Common use of Subleased Premises Clause in Contracts

Subleased Premises. Sublessor hereby subleases to Sublessee, and Sublessee hereby subleases from Sublessor, the Subleased Premises subject to the terms and conditions of this Sublease. Sublessor shall deliver the Subleased Premises to Sublessee in such “AS IS, WHERE IS” condition as exists on the date delivered to Sublessee, broom clean, with the base Building electric, HVAC and plumbing systems serving the Subleased Premises in good working order and repair. Following execution of this Sublease, Sublessor shall demise the Subleased Premises from the balance of the Premises to the extent required by applicable building codes (“Sublessor’s Work”). Upon taking occupancy of the Subleased Premises, Sublessee shall conclusively be deemed to have accepted the Subleased Premises in the condition delivered and to have acknowledged that the same are in good condition and satisfactory to Sublessee in all respects and Sublessor has no obligation to make any improvements to such portion of the Subleased Premises. Sublessee’s failure to notify Sublessor of any problems with the working order and repair of the base Building systems serving the Subleased Premises within thirty (30) days from delivery shall be deemed to be Sublessee’s agreement that Sublessor has satisfied its delivery requirement. Sublessee acknowledges that Sublessor has made no representations or warranties concerning the Subleased Premises or the Building or their fitness for Sublessee’s purposes. The Subleased Premises are leased with the benefit of the non-exclusive right to use in common with others at any time entitled thereto the areas shown on Exhibit B (the “Common Areas”) solely for purposes of access to and egress from the Subleased Premises. Sublessee shall comply with all rules and regulations of Sublessor concerning the use of the Common Areas. Sublessor shall have the right from time to time to change the Common Areas provided Sublessor provides substantially similar access and egress.

Subleased Premises. Sublessor Sublandlord hereby subleases leases to SublesseeSubtenant, and Sublessee Subtenant hereby subleases leases from SublessorSublandlord, the Subleased Premises, together with the right to use the Common Area (including, but not limited to, Tenant’s Allocated Parking Stalls within the Project), the Parking Area and the Exterior Area) provided by Master Landlord to Sublandlord pursuant to the terms of the Master Lease. The Subleased Premises shall include all tenant improvements, alterations, conduits and equipment installed therein by Sublandlord. In addition, Sublandlord hereby assigns to Subtenant for the duration of the Term (as hereinafter defined) of this Sublease, all rights that Sublandlord has pursuant to the Master Lease in connection with the occupancy, use or enjoyment of the Subleased Premises and agrees that (subject to Sublandlord’s rights pursuant to the MSA and the Conduits Agreement (each term as defined below)) such rights shall be exercisable exclusively by Subtenant while the Sublease is in effect. Such rights shall include, but not be limited to, the following: all rights Sublandlord has pursuant to Section 2.1 [Demise of Premises] of the Master Lease; all signage rights Sublandlord has pursuant to Section 4.3 [Signs] of the Master Lease, all parking rights that Sublandlord has pursuant to Section 4.4 [Parking] of the Master Lease, all rights Sublandlord has pursuant to Section 14.1(D) of the Master Lease (i.e., to permit Customers to enter upon and occupy the Premises for purposes of installing, repairing, replacing, operating and maintaining their customer equipment); all rights Sublandlord has pursuant to the following provisions of the Lease Rider to the Master Lease: Paragraph 3 [Roof Rights]; Paragraph 4 [Exterior Area]; Paragraph 5 [Fiber and Electrical Conduit Rights of Way]; Paragraph 6 [Emergency Generators and Fuel Storage Tanks]; Paragraph 7 [HVAC]; Paragraph 8 [Life Safety Systems]; Paragraph 10 [Leasehold Mortgage]; Paragraph 11 [Telephone Service]; and Paragraph 17 [Sprinkler]. Sublandlord warrants that (a) subject to obtaining the consent of Master Landlord as provided in Section 5, Sublandlord has the full power, authority and legal right to sublease the Subleased Premises to Subtenant, (b) Subtenant will have the right quietly to enjoy the Subleased Premises subject to (i) the Master Lease, (ii) the terms and conditions of this Sublease. Sublessor shall deliver the Subleased Premises to Sublessee in such “AS IS, WHERE IS” condition as exists on the date delivered to Sublessee, broom clean, with the base Building electric, HVAC and plumbing systems serving the Subleased Premises in good working order and repair. Following execution of this Sublease, Sublessor shall demise and (iii) any other interest to which the Master Lease is subject according to its terms, and (c) the Subleased Premises from the balance of