Existing Premises. Landlord and Tenant hereby agree that pursuant to the Lease, Landlord currently leases to Tenant and Tenant currently leases from Landlord that certain office space in the Existing Building containing 33,676 rentable square feet located on the first (1st) and second (2nd) floors of the Existing Building as described in [Section 1] of the Second Amendment (the "Existing Premises").
Condition of Premises. Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of the Premises, the Building or the Project, or with respect to the suitability of the Premises, the Building or the Project for the conduct of Tenant’s business. Tenant acknowledges that, subject to Landlord’s obligations to make available to Tenant the TI Allowance in accordance with this Lease as described below in this [Section 5], # it is fully familiar with the condition of the Premises and agrees to take the same in its condition “as is” as of the Delivery Date and # Landlord shall have no obligation to alter or repair the Premises for Tenant’s occupancy or construct any improvements or otherwise prepare the Premises for Tenant’s occupancy, except that Landlord will make available to Tenant the Base TI Allowance and, if properly requested by Tenant pursuant to the terms of the Lease, the Additional TI Allowance. Tenant’s taking of possession of the Premises shall, except as otherwise agreed to in writing by Landlord and Tenant, conclusively establish that the Premises, the Building and the Project were at such time in good, sanitary and satisfactory condition and repair.
Condition of Premises. Tenant represents that the Premises, the sidewalks and structures adjoining the same, and any subsurface conditions thereof, and the present uses and non-uses thereof, have been examined by Tenant, and Tenant agrees that it will accept the same in the condition or state in which they, or any of them, now are, without representation or warranty, express or implied in fact or by law, by Landlord, and without recourse to Landlord as to the nature, condition or usability thereof, or the use or uses to which the Premises, or any part thereof, may be put.
Condition of Premises. Improvements shall be constructed in the Premises in accordance with this Paragraph 5. Except as otherwise expressly provided in this Paragraph 5, Tenant shall accept the Premises in their as-is condition and Landlord shall have no obligation to make or to pay for any improvements or renovations in or to the Premises.
Surrender of Existing Premises. Tenant hereby agrees to vacate the Existing Premises and surrender and deliver exclusive possession of the Existing Premises to Landlord on or before the Effective Date in accordance with the provisions of [Section 14] of the Original Lease. If Tenant fails to so vacate and surrender and deliver exclusive possession of the Existing Premises to Landlord on or before the Effective Date, then the holdover provisions of [Section 15] of the Original Lease shall apply. Tenant represents and warrants to Landlord that: # Tenant has not heretofore assigned or sublet all or any portion of its interest in the Lease or the Existing Premises; # no other person, firm or entity has any right, title or interest in the Lease; # Tenant has the full right, legal power and actual authority to enter into this Third Amendment without the consent of any person, firm or entity; and # Tenant has the full right, legal power and actual authority to bind Tenant to the terms and conditions hereof. Tenant further represents and warrants to Landlord that as of the date hereof there are no, and as of the Effective Date there shall not be any, mechanics' liens or other liens encumbering all or any portion of the Existing Premises by virtue of any act or omission on the part of Tenant, its predecessors, contractors, agents, employees, successors or assigns.
Condition of the Premises. The Tenant agrees that the Premises, including any fixtures, appliances, and personal property described in this Lease or listed on the Schedules as part of the Premises, is in satisfactory operating and sanitary condition. Notwithstanding the foregoing, the Tenant shall complete the list of exceptions provided by the Landlord within five days of the Tenant’s occupancy, unless such time is extended pursuant to any applicable law or regulation.
Condition of Substitute Premises. Tenant shall accept the Substitute Premises in its currently existing as-is condition and, except for the construction of the Landlord Work as expressly provided in the Tenant Work Letter, Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Substitute Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Substitute Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenants business, except as specifically set forth in this Amendment and the Tenant Work Letter. For purposes of Section 1938 of the California Civil Code, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that the Project, Building and Premises have not undergone inspection by a Certified Access Specialist (CASp).
