Condition. Lessor shall deliver the Premises to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs ("Start Date"), and, so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee within thirty (30) days following the Start Date, warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems ("HVAC"), loading doors, if any, and all other such elements in the Premises, other than those constructed by Lessee, shall be in good operating condition on said date and that the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the "Building") shall be free of material defects. If a non-compliance with said warranty exists as of the Start Date, Lessor shall, as Lessor's sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, rectify same at Lessor's expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this warranty within: (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) months as to the HVAC systems, (iii) thirty (30) days as to the remaining systems and other elements of the Building, correction of such non-compliance shall be the obligation of Lessee at Lessee's sole cost and expense.
Appears in 4 contracts
Samples: Cii Financial Inc, Lease Agreement (Encad Inc), Sublease Agreement (Andromedia Inc)
Condition. Lessor shall deliver the Premises to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs ("Start DateSTART DATE"), and, so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee within thirty (30) days following the Start Date, warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems ("HVAC"), loading doors, if any, and all other such elements in the Premises, other than those constructed by Lessee, shall be in good operating condition on said date and that the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the "BuildingBUILDING") shall be free of material defects. If a non-compliance with said warranty exists as of the Start Date, Lessor shall, as Lessor's sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, rectify same at Lessor's expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this warranty within: (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) months as to the HVAC systems, (iii) thirty (30) days as to the remaining systems and other elements of the Building, correction of such non-compliance shall be the obligation of Lessee at Lessee's sole cost and expense.
Appears in 4 contracts
Samples: Parking Agreement (International Remote Imaging Systems Inc /De/), Parking Agreement (International Remote Imaging Systems Inc /De/), Bebe Stores Inc
Condition. Lessor shall deliver the Premises to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs ("Start Date"), and, so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee and in effect within thirty (30) days following the Start Date, warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems ("HVAC"), loading doors, sump pumps, if any, and all other such elements in the Premises, other than those constructed by Lessee, shall be in good operating condition on said date and that the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the "Building") shall be free of material defects. If a non-compliance with said warranty exists as of the Start Date, or if one of such systems or elements should malfunction or fail within the appropriate warranty period, Lessor shall, as Lessor's sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, malfunction or failure, rectify same at Lessor's Lessors expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this The warranty withinperiods shall be as follows: (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) 6 months as to the HVAC systems, and (iiiii) thirty (30) 30 days as to the remaining systems and other elements of the Building. If Lessee does not give Lessor the required notice within the appropriate warranty period, correction of any such non-compliance compliance, malfunction or failure shall be the obligation of Lessee at Lessee's sole cost and expense.
Appears in 4 contracts
Samples: Asset Purchase Agreement (Item 9 Labs Corp.), legalforms.org, www.speedytemplate.com
Condition. Lessor shall deliver the Premises to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs ("“Start Date"”), and, so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee within thirty (30) days following the Start Date, warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems ("“HVAC"”), loading doors, if any, and all other such elements in the Premises, other than those constructed by Lessee, shall be in good operating condition on said date and that the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the "“Building"”) shall be free of material defects. If a non-compliance with said warranty exists as of the Start Date, Lessor shall, as Lessor's ’s sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, rectify same at Lessor's ’s expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this warranty within: (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) months as to the HVAC systems, (iii) thirty (30) days as to the remaining systems and other elements of the Building, correction of such non-compliance shall be the obligation of Lessee at Lessee's ’s sole cost and expense.
Appears in 4 contracts
Samples: Arbitration Agreement (Nextest Systems Corp), Arbitration Agreement (Nextest Systems Corp), Dolby Laboratories, Inc.