the Premises to the extent required by applicable building codes (“Sublessor’s Work”). Upon taking occupancy of the Subleased Premises, Sublessee shall conclusively will be deemed to have accepted the Subleased Premises in the same condition delivered on the Commencement Date (as defined herein) as on the date hereof, normal wear and to have acknowledged that the same are in good condition and satisfactory to Sublessee in all respects and Sublessor has no obligation to make any improvements to such portion of the Subleased Premises. Sublessee’s failure to notify Sublessor of any problems with the working order and repair of the base Building systems serving the Subleased Premises within thirty (30) days from delivery shall be deemed to be Sublessee’s agreement that Sublessor has satisfied its delivery requirement. Sublessee acknowledges that Sublessor has made no representations or warranties concerning the Subleased Premises or the Building or their fitness for Sublessee’s purposes. The Subleased Premises are leased with the benefit of the non-exclusive right to use in common with others at any time entitled thereto the areas shown on Exhibit B (the “Common Areas”) solely for purposes of access to and egress from the Subleased Premises. Sublessee shall comply with all rules and regulations of Sublessor concerning the use of the Common Areas. Sublessor shall have the right from time to time to change the Common Areas provided Sublessor provides substantially similar access and egresstear excepted.

Subleased Premises. Sublessor hereby subleases to Sublesseea. Effective January 16, and Sublessee hereby subleases 2006, there shall be removed from Sublessorthe Subleased Premises approximately 33,127 rentable square feet of space, consisting of 28,854 rentable square feet described as Area ▇▇. ▇▇ ▇▇▇ ▇▇▇▇ ▇▇. ▇▇ in the Sublease, comprising the entire second floor of the Building, together with approximately 4,273 rentable square feet on the first floor of the Building located in Area 1A, the first floor space being depicted on Exhibit A hereto (collectively, the "DELETED SPACE"). After removal of the Deleted Space, the Subleased Premises shall be deemed to consist of 76,984 rentable square feet. The Deleted Space shall be delivered by Subtenant to Sublandlord no later than January 16, 2006, in a broom-clean, but otherwise "AS-IS," condition. Subtenant shall remove all furniture, office equipment and any other personal property, including all security cameras (subject to obtaining Master Landlord's consent to such removal), currently located within the terms Deleted Space. Sublandlord shall have the right to use, in common with others entitled thereto, Common Areas in the Building associated with or convenient for use of the Deleted Space. b. Within the second floor space of the Deleted Space, Subtenant shall be permitted to place its wiring and conditions of this Subleasecabling within those electrical closets, wiring closets and cabling rooms depicted on Exhibit B hereto in locations and quantities as reasonably determined by Sublandlord. Sublessor Further, Sublandlord shall deliver permit Subtenant access to the said closets/rooms to maintain, repair and inspect its wiring and cabling at reasonable times as requested by Subtenant upon reasonable notice to Sublandlord. c. Sublandlord reserves the right to use cooperatively with Subtenant on a non-exclusive basis the Building loading dock for both shipping and receiving, as well as reasonable access through the Subleased Premises (the location to Sublessee be reasonably determined by Subtenant) sufficient to transport office and construction equipment between the loading dock and the Building elevators. d. Sublandlord reserves (i) the right of access in such “AS IS, WHERE IS” condition as exists on all stairways and elevators between those portions of the date delivered to Sublessee, broom clean, with the base Building electric, HVAC and plumbing systems serving not within the Subleased Premises in good working order and repair. Following execution of this Subleasethe Building rooftop, Sublessor shall demise (ii) the Subleased Premises from right to install and maintain additional mechanical equipment on the balance Building rooftop reasonably necessary to serve those portions of the Premises to the extent required by applicable building codes (“Sublessor’s Work”). Upon taking occupancy of Building not within the Subleased Premises, Sublessee shall conclusively be deemed to have accepted (iii) the Subleased Premises in the condition delivered and to have acknowledged that the same are in good condition and satisfactory to Sublessee in all respects and Sublessor has no obligation to make any improvements to such portion of the Subleased Premises. Sublessee’s failure to notify Sublessor of any problems with the working order and repair of the base Building systems serving the Subleased Premises within thirty (30) days from delivery