEGIBLE] as Landlord is able to deliver the same, which date shall then be deemed the Term Commencement Date. Tenant shall not be liable for any Rent (defined below) for any period prior to the Term Commencement Date. Tenant acknowledges that Tenant has inspected and accepts the Premises in their present condition, broom clean, "“as is," in” and as suitable for, the Permitted Use (as defined below), and for Tenant's ’s intended operations in the Premises. , Tenant agrees that the Premises and other improvements are in good and satisfactory condition as of when possession was taken. Tenant further acknowledges that no representations as to the condition or repair of the Premises nor promises to alter, remodel alter [ILLEGIBLE] or improve the Premises have been made by Landlord or any agents of Landlord unless such are expressly set forth in this Lease. Upon Landlord's ’s request, Tenant shall promptly execute and return to Landlord a "Start-“Start Up Letter" ” in which Tenant shall agree, agree among other things, to acceptance of the Premises and to the determination of the Term Commencement Date; , in accordance with the terms of this Lease, but Tenant's ’s failure or refusal to do so shall not negate Tenant's ’s acceptance of the Premises or affect determination of the Term Commencement Date.

Existing Improvements. If this Lease pertains to a Premises in which the interior improvements have already been constructed ("Existing ImprovementsEXISTING IMPROVEMENTS"), the provisions of this Paragraph 2. 2.A. shall apply and the term commencement date ("Term Commencement DateTERM COMMENCEMENT DATE") shall be the earlier of the date on which: (1) Tenant takes possession of some or all of the Premises; or (2) Landlord notifies Tenant that Tenant may occupy the Premises. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the scheduled Term Commencement Date, Landlord shall not be subject to any liability therefor, nor shall Landlord be in default hereunder nor shall such failure affect the validity of this Lease, and Tenant agrees to accept possession of the Premises at such time as Landlord is able to deliver the same, which date shall then be deemed the Term Commencement Date. Tenant shall not be liable for any Rent (defined below) for any period prior to the Term Commencement Date. Tenant acknowledges that Tenant has inspected and accepts the Premises in their present condition, broom clean, "as is," and as suitable for, the Permitted Use (as defined below), and for Tenant's intended operations in the Premises. Tenant agrees that the Premises and other improvements are in good and satisfactory condition as of when possession was taken. Tenant further acknowledges that no representations as to the condition or repair of the Premises nor promises to alter, remodel or improve the Premises have been made by Landlord or any agents of Landlord unless such are expressly set forth in this Lease. Upon Landlord's request, Tenant shall promptly execute and return to Landlord a "Start-Up Letter" in which Tenant shall agree, among other things, to acceptance of the Premises and to the determination of the Term Commencement Date; , in accordance with the terms of this Lease, but Tenant's failure or refusal to do so shall not negate Tenant's acceptance of the Premises or affect determination of the Term Commencement Date.

Existing Improvements. If this Lease pertains to a Premises in which the interior improvements have already been constructed ("Existing Improvements"), the provisions of this Paragraph 2. 2.A. shall apply and the term commencement date ("Term Commencement Date") shall be the earlier of the date on which: (1) Tenant takes possession of some or all of the Premises; or (2) Landlord notifies Tenant that Tenant may occupy the Premises. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the scheduled Term Commencement Date, Landlord shall not be subject to any liability therefor, nor shall Landlord be in default hereunder nor shall such failure affect the validity of this Lease, and Tenant agrees to accept possession of the Premises at such time as Landlord is able to deliver the same, which date shall then be deemed the Term Commencement Date. Tenant shall not be liable for any Rent (defined below) for any period prior to the Term Commencement Date. Tenant acknowledges that Tenant has inspected and accepts the Premises in their present condition, broom clean, "as is," and as suitable for, the Permitted Use (as defined below), and for Tenant's intended operations in the Premises. Tenant agrees that the Premises and other improvements are in good and satisfactory condition as of when possession was taken. Tenant further acknowledges that no representations as to the condition or repair of the Premises nor promises to alter, remodel or improve the Premises have been made by Landlord or any agents of Landlord unless such are expressly set forth in this Lease. Upon Landlord's request, Tenant shall promptly execute and return to Landlord a "Start-Start Up Letter" in which Tenant shall agree, among other things, to acceptance of the Premises and to the determination of the Term Commencement Date; , in accordance with the terms of this Lease, but Tenant's failure or refusal to do so shall not negate Tenant's acceptance of the Premises or affect determination of the Term Commencement Date.

