MADE ANY ORAL OR WRITTEN REPRESENTATIONS OR WARRANTIES
WITH RESPECT TO THE CONDITION, SUITABILITY OR FITNESS OF THE PREMISES OTHER THAN
AS MAY BE SPECIFICALLY SET FORTH IN THIS LEASE.
TENANT ACCEPTS THE PREMISES IN
ITS AS IS CONDITION, SUBJECT TO ALL MATTERS OF RECORD AND APPLICABLE LAWS,
ORDINANCES, RULES AND REGULATIONS, SUBJECT TO THE COMPLETION OF LANDLORD'S WORK,
AS DESCRIBED IN EXHIBIT B TO THIS LEASE, AND SUBJECT TO COMPLETION OF THE TENANT
IMPROVEMENTS DESCRIBED IN EXHIBIT B TO THIS LEASE.
TENANT ACKNOWLEDGES THAT
NEITHER LANDLORD NOR LANDLORD'S BROKER NOR ANY OF LANDLORD'S AGENTS HAS AGREED
TO UNDERTAKE OR PAY FOR ANY ALTERATIONS OR ADDITIONS OR TO PERFORM ANY
MAINTENANCE OR REPAIR OF THE PREMISES EXCEPT FOR THE ROUTINE MAINTENANCE AND
JANITORIAL WORK SPECIFIED HEREIN AND EXCEPT AS MAY BE EXPRESSLY SET FORTH IN
EXHIBIT B.
2.4
EARLY ACCESS; MOVE IN PERIOD.
TENANT SHALL BE GIVEN ACCESS TO THE
PREMISES FOR A PERIOD OF FOURTEEN (14) DAYS (THE "MOVE IN PERIOD") FOLLOWING
SUBSTANTIAL COMPLETION OF THE TENANT IMPROVEMENTS (AS SUCH TERMS ARE DEFINED IN
THE WORK LETTER ATTACHED AS EXHIBIT B), IN ORDER FOR TENANT AND/OR TENANT'S
CONTRACTORS OR VENDORS TO INSTALL FURNITURE, CABLING AND TRADE FIXTURES AS
TENANT ELECTS IN ACCORDANCE WITH THE TERMS HEREOF; PROVIDED, HOWEVER, THAT
TENANT AND TENANT'S CONTRACTORS SHALL FIRST HAVE PROVIDED THE CERTIFICATES OF
INSURANCE CALLED FOR UNDER THIS LEASE, INCLUDING PURSUANT TO SECTIONS 11.1 AND
11.2 BELOW. DURING THE PERIOD OF SUCH EARLY ACCESS, (I) TENANT SHALL BE SOLELY
RESPONSIBLE FOR ANY EQUIPMENT, FIXTURES, FURNITURE OR MATERIAL BROUGHT INTO THE
PREMISES IN CONNECTION WITH SUCH EARLY OCCUPANCY, AND FOR ANY LOSS OR DAMAGE
THERETO FROM ANY CAUSE WHATSOEVER, EXCLUDING ONLY THE GROSS NEGLIGENCE OR
DELIBERATE MISCONDUCT OF LANDLORD OR LANDLORD'S CONTRACTORS, AND (II) TENANT
SHALL COOPERATE WITH LANDLORD TO FACILITATE THE COMPLETION OF THE TENANT
IMPROVEMENTS, PROVIDED THAT LANDLORD SHALL ENSURE THAT THE PREMISES ARE
SUBSTANTIALLY FREE OF LANDLORD'S CONTRACTORS IN ORDER TO MAXIMIZE THE BENEFITS
TO TENANT OF THE MOVE IN PERIOD.
DURING THE MOVE IN PERIOD TENANT MAY USE THE
BUILDING'S FREIGHT ELEVATOR AND LOADING DOCK ON A NON-EXCLUSIVE BASIS DURING
BUSINESS HOURS, FREE OF CHARGE, OTHER THAN AS PROVIDED IN RULE 5 OF THE
RULES AND REGULATIONS ATTACHED HERETO AS EXHIBIT D, IF APPLICABLE.
IF TENANT
DESIRES USE OF THE FREIGHT ELEVATOR OR LOADING DOCK DURING OTHER THAN DURING
BUSINESS HOURS ON BUSINESS DAYS, THEN TENANT MAY RESERVE SUCH USE IN COMPLIANCE
WITH THE BUILDING'S RULES AND PROCEDURES AND SHALL PAY LANDLORD A REASONABLE
AMOUNT FOR PROVIDING ANY SECURITY SERVICES IN CONNECTION WITH SUCH USE.
ANY
SUCH SECURITY SERVICES SHALL BE SOLELY FOR THE BENEFIT OF LANDLORD'S PROPERTY,
AND IN NO EVENT SHALL LANDLORD BE LIABLE TO TENANT FOR, AND TENANT HEREBY
RELEASES LANDLORD AND ITS AGENTS AND CONTRACTORS FROM, LIABILITY FOR, ANY THEFT,
LOSS OR DAMAGE OF OR TO TENANT'S PROPERTY.
LANDLORD SHALL MAINTAIN THE FREIGHT
ELEVATORS IN OPERABLE CONDITION DURING THE MOVE IN PERIOD, AND SHALL PROMPTLY
RESPOND TO ANY SERVICE REQUEST REGARDING THE
6
FREIGHT