Condition. Lessor shall deliver that portion of the Premises contained within the Building (“Unit”) to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs ("“Start Date"”), and, so long as the required service contracts described in Paragraph 7.1(b7.1 (b) below are obtained by Lessee and in effect within thirty (30) days following the Start Date, warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems ("“HVAC"”), loading doors, if any, and all other such elements in the PremisesUnit, other than those constructed by Lessee, shall be in good operating condition on said date and that the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the "Building") Unit shall be free of material defects. If a non-compliance with said such warranty exists as of the Start Date, or if one of such systems or elements should malfunction or fail within the appropriate warranty period, Lessor shall, as Lessor's ’s sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, malfunction or failure, rectify same at Lessor's ’s expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this The warranty withinperiods shall be as follows: (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) 6 months as to the HVAC systems, and (iiiii) thirty (30) 30 days 6 months as to the remaining systems and other elements of the BuildingUnit. If Lessee does not give Lessor the required notice within the appropriate warranty period, correction of any such non-compliance compliance, malfunction or failure shall be the obligation of Lessee at Lessee's ’s sole cost and expenseexpense (except for the repairs to the fire sprinkler systems, roof, foundations, and/or bearing walls - see Paragraph 7).
Appears in 4 contracts
Samples: Sublease Agreement (AltheaDx, Inc.), Sublease Agreement (AltheaDx, Inc.), Sublease Agreement (AltheaDx, Inc.)
Condition. Lessor shall deliver that portion of the Premises contained within the Building ("Unit") to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs ("Start Date"), and, so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee and in effect within thirty (30) days following the Start Date, warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems ("HVAC"), loading doors, sump pumps, if any, and all other such elements in the PremisesUnit, other than those constructed by Lessee, shall be in good operating condition on said date and date, that the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the "Building") Unit shall be free of material defects, and that the Unit does not contain hazardous levels of any mold or fungi defined as toxic under applicable state or federal law. If a non-compliance with said such warranty exists as of the Start Date, or if one of such systems or elements should malfunction or fail within the appropriate warranty period, Lessor shall, as Lessor's sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, malfunction or failure, rectify same at Lessor's expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this The warranty withinperiods shall be as follows: (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) 6 months as to the HVAC systems, and (iiiii) thirty (30) 30 days as to the remaining systems and other elements of the BuildingUnit. If Lessee does not give Lessor the required notice within the appropriate warranty period, correction of any such non-compliance compliance, malfunction or failure shall be the obligation of Lessee at Lessee's sole cost and expense.expense (except for the repairs to the fire sprinkler systems, roof, foundations, and/or bearing walls - see Paragraph 7). Lessor also warrants, that unless otherwise specified in writing, Lessor is unaware of (i) any recorded Notices of Default affecting the Premise; (ii) any delinquent amounts due under any loan secured by the Premises; and
Appears in 4 contracts
Samples: Multi Tenant Office Lease (America Great Health), Multi Tenant Office Lease (America Great Health), Multi Tenant Office Lease (America Great Health)
Condition. Lessor shall deliver that portion of the Premises contained within the Building (“Unit”) to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs ("“Start Date"”), and, so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee and in effect within thirty (30) days following the Start Date, warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems ("“HVAC"”), loading doors, sump pumps, if any, and all other such elements in the PremisesUnit, other than those constructed by Lessee, shall be in good operating condition on said date and date, that the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the "Building") Unit shall be free of material defects, and that the Unit does not contain hazardous levels of any mold or fungi defined as toxic under applicable state or federal law. If a non-compliance with said such warranty exists as of the Start Date, or if one of such systems or elements should malfunction or fail within the appropriate warranty period, Lessor shall, as Lessor's ’s sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, malfunction or failure, rectify same at Lessor's ’s expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this The warranty withinperiods shall be as follows: (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) 6 months as to the HVAC systems, and (iiiii) thirty (30) 30 days as to the remaining systems and other elements of the BuildingUnit. If Lessee does not give Lessor the required notice within the appropriate warranty period, correction of any such non-compliance compliance, malfunction or failure shall be the obligation of Lessee at Lessee's ’s sole cost and expenseexpense (except for the repairs to the fire sprinkler systems, roof, foundations, and/or bearing walls - see Paragraph 7). Lessor also warrants, that unless otherwise specified in writing, Lessor is unaware of (i) any recorded Notices of Default affecting the Premise; (ii) any delinquent amounts due under any loan secured by the Premises; and (iii) any bankruptcy proceeding affecting the Premises.
Appears in 3 contracts
Samples: Arbitration Agreement (Brownie's Marine Group, Inc), Cue Health Inc., Cue Health Inc.