shall be deemed to be Sublessee’s agreement that Sublessor has satisfied its delivery requirement. Sublessee acknowledges that Sublessor has made no representations or warranties concerning the Subleased Premises or the Building or their fitness for Sublessee’s purposes. The Subleased Premises are leased with the benefit of the non-exclusive right to use in common existing mechanical and electrical risers, shafts, sleeves and penetrations between Sublandlord's spaces within the Building and the Building rooftop, which right shall be shared with others at any time entitled thereto the areas shown on Exhibit B (the “Common Areas”) solely for purposes of access to and egress from the Subleased Premises. Sublessee shall comply with all rules and regulations of Sublessor concerning the use Subtenant. e. Section 1 of the Common Areas. Sublessor shall have the right from time Sublease is hereby amended to time to change the Common Areas provided Sublessor provides substantially similar access and egressreflect these changes contained in (a) - (c) above herein.

Subleased Premises. Sublessor Sublandlord does hereby subleases sublease to SublesseeSubtenant, and Sublessee Subtenant does hereby subleases sublease from SublessorSublandlord, for the term and upon the conditions hereinafter provided, the Subleased Premises Premises, consisting of the approximate Rentable Area provided in the preamble to this Sublease, the number of which the parties agree shall be deemed the actual square footage, subject to the terms and conditions of this Sublease. Sublessor shall deliver Subtenant’s right, but not obligation, to have the Subleased Premises to Sublessee in such “AS ISre-measured at its sole cost and expense, WHERE IS” condition as exists on the date delivered to Sublessee, broom clean, with the base Building electric, HVAC and plumbing systems serving provided that Subtenant shall not re-measure the Subleased Premises after the thirtieth (30th) day following the Sublease Commencement Date applicable to the Phase II Subleased Premises. If Subtenant should elect to re-measure the Subleased Premises prior to the thirtieth (30th) day following the Sublease Commencement Date applicable to the Phase II Subleased Premises, and should Subtenant’s qualified professionals determine in good working order writing that the Subleased Premises measure more or less than the approximation, an appropriate increase or decrease shall be made to those charges which are based upon square footage measurements (including but not limited to Sublease Base Rent, the Sublease Base Rent Credit, and repairthe Security Deposit Amount), the revised square footage shall be confirmed in an amendment to this Sublease signed by both parties, and the determination of Rentable Area shall be conclusive. Following execution “Rentable Area” means the (i) entire area included within the Subleased Premises, being the area bounded by the interior surface of this Subleaseany exterior wall, Sublessor shall demise the interior of all walls separating the Subleased Premises from any public corridors or other public areas on such floor, and the balance centerline of all walls separating such Subleased Premises from other adjoining areas leased to Sublandlord or other subtenants on the floor, plus (ii) a proportionate amount of the Premises square footage of the Common Areas (defined in Section 3(b)) existing as of the Sublease Commencement Date applicable to the extent required by applicable building codes (“Sublessor’s Work”). Upon taking occupancy of the Phase II Subleased Premises, Sublessee shall conclusively be deemed including but not limited to have accepted common area corridors on the Subleased Premises in the condition delivered second floor, first floor, and to have acknowledged that the same are in good condition and satisfactory to Sublessee in all respects and Sublessor has no obligation to make any improvements to such portion lower level of the Subleased Premises. Sublessee’s failure to notify Sublessor of any problems with the working order and repair of the base Building systems serving the Subleased Premises within thirty (30) days from delivery shall be deemed to be Sublessee’s agreement that Sublessor has satisfied its delivery requirement. Sublessee acknowledges that Sublessor has made no representations or warranties concerning the Subleased Premises or the Building or their fitness for Sublessee’s purposes. The Subleased Premises are leased with the benefit of the non-exclusive right to use in common with others at any time entitled thereto the areas shown on Exhibit B (the “Common Areas”) solely for purposes of access to and egress from the Subleased Premises. Sublessee shall comply with all rules and regulations of Sublessor concerning the use of the Common Areas. Sublessor shall have the right from time to time to change the Common Areas provided Sublessor provides substantially similar access and egressBuilding.