Condition of the Demised Premises. hereby acknowledges and agrees that # all work and installations heretofore required to be performed or made by Landlord under the Original Lease have been fully performed or made prior to the date hereof; # has inspected the Original Premises and agrees to accept same in its “as is” condition as of the date hereof; # has inspected the 5,003 Expansion Premises and agrees to accept same in its “as is” condition as of the date hereof and Landlord shall not be required to perform any work, make any installations or incur any expense in or with respect to the Original Premises (or any portion thereof) in order to prepare same for continued occupancy by or in or with respect to the 5,003 Expansion Premises (or any portion thereof) in order to prepare same for occupancy by except that Landlord will perform the work and make the installations, at Landlord’s sole cost and expense, and in accordance with the requirements of the Lease (including this Agreement), as set forth on the Floor Plan annexed hereto as [Exhibit A], which work is sometimes hereinafter referred to as the “5,003 Expansion Work”. In connection with the performance of the 5,003 Expansion Work, shall provide Landlord and its contractors with access to the Demised Premises, to the extent necessary, in order to perform the 5,003 Expansion Work. acknowledges and agrees that there shall be no liability to Landlord, and no abatement of the obligations and liabilities of under the Lease, on account of any inconvenience or interference that may result from Landlord’s performance of the 5,003 Expansion Work except to the extent the same arise from or in connection with the gross negligence or willful misconduct of Landlord or its employees, contractors, agents or representatives. To the extent necessary, shall be responsible for moving the furniture and equipment in the Original Premises (at 's sole cost and expense) in order to permit Landlord to perform the 5,003 Expansion Work. Landlord shall use commercially reasonable efforts to minimize interference with or disruption of ’s use of the balance of the Demised Premises while performing the 5,003 Expansion Work.
Premises. does hereby lease to , and takes and hires from , the premises and improvements constituting the Expansion Space, as depicted on [Exhibit A] attached hereto and made a part hereof, together with all easements, appurtenances, rights and privileges now or hereafter belonging or appurtenant thereto. Upon execution and delivery of this Third Addendum and 's delivery of the Expansion Space in two phases as set forth herein, the leased Premises (as that term is used in the Lease) shall contain 90,435 rentable square feet of Floor Area.
Premises. For and in consideration of the rents hereinafter reserved by Landlord and the covenants, terms and agreements hereinafter contained on the part of Tenant, its legal representatives, successors and assigns to be paid, kept and performed, Landlord does hereby demise, lease, rent and let to Tenant and Tenant does hereby take and hire the Premises from Landlord upon and subject to the terms and conditions hereinafter contained. The term Premises refers to all the lots described above. The term Particular Parking Lot refers to, respectively, each of the following parking lots/areas: # Lots and (Park Row East), # Lots and (Park Row West), and # above-described portion of Lot 20 (Steeple Street).
Premises. In accordance with [Section 2.2] of the Lease, Landlord has informed Tenant that the actual rentable square footage of the Premises is and shall be 112,298 rentable square feet. Accordingly, Base Rent as set forth in the Lease is hereby deleted and shall be replaced with the following:
Subject to Tenants right to continue to occupy the Premises for thirty (30) days as provided in [Section 7] below, the Existing Lease will expire upon the commencement date of the Suite 500 Premises Lease, Commencement Date. Tenant will be obligated to surrender the Premises in the condition required under the Existing Lease; provided, however, Tenants obligation to surrender the Premises shall be met if it surrenders the Premises in vacant, broom clean condition, with all Tenant data cabling removed, and otherwise in the condition as of the Sixth Amendment Effective Date. However, in the event Landlord fails to deliver the Suite 500 Premises by and Tenant exercises its termination right in the Suite 500 Premises Lease as a result thereof, the Expiration Date of the Existing Lease will be extended through . Within ten (10) days after Landlords request, Tenant shall execute and deliver to Landlord a Confirmation of Amendment Dates in the form of [Exhibit B] attached hereto.
Surrender: Sublessees obligations with respect to the surrender of the Premises shall be fulfilled if Sublessee surrenders possession of the Premises in the condition existing at the Commencement Date, ordinary wear and tear, casualties, condemnation and repairs that are not Sublessees responsibility, excepted. Sublessee shall not be required to remove any alterations in the Premises on the date hereof.
Condition of the Building and Premises Upon Surrender. In addition to the above requirements of this [Article 15], upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, surrender the Premises and Building with Tenant having complied with all of Tenant’s obligations under this Lease, including those relating to improvement, repair, maintenance, compliance with law, testing and other related obligations of Tenant set forth in [Article 7] of this Lease. In the event that the Building and Premises shall be surrendered in a condition which does not comply with the terms of this [Section 15.4], because Tenant failed to comply with its obligations set forth in Lease, then following thirty (30) days' notice to Tenant, during which thirty (30) day period Tenant shall have the right to cure such noncompliance, Landlord shall be entitled to expend all reasonable costs in order to cause the same to comply with the required condition upon surrender and Tenant shall immediately reimburse Landlord for all such costs upon notice.