Condition. Lessor shall deliver the Premises to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs ("“Start Date"”), and, so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee and in effect within thirty (30) days following the Start Date, warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems ("“HVAC"”), loading doors, sump pumps, if any, and all other such elements in the Premises, other than those constructed by Lessee, shall be in good operating condition on said date and that the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the "“Building"”) shall be free of material defects. If a non-compliance with said warranty exists as of the Start Date, or if one of such systems or elements should malfunction or fail within the appropriate warranty period, Lessor shall, as Lessor's ’s sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, malfunction or failure, rectify same at Lessor's ’s expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this The warranty withinperiods shall be as follows: (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) 6 months as to the HVAC systems, and (iiiii) thirty (30) 30 days as to the remaining systems and other elements of the Building. If Lessee does not give Lessor the required notice within the appropriate warranty period, correction of any such non-compliance compliance, malfunction or failure shall be the obligation of Lessee at Lessee's ’s sole cost and expense.
Appears in 3 contracts
Samples: Wesco Aircraft Holdings, Inc, Wesco Aircraft Holdings, Inc, Wesco Aircraft Holdings, Inc
Condition. Lessor shall deliver that portion of the Premises contained within the Building (“Unit”) to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs ("“Start Date"”), and, so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee and in effect within thirty (30) days following the Start Date, warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems ("“HVAC"”), loading doors, sump pumps, if any, and all other such elements in the PremisesUnit, other than those constructed by Lessee, shall be in good operating condition on said date and date, that the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the "Building") Unit shall be free of material defects, and that the Unit does not contain hazardous levels of any mold or fungi defined as toxic under applicable state or federal law. If a non-compliance with said such warranty exists as of the Start Date, or if one of such systems or elements should malfunction or fail within the appropriate warranty period, Lessor shall, as Lessor's ’s sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, malfunction or failure, rectify same at Lessor's ’s expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this The warranty withinperiods shall be as follows: (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) 6 months as to the HVAC systems, and (iiiii) thirty (30) 30 days as to the remaining systems and other elements of the BuildingUnit. If Lessee does not give Lessor the required notice within the appropriate warranty period, correction of any such non-compliance compliance, malfunction or failure shall be the obligation of Lessee at Lessee's ’s sole cost and expenseexpense (except for the repairs to the fire sprinkler systems, roof, foundations, and/or bearing walls—see Paragraph 7). Lessor also warrants, that unless otherwise specified in writing, Lessor is unaware of (i) any recorded Notices of Default affecting the Premise; (ii) any delinquent amounts due under any loan secured by the Premises; and (iii) any bankruptcy proceeding affecting the Premises.
Appears in 2 contracts
Samples: Social Capital Suvretta Holdings Corp. I, Social Capital Suvretta Holdings Corp. I
Condition. Lessor shall deliver the Premises to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs ("“Start Date"”), and, so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee and in effect within thirty (30) days following the Start Date, warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems ("“HVAC"”), loading doors, sump pumps. if any, and all other such elements in the Premises, other than those constructed by Lessee, shall be in good operating condition on said date and the Start Date, that the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the "“Building"”) shall be free of material defects, and that the Premises do not contain hazardous levels of any mold or fungi defined as toxic under applicable state or federal law. If a non-compliance with said warranty exists as of the Start Date, or if one of such systems or elements should malfunction or fail within the appropriate warranty period, Lessor shall, as Lessor's ’s sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, malfunction or failure, rectify same at Lessor's ’s expense. If, after the Start Date, There shall be no warranty periods. If Lessee does not give Lessor written the required notice of any non-compliance with this within the appropriate warranty within: (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) months as to the HVAC systems, (iii) thirty (30) days as to the remaining systems and other elements of the Buildingperiod, correction of any such non-compliance compliance, malfunction or failure shall be the obligation of Lessee at Lessee's ’s sole cost and expense.
Appears in 2 contracts
Samples: AutoGenomics, Inc., AutoGenomics, Inc.