Subleased Premises. Sublessor hereby subleases (1) The Subtenant shall use the Subleased Premises solely for general office purposes. Sublandlord represents that the Subleased Premises may be used for such purposes without contravening any zoning or other applicable laws, by-laws and regulations. The Subtenant acknowledges that it has inspected the Subleased Premises prior to Sublesseetaking possession of them, and Sublessee hereby subleases from Sublessorthat the Subleased Premises are being accepted in an “as is” condition, that the taking of possession of the Subleased Premises is conclusive evidence as against the Subtenant that, at the time of possession, the Subleased Premises subject were acceptable and that that there is no promise, representation or undertaking by or binding upon the Sublandlord with respect to the terms and conditions any alteration, remodelling or decoration of this Sublease. Sublessor shall deliver the Subleased Premises to Sublessee in such “AS IS, WHERE IS” condition as exists on the date delivered to Sublessee, broom clean, with the base Building electric, HVAC and plumbing systems serving the Subleased Premises in good working order and repair. Following execution of this Sublease, Sublessor shall demise the Subleased Premises from the balance of the Premises to the extent required by applicable building codes (“Sublessor’s Work”). Upon taking occupancy of the Subleased Premises, Sublessee shall conclusively be deemed to have accepted the Subleased Premises in the condition delivered and to have acknowledged that the same are in good condition and satisfactory to Sublessee in all respects and Sublessor has no obligation to make any improvements to such portion of the Subleased Premises. Sublessee’s failure to notify Sublessor of any problems with the working order and repair of the base Building systems serving the Subleased Premises within thirty (30) days from delivery shall be deemed to be Sublessee’s agreement that Sublessor has satisfied its delivery requirement. Sublessee acknowledges that Sublessor has made no representations or warranties concerning the Subleased Premises or the Building installation of equipment, fixtures or their fitness leasehold improvements in the Subleased Premises, save and except for Sublesseethe following work to be done by the Sublandlord at its sole cost: • All damaged/discolored/inconsistent ceiling tiles to be replaced to match building standard; and • A general cleanup of the Premises; and • Installation of four (4) office grade doors and doorframes as shown on Schedule “A”, more specifically described as follows: Ø Door, doorframe, and drywall installed to the ceiling (or other secure material agreed to by both parties) above doorframe to be installed between conference rooms will be badge in to Subleased Premises from common area and push bar to exit from Subleased Premises Ø Door, doorframe, and drywall installed to the ceiling (or other secure material agreed to by both parties) above doorframe to be installed beside server room and Subleased Premises will be badge in to Subleased Premises and push bar to exit from Subleased Premises Ø Door, doorframe, and drywall installed to the ceiling (or other secure material agreed to by both parties) above doorframe to be installed between lunchroom and Subleased Premises will be badge in from cafeteria in to Subleased Premises and push bar to exit from Subleased Premises Ø Door, doorframe, and drywall installed to the ceiling (or other secure material agreed to by both parties) above doorframe to be installed adjacent to cafeteria separating Subtenant and Sublandlord will remain locked at all times, but will open in case of fire alarm; and • Providing access card(s) and programming access system to allow Subtenant access to the shared server room. The work listed above will be completed by the Sublandlord at least 45 days prior to the Commencement Date and available for inspection by the Subtenant. (2) The Subtenant shall be entitled to the same parking privileges on the same terms as are provided to the Sublandlord, as Tenant, under the Head Lease. (3) The final Basic and