The Premises. hereby leases to and hereby leases from the premises set forth in [Section 2.2] of the Summary (the “Premises”). The outline of the Premises, as contemplated to be constructed on the date hereof, is set forth in [Exhibit A] 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 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 [Exhibit A] is to show the approximate location of the Premises and 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 Work Letter (inclusive of [Schedule 1] attached thereto), shall accept the Premises in their existing, “as is” condition, and shall not be obligated to provide or pay for any improvement work or services related to the initial improvement of the Premises. also acknowledges that neither nor any agent of 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 ’s business, except as specifically set forth in this Lease and the Work Letter. Subject to ’s ongoing maintenance and repair obligations as set forth herein and completion of any “Punch List Items,” as that term is defined in the Work Letter, pursuant to the Work Letter, the commencement of business operations from the Premises by shall conclusively establish that the portion of the Premises and the Building were at such time in good and sanitary order, condition and repair.
Additional Premises. Effective as of the Additional Premises Commencement Date (as defined below), and continuing to the Expiration Date, the space located on the fourteenth (14th) floor of the Building and shown outlined on the attached [Exhibit A] (the Additional Premises) shall be added to the premises covered by the Lease. Commencing on the Additional Premises Commencement Date, all references in the Lease and in this Amendment to the Demised Premises or otherwise to the premises demised thereunder shall be deemed to include the Additional Premises, and all terms, covenants and conditions of the Lease applicable to the Existing Premises shall apply to the Additional Premises, except as expressly set forth in this Amendment. Landlord and Tenant hereby stipulate for all purposes of the Lease that the Additional Premises contains 9,117 rentable square feet.
Section # # Landlord and Tenant each hereby acknowledge and agree that Tenant is currently in occupancy of the Existing Premises, has inspected the same and the Building and is fully familiar with the physical condition thereof and Tenant agrees to accept the Existing Premises on the date hereof in its then as is condition subject to the performance by Landlord of Landlords Existing Premises Work (as hereinafter defined). Except for the performance of Landlords Existing Premises Work and Landlords ongoing maintenance and repair obligations expressly set forth in the Lease (including, without limitation, Landlords obligation with respect to Hazardous Materials as and to the extent expressly provided in [Section 4.1(iii)] below), Tenant acknowledges and agrees that Landlord shall have no obligation to do any work in or to the Existing Premises in order to make it suitable and ready for Tenants continued occupancy and use thereof. If and to the extent assignable by Landlord without any additional cost to Landlord (unless Tenant shall agree in advance to pay such additional cost), Landlord shall assign to Tenant, upon Tenants request, any manufacturer warranties provided in connection with any equipment or fixtures installed by Landlord in the Existing Premises as part of Landlords Existing Premises Work (but only if and to the extent that the repair or maintenance of such equipment or fixtures is not Landlords responsibility under this Amendment or otherwise under the Lease) (it being agreed that nothing contained herein shall be or be deemed to require Landlord to incur any additional expense specifically incurred to obtain any warranties in connection with any such equipment or fixtures installed by Landlord). Anything to the contrary contained herein notwithstanding, with respect to each portion of Landlords Existing Premises Work, Landlord shall remain responsible to repair any defects, including, without limitation, any latent defects, with respect to such portion of Landlords Existing Premises Work for a period of time commencing on the date Landlord Substantially Completes such portion of Landlords Existing Premises Work and ending on the one (1) year anniversary of the Substantial Completion of such portion of Landlords Existing Premises Work, provided that with respect to each portion of Landlords Existing Premises Work, Tenant has notified Landlord prior to the expiration of the applicable 1-year anniversary promptly after Tenant has knowledge of such defect.
Existing Indebtedness. (i) shall have received # evidence satisfactory to that all necessary termination statements, satisfaction documents and any other applicable releases in connection with any existing Indebtedness and all other Liens with respect to Loan Parties that are not Permitted Liens have been filed or arrangements satisfactory to have been made for such filing and # the and the Subsidiaries shall have outstanding no Indebtedness other than # Indebtedness outstanding under this Agreement and # Indebtedness permitted under this Agreement to be outstanding on the Closing Date;
Existing Indebtedness. All existing Indebtedness of the Borrower and its Subsidiaries (excluding Indebtedness permitted pursuant to [Section 9.1]) shall be repaid in full, all commitments (if any) in respect thereof shall have been terminated and all guarantees therefor and security therefor shall be released, and the Administrative Agent shall have received pay-off letters in form and substance satisfactory to it evidencing such repayment, termination and release.
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