Common use of Term Condition and Acceptance of Premises Clause in Contracts

Term Condition and Acceptance of Premises. This Lease shall be effective as of the Lease Date. The Term of this Lease shall commence on the Lease Commencement Date and end on the Expiration Date, unless sooner terminated or extended pursuant to the provisions of this Lease. The design and construction of any Alterations that Tenant may deem necessary or appropriate to prepare the Premises for occupancy by Tenant shall be made pursuant to the provisions set forth in Article 10. Tenant agrees to accept the Premises in their “as-is” condition, without any representations or warranties by Landlord or by any agent of Landlord’s as to the condition of the Project or the suitability of the Project for Tenant’s intended use or business, and with no obligation of Landlord to make any alterations or improvements to the Premises or to provide any tenant improvement allowance; provided, however, that Landlord, at no cost to Tenant, shall paint the demising wall within the Premises with Building-standard paint. Landlord shall exercise commercially reasonable efforts to deliver possession of the Premises to Tenant in the condition required hereunder on or before the Target Delivery Date. If Landlord cannot deliver possession of the Premises to Tenant on or before the Target Delivery Date, this Lease shall not be void or voidable for a period of sixty (60) days thereafter, and Landlord shall not be in default or liable to Tenant for any loss or damage resulting therefrom. If Landlord has not delivered the Premises to Tenant on or before the expiration of the sixty (60) day period, then Tenant may terminate this Lease upon not less than ten (10) days prior written notice to Landlord, but in any event prior to delivery of the Premises. Tenant’s commencing business operations in all or any portion of the Premises shall constitute Tenant’s acceptance of the Premises in the condition required by this Lease. Within ten (10) days after request, Tenant shall execute and deliver to Landlord a Confirmation of Lease Term in the form of Exhibit D attached hereto.