Common use of The Premises Clause in Contracts

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Sections 2.2 and 2.3 of the Summary (the “Premises”), which premises are referred to individually as the “Initial Premises” and the “Additional Premises” respectively. The outline of the Premises is set forth in Exhibit A and Exhibit A-1 attached hereto. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibits A and A-1 is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Tenant hereby acknowledges that Tenant shall accept the Premises (including both the Initial Premises and the Additional Premises) in its existing, “as-is” condition as of the dates of Landlord’s delivery thereof, and that Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises; provided that Landlord shall deliver the Premises in a clean and sanitary condition, with all building systems operating and in good working order. Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as specifically set forth in this Lease. The taking of possession of the Premises by Tenant shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair.

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Sections Section 2.2 and 2.3 of the Summary (the “"Premises”"), which premises are referred to individually as the “Initial Premises” and the “Additional Premises” respectively. The outline of the Premises is set forth in Exhibit A attached hereto and Exhibit A-1 attached heretoeach floor or floors of the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summary. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions (the "TCCs") herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions TCCs by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibits Exhibit A and A-1 is to show the approximate location of the Premises in the “"Building,” " as that term is defined in Section 1.1.2, below, only, and such Exhibit exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “"Common Areas,” " as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “"Project,” " as that term is defined in Section 1.1.21.1,2, below. Tenant hereby acknowledges that Tenant shall accept the Premises (including both the Initial Premises and the Additional Premises) Except as specifically set forth in its existingthis Lease , “as-is” condition as of the dates of Landlord’s delivery thereof, and that Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises; provided that Landlord shall deliver the Premises in a clean and sanitary condition, with all building systems operating and in good working order. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s 's business, except as specifically set forth in this Lease. The taking of possession of the Premises by Tenant shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair.

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Sections Section 2.2 and 2.3 of the Summary (the “"Premises”"), which premises are referred to individually as the “Initial Premises” and the “Additional Premises” respectively. The outline of the Premises is set forth in Exhibit A and Exhibit A-1 attached heretohereto the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summary. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions (the "TCCs") herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions TCCs by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose Purpose of Exhibits Exhibit A and A-1 is to show the approximate location of the Premises in the “"Building,” " as that term is defined in Section 1.1.2, below, only, only and such Exhibit is not meant to constitute constitute' an agreement, representation or warranty as to the construction construction' of the Premises, the precise area thereof or the specific location of the “"Common Areas,” " as that term is defined in Section 1.1.31 .11 .3, below, or the elements thereof or of the accessways to the Premises or the “"Project,” " as that term is defined in Section 1.1.22 below, below. Tenant hereby acknowledges that Tenant shall accept the Premises (including both the Initial Premises and the Additional Premises) in its existing, “existing "as-is” " condition as of the dates of Landlord’s delivery thereof, and that Landlord shall not be obligated to provide or pay for any improvement improvements work or services related to the improvement of the Premises; provided that Landlord shall deliver the Premises in a clean and sanitary condition, with all building systems operating and in good working order. Tenant also acknowledges that neither Landlord nor Landlord' not any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s 's business. Tenant also acknowledges and agrees that Tenant is currently in occupancy of the Premises (or shall soon after the date of this Lease be in occupancy of the Premises) pursuant to an existing sublease agreement dated as of the date hereof (the "Existing STMicroelectronics Sublease) with respect to a portion of the space leased from Landlord pursuant to the that certain existing Office Lease with STMicroelectronics, except Inc., a Delaware corporation, dated as specifically set forth of June 4, 2004 (as amended, the "STMicroelectronics Lease). Accordingly, (1) Landlord shall have no obligation to deliver the Premises to Tenant upon the Lease Commencement Date, (ii) Tenant acknowledges and agrees that it shall be fully aware of the condition of the Premises as of the Lease Commencement Date, and (iii) Tenant shall accept the Premises as of the Lease Commencement Date in its then existing "as-is" condition and Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. In the event that the Existing Sublease is terminated for any reason prior to the current expiration date thereof (i.e., July 31, 2014), this LeaseLease shall be unaffected and shall remain in full force and effect. The taking of Tenant's continued possession of the Premises by Tenant as of the Lease Commencement Date, shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair.