Condition. Lessor shall deliver that portion of the Premises contained within the Building ("Unit") to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first first occurs ("Start Date"), and, so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee and in effect within thirty (30) days following the Start Date, warrants that the existing electrical, plumbing, fire fire sprinkler, lighting, heating, ventilating and air conditioning systems ("HVAC"), loading doors, sump pumps, if any, and all other such elements in the PremisesUnit, other than those constructed by Lessee, shall be in good operating condition on said date and date, that the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the "Building") Unit shall be free of material defects, and that the Unit does not contain hazardous levels of any mold or fungi defined as toxic under applicable state or federal law. If a non-compliance with said such warranty exists as of the Start Date, or if one of such systems or elements should malfunction or fail within the appropriate warranty period, Lessor shall, as Lessor's sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after aGer receipt of written notice from Lessee setting forth with specificity specificity the nature and extent of such non-compliance, malfunction or failure, rectify same at Lessor's expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this The warranty withinperiods shall be as follows: (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) 6 months as to the HVAC systems, and (iiiii) thirty (30) 30 days as to the remaining systems and other elements of the BuildingUnit. If Lessee does not give Lessor the required notice within the appropriate warranty period, correction of any such non-compliance compliance, malfunction or failure shall be the obligation of Lessee at Lessee's sole cost and expense.expense (except for the repairs to the fire sprinkler systems, roof, foundations, and/or bearing walls - see Paragraph 7). Lessor also warrants, that unless otherwise specified in writing, Lessor is unaware of (i) any recorded Notices of Default affecting the Premise; (ii) any delinquent amounts due under any loan secured by the Premises; and
Appears in 2 contracts
Samples: images1.cityfeet.com, images1.showcase.com
Condition. Lessor shall deliver that portion of the Premises contained within the Building (“Unit”) to Lessee broom clean and free of debris asbestos and other hazardous materials on the Commencement Date or the Early Possession Date, whichever first occurs ("“Start Date"”), and, so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee and in effect within thirty (30) days following the Start Date, warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems ("“HVAC"”), loading doors, if any, and all other such elements in the PremisesUnit, other than those constructed by Lessee, shall be in good operating condition on said date and that the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the "Building") Unit shall be free of material defects. If a non-compliance with said such warranty exists as of the Start Date, or if one of such systems or elements should malfunction or fail within the appropriate warranty period, Lessor shall, as Lessor's ’s sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, malfunction or failure, rectify same at Lessor's ’s expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this The warranty withinperiods shall be as follows: (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) 6 months as to the HVAC systems, and (iiiii) thirty (30) 60 days as to the remaining systems and other elements of the BuildingUnit. If Lessee does not give Lessor the required notice within the appropriate warranty period, correction of any such non-compliance compliance, malfunction or failure shall be the obligation of Lessee at Lessee's ’s sole cost and expense.expense (except for the repairs to foundations, and/or bearing walls—see Paragraph 7). Also see Paragraph 51
Appears in 2 contracts
Samples: ChemoCentryx, Inc., ChemoCentryx, Inc.
Condition. Lessor shall deliver that portion of the Premises contained within the Building ("Unit") to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs ("Start Date"), and, so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee and in effect within thirty (30) days following the Start Date, warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems ("HVAC"), loading doors, if any, and all other such elements in the PremisesUnit, other than those constructed by Lessee, shall be in good operating condition on said date and that the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the "Building") Unit shall be free of material defects. If a non-compliance with said such warranty exists as of the Start Date, or if one of such systems or elements should -------------------------------------------------------------------------------- Exhibits Page 9 malfunction or fail within the appropriate warranty period, Lessor shall, as Lessor's sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, malfunction or failure, rectify same at Lessor's expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this The warranty withinperiods shall be as follows: (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) 6 months as to the HVAC systems, and (iiiii) thirty (30) 30 days as to the remaining systems and other elements of the BuildingUnit. If Lessee does not give Lessor the required notice within the appropriate warranty period, correction of any such non-compliance compliance, malfunction or failure shall be the obligation of Lessee at Lessee's sole cost and expenseexpense (except for the repairs to the fire sprinkler systems, roof, foundations, and/or bearing walls - see Paragraph 7).