Additional Rent shall be subject to adjustment based on the actual Rentable Area of the Subleased Premises as determined from time to time by the Sublandlord and/or the Head Landlord’s purposesarchitect in accordance with BOMA standard (ANSI/BOMA Z65.1-1996). The Subleased Premises are leased with as shown in Schedule “A” attached hereto and forming part of this agreement. The Subtenant will have exclusive use to the benefit of area highlighted in blue; the non-exclusive right Subtenant will have shared access to use the common areas highlighted in common with others at any time entitled thereto yellow, more specifically the areas shown on Exhibit B Entrance/Lobby, Washrooms, Cafeteria/Lunchroom, and Server Room measuring approximately 2200 square feet (collectively the “Common Areas”) solely for purposes of ); the Subtenant will not have access to the remainder (non-shaded) of the Premises which will be occupied by the Sublandlord. (4) The Subtenant may make any necessary interior alterations and egress install any new leasehold improvements in the Subleased Premises at its own expense, subject to (i) both the Sublandlord’s and Head Landlord’s prior written approvals (not to be unreasonably withheld) of the Subtenant’s plans and specifications, (ii) compliance with the terms of the Head Lease, and (iii) compliance with all applicable municipal and governmental regulations. The Subtenant shall use the Landlord’s contractors for the Subtenant’s work or receive specific approval of the Subtenant’s contractors from the Landlord, such approval not to be unreasonably withheld, prior to any work being conducted within the Subleased Premises. Sublessee shall comply with all rules The Subtenant may remove its trade fixtures and regulations of Sublessor concerning chattels at the use end of the Common AreasTerm, if it is not in default under this Sublease and subject to compliance with the terms of the Head Lease. Sublessor If required by the Head Landlord under the Head Lease, the Subtenant shall have demolish or remove at the right from time end of the Term any alterations or improvements made to time to change the Common Areas provided Sublessor provides substantially similar access and egressSubleased Premises by the Subtenant.

Subleased Premises. Sublessor hereby subleases a. Effective as of the later of January 1, 2020 or the date the Sublandlord completes the Second Floor Expansion Work (as defined below) (the “Second Floor Expansion Date”), the area shown on Exhibit A attached to Sublesseethis Amendment, consisting of the entire second (2nd) floor of the Premises (the “Second Floor Expansion Subleased Premises”), shall be added to and Sublessee hereby subleases from Sublessor, deemed part of the Subleased Premises subject under the Sublease. Tenant acknowledges that effective as of the Second Floor Expansion Date, Tenant is leasing the entire Premises leased by Sublandlord from Prime Landlord under the Prime Lease, with a total square footage of 85,681, and the Second Floor Expansion Subleased Premises will be deemed to the include 22,546 square feet for purposes of calculation of Rent. Except as otherwise provided by this Amendment, all terms and conditions of the Sublease applicable to the Second Floor Subleased Premises, other than Sections 5.3, 5.4, 5.5, and 7.5, shall apply to the Second Floor Expansion Subleased Premises on the Second Floor Expansion Date. b. Notwithstanding the foregoing to the contrary, Subtenant shall have the right to access the Second Floor Expansion Subleased Premises early commencing on the date that Prime Landlord consents to the terms of this Sublease. Sublessor Amendment by execution and delivery to Sublandlord of the Consent of Prime Landlord provided that: (a) other than with respect to the payment of Second Floor Second Floor Expansion Rent (as defined below), Subtenant shall deliver comply and abide by all terms, obligations, and liabilities under the Sublease applicable to the Subleased Premises with respect to Sublessee the Second Floor Expansion Subleased Premises commencing upon such occupancy; (b) Subtenant shall deliver certificates of insurance reasonably