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Sections Section 2.2 and 2.3 of the Summary (the “"Premises”"), which premises are referred to individually as the “Initial Premises” and the “Additional Premises” respectively. The outline of the Premises is set forth in Exhibit A and Exhibit A-1 attached hereto. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibits Exhibit A and A-1 is to show the approximate location of the Premises in the “"Building,” " as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “"Common Areas,” " as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “"Project,” " as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant hereby acknowledges that Work Letter (inclusive of Schedule 1 attached thereto), Tenant shall accept the Premises (including both the Initial Premises and the Additional Premises) in its their existing, “as-"as is” condition as of the dates of Landlord’s delivery thereof" condition, and that Landlord shall not be obligated to provide or pay for any improvement work or services related to the initial improvement of the Premises; provided that Landlord shall deliver the Premises in a clean and sanitary condition, with all building systems operating and in good working order. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s 's business, except as specifically set forth in this LeaseLease and the Tenant Work Letter. The taking Subject to Landlord’s ongoing maintenance and repair obligations as set forth herein and completion of possession any "Punch List Items," as that term is defined in the Tenant Work Letter, pursuant to the Tenant Work Letter, the commencement of business operations from the Premises by Tenant shall conclusively establish that the portion of the Premises and the Building were at such time in good and sanitary order, condition and repair.

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Sections 2.2 and 2.3 of Premises for the Summary (the “Premises”), which premises are referred to individually as the “Initial Premises” and the “Additional Premises” respectively. The outline of the Premises is set forth in Exhibit A and Exhibit A-1 attached heretoLease Term. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibits Exhibit A and A-1 is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” , as that term is defined in Section 1.1.31.1.2, below, or the elements thereof or of the accessways to the Premises or the “Project,” . Except as that term is defined specifically set forth in Section 1.1.2this Lease and in the Tenant Work Letter (the "Tenant Work Letter"), below. Tenant hereby acknowledges that Tenant shall accept the Premises (including both the Initial Premises and the Additional Premises) in its existing, “as-"as is” condition as of the dates of Landlord’s delivery thereof" condition, and that Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises; provided that Landlord shall deliver the Premises in a clean and sanitary condition, with all building systems operating and in good working order. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s 's business, except as specifically set forth in this LeaseLease and the Tenant Work Letter. The taking of possession of the Premises by Tenant shall conclusively establish that Tenant has accepted the Premises in its condition as of the date of such occupancy and that the Premises and the Building were at such time in good and sanitary order, condition and repair.

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Sections Section 2.2 and 2.3 of the Summary (the “"Premises”"), which premises are referred to individually as the “Initial Premises” and the “Additional Premises” respectively. The outline of the Premises is set forth in Exhibit A attached hereto and Exhibit A-1 attached heretoeach floor or floors of the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summary. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions (the "TCCs") herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions TCCs by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibits Exhibit A and A-1 is to show the approximate location of the Premises in the “"Building,” " as that term is defined in Section 1.1.2, below, only, and such Exhibit exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “"Common Areas,” " as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways access ways to the Premises or the “"Project,” " as that term is defined in Section 1.1.21.1,2, below. Tenant hereby acknowledges that Tenant shall accept the Premises (including both the Initial Premises and the Additional Premises) Except as specifically set forth in its existingthis Lease , “as-is” condition as of the dates of Landlord’s delivery thereof, and that Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises; provided that Landlord shall deliver the Premises in a clean and sanitary condition, with all building systems operating and in good working order. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s 's business, except as specifically set forth in this Lease. The taking of possession of the Premises by Tenant shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair.

