CONCLUSIVENESS OF LANDLORD'S PERFORMANCE. Tenant shall have no claim that Landlord has failed to perform any of Landlord’s Work, unless Tenant shall have given Landlord notice, not later than sixty (60) days following the Substantial Completion Date, or, in the case of latent defects, not later than the earlier of (a) eleven (11) months following the Substantial Completion Date and (b) the date Tenant knew or should have known about such latent defect, of respects in which Landlord has not performed Landlord’s Work, Except for Landlord’s Work, the Additional Premises are being leased in their condition “as is” without representation or warranty by Landlord.
CONCLUSIVENESS OF LANDLORD'S PERFORMANCE. Tenant shall be conclusively deemed to have agreed that Landlord has performed all of its obligations under this Article 4 unless not later than the end of the third calendar month next beginning after Landlord’s notice of substantial completion under Section 4.2 Tenant shall give Landlord written notice specifying the respects in which Landlord has not performed such obligations.
CONCLUSIVENESS OF LANDLORD'S PERFORMANCE. Except to the extent to which Tenant shall have given Landlord notice, not later than the end of the second full calendar month next beginning after the Commencement Date, of respects in which Landlord has not performed Landlord’s Work, Tenant shall have no claim that Landlord has failed to perform any of Landlord’s Work. Except for Landlord’s Work, the Premises are being leased in their condition as is without representation or warranty by Landlord. Tenant acknowledges that it has inspected the Premises and common areas of the Building and, except for Landlord’s Work, has found the same satisfactory.
CONCLUSIVENESS OF LANDLORD'S PERFORMANCE. Tenant shall be conclusively deemed to have accepted Landlord's Work unless, within ten (10) months after the Commencement Date with regard to heat, ventilation and air-conditioning equipment and related work or within ninety (90) days after the Commencement Date with regard to other items, Tenant gives Landlord a notice setting forth in detail those portions of Landlord's Work Tenant does not accept. Upon Tenant's request, Landlord shall assign to Tenant any warranties provided to Landlord in connection with Landlord's Work which are assignable without expense to Landlord provided Tenant shall release Landlord from any liability with respect to the matter subject to the warranty.
CONCLUSIVENESS OF LANDLORD'S PERFORMANCE. Tenant shall be conclusively deemed to have accepted Landlord’s Work unless, within sixty (60) days after Landlord shall have determined the Commencement Date to have occurred, Tenant gives Landlord a notice setting forth in detail those portions of Landlord’s Work Tenant does not accept.
CONCLUSIVENESS OF LANDLORD'S PERFORMANCE. By taking possession of the Premises, Tenant accepts the improvements in the condition in which they may then be subject to Section 4.1.4, and waives any right or claim against Landlord arising out of the condition of the Premises, including the improvements thereon, the appurtenances thereto, and the equipment thereof.
CONCLUSIVENESS OF LANDLORD'S PERFORMANCE. Except as set forth in the next sentence, Tenant shall be conclusively deemed to have agreed that Landlord has performed all of its obligations under this Article 4 with respect to the Premises except as to matters under warranty unless not later than the end of the second calendar month next beginning after the Commencement Date, Tenant shall give Landlord written notice specifying the respects in which Landlord has not performed any such obligation for the Premises. Notwithstanding the foregoing, Landlord shall, at Landlord’s sole cost, not to be included in Operating Costs, correct any defects in Landlord’s TI Work of which Tenant shall give Landlord written notice not later than the date that is eleven (11) months after Substantial Completion of Landlord’s TI Work. Landlord shall obtain customary warranties from the contractors performing Landlord’s TI Work and shall keep such warranties in full force and effect. All warranties related to Landlord’s TI Work shall be assignable to Tenant, and at Tenant’s request upon the expiration of the eleven (11) month period described above, Landlord shall assign any such warranties then in effect to Tenant unless Landlord is then enforcing any of such warranties (in which case Landlord shall assign such warranties to Tenant upon resolution of such enforcement).
CONCLUSIVENESS OF LANDLORD'S PERFORMANCE. Except to the extent Tenant shall have given Landlord notice not later than one hundred twenty (120) days after the Commencement Date (which shall be extended to one year after the Commencement Date in the case of latent defects) of respects in which Landlord has not performed Landlord's Work, Tenant shall have no claim that Landlord has failed to perform any of Landlord's Work.
CONCLUSIVENESS OF LANDLORD'S PERFORMANCE. Except to the extent to which Tenant shall have given Landlord written notice (latent defects excluded), not later than the end of the first full calendar month next beginning after the Lease Commencement Date, of the respects in which Landlord has not performed Landlord’s obligations under Exhibit “D” (including Exhibits DD and DDD), Tenant shall have no claim that Landlord has failed to perform any of Landlord’s obligations under said Exhibit “D”, “DD”, and “DDD”. As to any latent defects with respect to said Exhibit “D”, “DD”, and “DDD”, unless Tenant has given written notice to Landlord no later than the end of the sixth (6th) full calendar month next following the Lease Commencement Date, specifying such latent defects, Tenant shall have no claim against Landlord for such latent defect. Provided Tenant has timely notified Landlord of any such defects (latent or otherwise), in accordance with this Section 3.2, Landlord shall promptly repair such defects, at Landlord’s sole cost and expense. Additionally, at the end of the first full calendar month next beginning after the Lease Commencement Date, Landlord shall assign to Tenant any contractor, equipment or manufacturer warranties with respect to Landlord’s Work, which will be the Tenant’s obligation to maintain, repair and replace.
CONCLUSIVENESS OF LANDLORD'S PERFORMANCE. Except to the extent to ---------------------------------------- which Tenant shall have given Landlord notice not later than six (6) months from the Substantial Completion Date of respects in which Landlord has not performed Landlord's Work, Tenant shall have no claim that Landlord has failed to perform any of Landlord's Work.