satisfactory to Sublandlord evidencing that the Second Floor Expansion Subleased Premises is insured pursuant to the requirements of the Sublease applicable to the Subleased Premises; (c) the sole purpose for such occupancy shall be to install Tenant’s furniture, fixtures and equipment and store Subtenant’s inventory in such the Second Floor Expansion Subleased Premises; (d) Subtenant shall provide Sublandlord with two (2) business days’ prior written notice which shall identify the times at which Subtenant shall enter the Second Floor Expansion Subleased Premises; (e) Sublandlord shall have the right to have its representative(s) escort and supervise Subtenant’s entry into the Second Floor Expansion Subleased Premises at all times; (f) Neither Prime Landlord nor Sublandlord shall have any liability whatsoever with respect to Subtenant’s rights under this Section 2(b) it being understood and agreed that Subtenant shall indemnify, defend, and hold harmless Prime Landlord and Sublandlord and their respective employees, agents, contractors, officers, directors, members, and principals from and against any loss, damage, claim or liability incurred or asserted in connection with the exercise of Subtenant’s rights under this Section 2(b); and (g) Subtenant shall ensure that the placement of Inventory in the Second Floor Expansion Subleased Premises does not exceed the maximum floor load capacity for the Expansion Subleased Premises. c. Except for the Second Floor Expansion Work (as defined below), Sublandlord shall deliver, and Subtenant shall accept the Second Floor Expansion Subleased Premises and Second Floor Expansion FF&E (as defined below) when delivered to Subtenant in its “AS AS-IS, WHERE IS” condition as exists and “WITH ALL FAULTS” existing on the date delivered to SublesseeSecond Floor Expansion Date. Subtenant acknowledges that, broom clean, with the base Building electric, HVAC and plumbing systems serving the Subleased Premises except as set forth in good working order and repair. Following execution Section 4 of this SubleaseAmendment, Sublessor shall demise the Subleased Premises from the balance neither Sublandlord, Prime Landlord nor any agent of the Premises Sublandlord or Prime Landlord has made any representation or warranty with respect to the extent required by applicable building codes (“Sublessor’s Work”). Upon taking occupancy of the Subleased Premises, Sublessee shall conclusively be deemed to have accepted the Subleased Premises in the condition delivered and to have acknowledged that the same are in good condition and satisfactory to Sublessee in all respects and Sublessor has no obligation to make any improvements to such portion of the Subleased Premises. Sublessee’s failure to notify Sublessor of any problems with the working order and repair of the base Building systems serving the Subleased Premises within thirty (30) days from delivery shall be deemed to be Sublessee’s agreement that Sublessor has satisfied its delivery requirement. Sublessee acknowledges that Sublessor has made no representations or warranties concerning the Second Floor Expansion Subleased Premises or Second Floor Expansion FF&E, or with respect to the Building suitability of any part of the same for the conduct of Subtenant’s business. d. Notwithstanding anything herein to the contrary, Sublandlord shall not be responsible for any tenant improvement allowance or their fitness for Sublessee’s purposes. The other modifications to the Second Floor Expansion Subleased Premises are leased with other than the benefit Second Floor Expansion Work. For the purpose of clarity, the terms of Sections 5.3 and 5.4 of the non-exclusive right Sublease shall not apply to use in common with others at any time entitled thereto the areas shown on Exhibit B (the “Common Areas”) solely for purposes of access to and egress from the Second Floor Expansion Subleased Premises. Sublessee shall comply with all rules and regulations of Sublessor concerning the use of the Common Areas. Sublessor shall have the right from time to time to change the Common Areas provided Sublessor provides substantially similar access and egress.