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises Premises, as set forth and defined in Sections Section 2.2 and 2.3 of the Summary (the “Premises”), which premises are referred to individually as the “Initial Premises” and the “Additional Premises” respectivelySummary. The outline outlines of each Phase of the Premises is set forth in Exhibit A attached hereto and Exhibit A-1 attached heretothe Premises and each respective Phase of the Premises has approximately the number of rentable square feet as set forth in Section 2.2 of the Summary. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions (the "TCCs") herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions TCCs by it Tenant to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibits Exhibit A and A-1 is to show the approximate location of each Phase of the Premises in the “"Building,” " as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “"Common Areas,” " as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “"Project,” " as that term is defined in Section 1.1.2, below. Tenant hereby acknowledges that Except as specifically set forth in this Lease and in the Work Letter attached hereto as Exhibit B (the "Work Letter"), Tenant shall accept the Premises (including both the Initial Premises and the Additional Premises) in its existing, “existing "as-is” " condition as of the dates of Landlord’s delivery thereof, and that Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises; provided that Landlord shall deliver the Premises in a clean and sanitary condition, with all building systems operating and in good working order. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s 's business, except as specifically set forth in this Lease. The taking of possession of the Premises by Tenant shall conclusively establish that the Premises Lease and the Building were at such time in good and sanitary order, condition and repairWork Letter.

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Sections Section 2.2 and 2.3 of the Summary (the “Premises”), which premises are referred to individually as the “Initial Premises” and the “Additional Premises” respectively. The outline of the Premises is set forth in Exhibit A attached hereto and Exhibit A-1 attached heretoeach floor or floors of the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summary. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibits Exhibit A and A-1 is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Tenant hereby acknowledges that Tenant shall accept the Premises (including both the Initial Premises and the Additional Premises) Except as specifically set forth in its existing, “as-is” condition as of the dates of Landlord’s delivery thereof, and that this Lease Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises; provided that Landlord shall deliver the Premises in a clean and sanitary condition, with all building systems operating and in good working order. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as specifically set forth in this Lease. The taking of possession of the Premises by Tenant shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair.

