Lessee hereby acknowledges it is currently in possession of the Existing Premises and accordingly accepts the same from the date of this Third Lease Amendment in its current “AS/IS” condition, without representation or warranty of any kind or nature arising from this Third Lease Amendment, subject, however, to the terms of this Third Lease Amendment including, without limitation, Lessor’s obligations to implement and maintain the HVAC Standard as well as Lessor’s ongoing repair and maintenance obligations under the Existing Lease and hereunder.

The parties acknowledge Lessee previously accepted the delivery of the Existing Premises and is in occupancy of the Existing Premises as of the date hereof. Accordingly, subject to the terms of this Third Lease Amendment including, without limitation, Lessor’s obligations to implement and maintain the HVAC Standard as well as Lessor’s ongoing repair and maintenance obligations under the Existing Lease and hereunder, the Existing Premises continues to be leased in its current “AS/IS” condition as of the date hereof and Lessee acknowledges Lessor is under no obligation to make any improvements or modifications thereto, in any manner (except as may be incrementally necessary for completion of Lessor’s Work on the Expansion Space per the specifications therefor referenced in Section 4 hereof).