Appears in 2 contracts
Samples: Essxsport Corp, Essxsport Corp
Condition. Lessor shall deliver that portion of the Premises contained within the Building (“Unit”) to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs ("“Start Date"”), and, so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee and in effect within thirty (30) days following the Start Date, warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems ("“HVAC"”), loading doors, if any, and all other such elements in the PremisesUnit, other than those constructed by Lessee, shall be in good operating condition on said date and that the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the "Building") Unit shall be free of material defects. If a non-compliance with said such warranty exists as of the Start Date, or if one of such systems or elements should malfunction or fail within the appropriate warranty period, Lessor shall, as Lessor's ’s sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, malfunction or failure, rectify same at Lessor's ’s expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this The warranty withinperiods shall be as follows: (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) 6 months as to the HVAC systems, and (iiiii) thirty (30) 30 days as to the remaining systems and other elements of the BuildingUnit. If Lessee does not give Lessor the required notice within the appropriate warranty period, correction of any such non-compliance compliance, malfunction or failure shall be the obligation of Lessee at Lessee's ’s sole cost and expenseexpense (except for the repairs to the fire sprinkler systems, roof, foundations, and/or bearing walls - see Paragraph 7).
Appears in 2 contracts
Samples: Work Letter Agreement (Nexsan Corp), Lease (Radiant Logistics, Inc)
Condition. Lessor shall deliver the Premises to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs ("Start DateSTART DATE"), and, so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee and in effect within thirty (30) days following the Start Date, warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems ("HVAC"), loading doors, sump pumps, if any, and all other such elements in the Premises, other than those constructed by Lessee, shall be in good operating condition on said date and that the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the "BuildingBUILDING") shall be free of material defects. If a non-compliance with said warranty exists as of the Start Date, or if one of such systems or elements should malfunction or fail within the appropriate warranty period, Lessor shall, as Lessor's sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, malfunction or failure, rectify same at Lessor's expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this The warranty withinperiods shall be as follows: (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) 6 months as to the HVAC systems, and (iiiii) thirty (30) 90 days as to the remaining systems and other elements of the Building. If Lessee does not give Lessor the required notice within the appropriate warranty period, correction of any such non-compliance compliance, malfunction or failure shall be the obligation of Lessee at Lessee's sole cost and expense.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Amistar Corp), Purchase and Sale Agreement (Amistar Corp)
Condition. Lessor shall deliver that portion of the Premises contained within the Building ("UNIT") to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs ("Start DateSTART DATE"), and, so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee and in effect within thirty (30) days following the Start Date, warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems ("HVAC"), loading doors, if any, and all other such elements in the PremisesUnit, other than those constructed by Lessee, shall be in good operating condition on said date data and that the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the "Building") Unit shall be free of material defects. If a non-compliance with said such warranty exists as of the Start Date, or if one of such systems or elements should malfunction or fail within the appropriate warranty period, Lessor shall, as Lessor's sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, malfunction or failure, rectify same at Lessor's expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this The warranty withinperiods shall be as follows: (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) 6 months as to the HVAC systems, and (iiiii) thirty (30) 30 days as to the remaining systems and other elements of the BuildingUnit. If Lessee does not give Lessor the required notice within the appropriate warranty period, correction of any such non-compliance compliance, malfunction or failure shall be the obligation of Lessee at Lessee's sole cost and expenseexpense (except for the repairs to the fire sprinkler systems, roof, foundations, and/or bearing walls - see Paragraph 7).
Appears in 1 contract
Samples: Lease (Aegis Assessments Inc)
Condition. Lessor shall deliver that portion of the Premises contained within the Building (“Unit”) to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs ("“Start Date"”), and, so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee and in effect within thirty (30) days following the Start Date, warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems ("“HVAC"”), loading doors, if any, and all other such elements in the PremisesUnit, other than those constructed by Lessee, shall be in good operating condition on said date and that the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the "Building") Unit shall be in good condition and free of material defects. If a non-compliance with said warranty such warrant exists as of the Start Date, or if one of such systems or elements should malfunction or fail within the appropriate warranty period, Lessor shall, as Lessor's ’s sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, malfunction or failure, rectify same at Lessor's ’s expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this The warranty withinperiods shall be as follows: (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) months as to the HVAC systems, (iiiii) thirty (30) 30 days as to the remaining systems and other elements of the BuildingUnit and (iii) unlimited as to the roof, bearing walls and foundation of the Unit. If Lessee does not give Lessor the required notice within the appropriate warranty period, correction of any such non-compliance compliance, malfunction or failure shall be the obligation of Lessee at Lessee's ’s sole cost and expenseexpense (except for the repairs to the fire sprinkler systems, roof, foundations, and/or bearing walls see Paragraph 7).