Subleased Premises. Sublessor hereby subleases to Sublesseea. Effective January 16, and Sublessee hereby subleases 2006, there shall be removed from Sublessorthe Subleased Premises approximately 33,127 rentable square feet of space, consisting of 28,854 rentable square feet described as Area ▇▇. ▇▇ ▇▇▇ ▇▇▇▇ ▇▇. ▇▇ in the Sublease, comprising the entire second floor of the Building, together with approximately 4,273 rentable square feet on the first floor of the Building located in Area 1A, the first floor space being depicted on Exhibit A hereto (collectively, the “Deleted Space”). After removal of the Deleted Space, the Subleased Premises shall be deemed to consist of 76,984 rentable square feet. The Deleted Space shall be delivered by Subtenant to Sublandlord no later than January 16, 2006, in a broom-clean, but otherwise “AS-IS,” condition. Subtenant shall remove all furniture, office equipment and any other personal property, including all security cameras (subject to obtaining Master Landlord’s consent to such removal), currently located within the terms Deleted Space. Sublandlord shall have the right to use, in common with others entitled thereto, Common Areas in the Building associated with or convenient for use of the Deleted Space. b. Within the second floor space of the Deleted Space, Subtenant shall be permitted to place its wiring and conditions of this Subleasecabling within those electrical closets, wiring closets and cabling rooms depicted on Exhibit B hereto in locations and quantities as reasonably determined by Sublandlord. Sublessor Further, Sublandlord shall deliver permit Subtenant access to the said closets/rooms to maintain, repair and inspect its wiring and cabling at reasonable times as requested by Subtenant upon reasonable notice to Sublandlord. c. Sublandlord reserves the right to use cooperatively with Subtenant on a non-exclusive basis the Building loading dock for both shipping and receiving, as well as reasonable access through the Subleased Premises (the location to Sublessee be reasonably determined by Subtenant) sufficient to transport office and construction equipment between the loading dock and the Building elevators. d. Sublandlord reserves (i) the right of access in such “AS IS, WHERE IS” condition as exists on all stairways and elevators between those portions of the date delivered to Sublessee, broom clean, with the base Building electric, HVAC and plumbing systems serving not within the Subleased Premises in good working order and repair. Following execution of this Subleasethe Building rooftop, Sublessor shall demise (ii) the Subleased Premises from right to install and maintain additional mechanical equipment on the balance Building rooftop reasonably necessary to serve those portions of the Premises to the extent required by applicable building codes (“Sublessor’s Work”). Upon taking occupancy of Building not within the Subleased Premises, Sublessee shall conclusively be deemed to have accepted (iii) the Subleased Premises in the condition delivered and to have acknowledged that the same are in good condition and satisfactory to Sublessee in all respects and Sublessor has no obligation to make any improvements to such portion of the Subleased Premises. Sublessee’s failure to notify Sublessor of any problems with the working order and repair of the base Building systems serving the Subleased Premises within thirty (30) days from delivery shall be deemed to be Sublessee’s agreement that Sublessor has satisfied its delivery requirement. Sublessee acknowledges that Sublessor has made no representations or warranties concerning the Subleased Premises or the Building or their fitness for Sublessee’s purposes. The Subleased Premises are leased with the benefit of the non-exclusive right to use in common existing mechanical and electrical risers, shafts, sleeves and penetrations between Sublandlord’s spaces within the Building and the Building rooftop, which right shall be shared with others at any time entitled thereto the areas shown on Exhibit B (the “Common Areas”) solely for purposes of access to and egress from the Subleased Premises. Sublessee shall comply with all rules and regulations of Sublessor concerning the use Subtenant. e. Section 1 of the Common Areas. Sublessor shall have the right from time Sublease is hereby amended to time to change the Common Areas provided Sublessor provides substantially similar access and egressreflect these changes contained in (a) - (c) above herein.