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Sections 2.2 and 2.3 of the Summary (the “Premises”), ) which premises are referred to individually as set forth in Section 3 of the Summary of Basic Lease Information above (the “Initial Premises” and the “Additional Premises” respectivelySummary”). The outline of the Premises is set forth in Exhibit A and Exhibit A-1 attached hereto. Landlord and Tenant hereby acknowledge and agree that the rentable square footage of the Premises shall be deemed to be as set forth in Section 3 of the Summary and that the same shall not be subject to re-measurement or modification. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibits Exhibit A and A-1 is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.21.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction precise area of the Premises, the precise area thereof Premises or the specific location of the “Common Areas,” as that term is defined in Section 1.1.31.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.21.2, below. Tenant hereby acknowledges that Tenant shall accept Except as specifically set forth in this Lease and in the Premises Work Letter attached hereto as Exhibit C, if applicable (including both the Initial Premises and the Additional Premises) in its existing“Work Letter”), “as-is” condition as of the dates of Landlord’s delivery thereof, and that Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises; provided that Landlord shall deliver the Premises in a clean and sanitary condition, with all building systems operating and in good working orderor occupancy thereof by Tenant. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s businessbusiness and Tenant shall accept the Premise in its “as-is” condition, except as specifically set forth in this LeaseLease and the Work Letter. The Subject in each case to the “Substantial Completion” of the “Tenant Improvements” (as those terms are defined in Work Letter attached hereto as Exhibit C), and Landlord’s completion of any punch list items arising out of Landlord’s and Tenant’s walk-through inspection of the Tenant Improvements (as required under the Work Letter), (a) the taking of possession of the Initial Premises by Tenant shall conclusively establish that the Initial Premises and the Building were at such time in good and sanitary order, condition and repair; and (b) the taking of possession of the Must Take Premises by Tenant, in the condition required for the Must Take Commencement Date, shall conclusively establish that the Must Take Premises were at such time in good and sanitary order, condition and repair. Notwithstanding anything to the contrary set forth herein: (i) Landlord hereby covenants to use commercially reasonable efforts to deliver the Initial Premises to Tenant with the Tenant Improvements thereto substantially completed in accordance with the Work Letter no later than thirty (30) days after mutual execution of this Lease (the “Estimated Initial Premises Delivery Date”), and if Landlord fails to substantially complete the Tenant Improvements for the Initial Premises and deliver the Initial Premises to Tenant on or before sixty (60) days after the Estimated Initial Premises Delivery Date (the “Initial Premises Rent Credit Date”) for any reason other than force majeure or Tenant Delays (as defined in the Work Letter), Landlord shall not be in default but the Commencement Date shall be delayed one (1) day for each day of such delay until Landlord delivers possession of the Initial Premises to Tenant in accordance with the requirements of this Lease; provided however, that if Landlord fails to substantially complete the Tenant Improvements for the Initial Premises and deliver the Initial Premises to Tenant within sixty (60) days after the Initial Premises Rent Credit Date for any reason other than force majeure or Tenant Delays, Landlord shall not be in default but Tenant may as its sole and exclusive remedy, upon written notice to Landlord prior to the date that Landlord delivers possession of the Initial Premises to Tenant in accordance with the requirements of this Lease, elect to terminate this Lease, and upon any such termination this Lease shall be deemed void and of no further force and effect, any obligations of Landlord to Tenant or of Tenant to Landlord shall be deemed cancelled, and Landlord shall promptly return to Tenant any prepaid Rent or Letter of Credit then held by Landlord; and (ii) Landlord hereby covenants to use commercially reasonable efforts to deliver the Must Take Premises to Tenant (including, without limitation, if reasonably necessary, timely instituting unlawful detainer proceedings against the current tenant of the Must Take Premises) with the Tenant Improvements thereto substantially completed in accordance with the Work Letter no later than March 1, 2009 (the “Estimated Must Take Premises Delivery Date”), and in the event that Landlord has not gained possession of the Must Take Premises, and substantially completed the Tenant Improvements in the Must Take Premises and delivered the Must Take Premises to Tenant on or before May 1, 2009, for any reason other than force majeure or Tenant Delays (as defined in the Work Letter), Landlord shall not be in default but Tenant shall be entitled to a day-for-day Rent credit with respect to the Must Take Premises from and after the May 1, 2009 until Landlord delivers possession of the Must Take Premises to Tenant in accordance with the requirements of this Lease; provided, however, that if Landlord has not gained possession of the Must Take Premises, and substantially completed the Tenant Improvements in the Must Take Premises and delivered the Must Take Premises to Tenant on or before July 1, 2009, for any reason other than force majeure or Tenant Delays (as defined in the Work Letter), Landlord shall not be in default but Tenant may as its sole and exclusive remedy, in Tenant’s sole discretion and upon written notice to Landlord prior to the date that Landlord delivers possession of the Must Take Premises to Tenant in accordance with the requirements of this Lease, elect to terminate this Lease either in its entirety or with respect to the Must Take Premises only; and in the event Tenant elects to terminate this Lease with respect to the Must Take Premises only, Tenant’s occupancy of the Initial Premises shall not be affected by such termination, and this Lease shall be amended as soon as reasonably possible by Landlord and Tenant to delete the Must Take Premises from the Premises. Upon any termination of the entire Lease resulting from Landlord’s failure to deliver the Must Take Premises by the outside date set forth above, this Lease shall be deemed void and of no further force and effect, any obligations of Landlord to Tenant or of Tenant to Landlord shall be deemed cancelled (other than such obligations which specifically survive the termination of this Lease), and Landlord shall promptly return to Tenant any prepaid Rent or Letter of Credit then held by Landlord.