Existing Improvements. If this Lease pertains to a Premises in which the interior improvements have already been constructed ("Existing Improvements")Contractor is responsible for locating, the provisions of this Paragraph 2. shall apply identifying, marking and the term commencement date ("Term Commencement Date") shall be the earlier of the date on whichprotecting all existing pipelines, utilities and other improvements: (1i) Tenant takes possession located at or near the Site; (ii) located on adjacent property of some or all of the Premisesa third party; or (2iii) Landlord notifies Tenant that Tenant may occupy the Premises. If for which any reason Landlord cannot deliver possession parts of the Premises Work will cross or affect (collectively, the “Existing Improvements”). 1. Contractor is responsible for notifying One-Call, or its equivalent under Applicable Law for each state in which any Work is to Tenant on be performed, and notifying all owners of the scheduled Term Commencement DateExisting Improvements before excavating or performing any Work in the area of any Existing Improvements. Contractor shall only cross Existing Improvements, Landlord shall not be subject to or perform any liability therefor, nor shall Landlord be in default hereunder nor shall such failure Work that could affect the validity of this LeaseExisting Improvements, and Tenant agrees to accept possession of the Premises at such time as Landlord is able to deliver the same, which date shall then be deemed the Term Commencement Date. Tenant shall not be liable for any Rent (defined below) for any period prior to the Term Commencement Date. Tenant acknowledges that Tenant has inspected and accepts the Premises in their present condition, broom clean, "as is," and as suitable for, the Permitted Use (as defined below), and for Tenant's intended operations in the Premises. Tenant agrees that the Premises and other improvements are in good and satisfactory condition as of when possession was taken. Tenant further acknowledges that no representations as to the condition or repair of the Premises nor promises to alter, remodel or improve the Premises have been made by Landlord or any agents of Landlord unless such are expressly set forth in this Lease. Upon Landlord's request, Tenant shall promptly execute and return to Landlord a "Start-Up Letter" in which Tenant shall agree, among other things, to acceptance of the Premises and to the determination of the Term Commencement Date; in accordance with the terms conditions, requirements and precautions of the owner of the Existing Improvements and the Owner. 2. It shall not be sufficient for Contractor or its Subcontractor only to notify One-Call, or its equivalent under Applicable Law, and rely upon information regarding Existing Improvements provided by the Owner or third persons; rather, Contractor shall independently use available technology and instruments to locate and flag Existing Improvements, in addition to making One-Call, or its equivalent under Applicable Law, notifications. 3. Contractor shall physically verify the identification, location, and marking of Existing Improvements by performing all necessary tests, including probing, hand digging or vacuum unit testing. The Contractor’s health and safety inspector shall verify Contractor’s identification, location and marking of Existing Improvements before any Work may be performed that may affect such Existing Improvements. Owner may, but shall not have the obligation to, oversee and inspect any such identification, location and marking of Existing Improvements. 4. Notwithstanding anything to the contrary herein, Contractor shall be solely responsible for all damage to Existing Improvements (whether belonging to Owner or to third parties) and shall repair any damage to the Existing Improvements, including those that are the property of a third party, resulting from: (i) Contractor’s failure to comply with the requirements of this LeaseSection 2.5D; (ii) Contractor’s failure to exercise reasonable care in performing the Work; or (iii) Contractor’s failure to accurately and properly locate, but Tenant's failure or refusal to do so shall not negate Tenant's acceptance of the Premises or affect determination of the Term Commencement Dateidentify, ▇▇▇▇ and protect any Existing Improvements.