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Sections Section 2.2 and 2.3 of the Summary (the “Premises”), which premises are referred to individually as the “Initial Premises” and the “Additional Premises” respectively. The outline of the Premises is set forth in Exhibit A and Exhibit A-1 attached hereto. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions (the “TCCs”) herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions TCCs by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibits Exhibit A and A-1 is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Tenant hereby acknowledges that Except as specifically set forth in this Lease and in the Work Letter attached hereto as Exhibit B (the “ Work Letter”), Tenant shall accept the Premises (including both the Initial Premises and the Additional Premises) in its existing, existing “as-is” condition as of the dates of Landlord’s delivery thereof, and that Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises; provided that Landlord shall deliver the Premises in a clean and sanitary condition, with all building systems operating and in good working order. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as specifically set forth in this Lease and the Work Letter; provided, however, that the Premises shall be delivered to Tenant with the “Building Structure” and the “Building Systems,” as those terms are defined in Article 7 of this Lease, in good working condition. The taking of possession of the Premises by Tenant shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair.

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Sections Section 2.2 and 2.3 of the Summary (the “Premises”), which premises are referred to individually as the “Initial Premises” and the “Additional Premises” respectively. The outline of the Premises is set forth in Exhibit A attached hereto and has the number of rentable square feet as set forth in Section 2.2 of the Summary. The outline of the Premises, the “Building” and the “Project,” as those terms are defined in Section 1.1.2 below, are further depicted on the Site Plan attached hereto as Exhibit A-1 attached heretoA-1. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibits Exhibit A and A-1 is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” Project as that term is defined in Section 1.1.2, below. Tenant hereby acknowledges that Tenant shall accept Except as specifically set forth in this Lease and in the Premises Work Letter attached hereto as Exhibit B (including both the Initial Premises and the Additional Premises) in its existing“Work Letter”), “as-is” condition as of the dates of Landlord’s delivery thereof, and that Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises; provided that Landlord shall deliver the Premises in a clean and sanitary condition, with all building systems operating and in good working order. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as specifically set forth in this Lease. The taking of possession of the Premises by Tenant shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair, subject to Landlord’s ongoing repair and maintenance obligations set forth in this Lease.

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Sections SECTION 2.2 and 2.3 of the Summary (the “Premises”"PREMISES"), which premises are referred to individually as the “Initial Premises” and the “Additional Premises” respectively. The outline of the Building constituting a portion of the Premises is set forth in Exhibit EXHIBIT A and Exhibit A-1 attached hereto. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions (the "TCCs") herein set forth, and Landlord and Tenant covenants each covenant as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions TCCs by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibits EXHIBIT A and A-1 is to show the approximate location of the Premises Building in the “Building"Project,” " as that term is defined in Section SECTION 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the PremisesBuilding, the precise area thereof or the specific location of the “"Common Areas,” " as that term is defined in Section SECTION 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project"Building,” " as that term is defined in Section SECTION 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant hereby acknowledges that Tenant shall accept Work Letter attached hereto as EXHIBIT B (the Premises (including both the Initial Premises and the Additional Premises) in its existing"TENANT WORK LETTER"), “as-is” condition as of the dates of Landlord’s delivery thereof, and that Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises; provided that Landlord shall deliver the Premises in a clean and sanitary condition, with all building systems operating and in good working order. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s 's business, except as specifically set forth in this Lease. The taking of possession of the Premises by Tenant shall conclusively establish that the Premises Lease and the Building were at such time in good and sanitary order, condition and repairTenant Work Letter.

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Sections Section 2.2 and 2.3 of the Summary (the “"Premises”"), which premises are referred to individually as the “Initial Premises” and the “Additional Premises” respectively. The outline of the Premises is set forth in Exhibit A and Exhibit A-1 attached hereto. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibits Exhibit A and A-1 is to show the approximate location of the Premises in the “"Building,” " as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “"Common Areas,” " as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “"Project,” " as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant hereby acknowledges that Work Letter attached hereto as Exhibit B (the "Tenant Work Letter"), Tenant shall accept the Premises (including both the Initial Premises and the Additional Premises) in its their existing, “as-"as is” condition as of the dates of Landlord’s delivery thereof" condition, and that Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises; provided that Landlord shall deliver the Premises in a clean and sanitary condition, with all building systems operating and in good working order. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s 's business, except as specifically set forth in this Lease. The taking of possession of the Premises by Tenant shall conclusively establish that the Premises Lease and the Building were at such time in good and sanitary order, condition and repairTenant Work Letter.