Appears in 1 contract
Samples: Wilshire Bancorp Inc
Condition. Lessor shall deliver that portion of the Premises contained within the Building ("Unit") to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs ("Start Date"), and, so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee and in effect within thirty (30) days following the Start Date, warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems ("HVAC"), loading doors, sump pumps, if any, and all other such elements in the PremisesUnit, other than those constructed by Lessee, shall be in good operating condition on said date and date, that the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the "Building") Unit shall be free of material defects, and that the Unit does not contain hazardous levels of any mold or fungi defined as toxic under applicable state or federal law. If a non-compliance with said such warranty exists as of the Start Date, or if one of such systems or elements should malfunction or fail within the appropriate warranty period, Lessor shall, as Lessor's sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, malfunction or failure, rectify same at Lessor's expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this The warranty withinperiods shall be as follows: (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) 6 months as to the HVAC systems, and (iiiii) thirty (30) 30 days as to the remaining systems and other elements of the BuildingUnit. If Lessee does not give Lessor the required notice within the appropriate warranty period, correction of any such non-compliance compliance, malfunction or failure shall be the obligation of Lessee at Lessee's sole cost and expenseexpense (except for the repairs to the fire sprinkler systems, roof, foundations, and/or bearing walls - see Paragraph 7). Lessor also warrants, that unless otherwise specified in writing, Lessor is unaware of (i) any recorded Notices of Default affecting the Premise; (ii) any delinquent amounts due under any loan secured by the Premises; and (iii) any bankruptcy proceeding affecting the Premises.
Appears in 1 contract
Samples: static1.squarespace.com
Condition. Lessor shall deliver the Premises to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, . whichever first occurs ("Start Date"), and, . so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee and in effect within thirty (30) days following the Start Date, warrants that the existing electrical, plumbing, plumbing fire sprinkler, lighting, heating, ventilating and air conditioning systems ("HVAC"), loading doors, sump pumps, if any, and all air other such elements in the Premises, other than those constructed by Lessee, shall be in good operating condition on said date and that the surface and structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the "Building") shall be free of material defects. If a non-compliance with said warranty exists as of the Start Date, or if one of such systems or elements should malfunction or fail within the appropriate warranty period, Lessor shall, as Lessor's sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, malfunction or failure, rectify same at Lessor's expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this The warranty withinperiods shall be as follows: (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) 6 months as to the HVAC systems, and (iiiii) thirty (30) 30 days as to the remaining systems and other elements of the Building. If Lessee does not give Lessor the required notice within the appropriate warranty period, correction of any such non-compliance compliance, malfunction or failure shall be the obligation of Lessee at Lessee's sole cost and expense, except for the roof, foundations, and bearing walls which are handled as provided in paragraph 7.
Appears in 1 contract
Samples: Trimedyne Inc
Condition. Lessor shall deliver that portion of the Premises contained within the Building ("Unit") to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs ("Start Date"), and, so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee and in effect within thirty (30) days following the Start Date, warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems ("HVAC"), loading doors, sump pumps, if any, and all other such elements in the PremisesUnit, other than those constructed by Lessee, shall be in good operating condition on said date and date, that the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the "Building") Unit shall be free of material defects, and that the Unit does not contain hazardous levels of any mold or fungi defined as toxic under applicable state or federal law. If a non-compliance noncompliance with said such warranty exists as of the Start Date, or if one of such systems or elements should malfunction or fail within the appropriate warranty period, Lessor shall, as Lessor's sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliancenoncompliance, malfunction or failure, rectify same at Lessor's expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this The warranty withinperiods shall be as follows: (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) 6 months as to the HVAC systems, and (iiiii) thirty (30) 30 days as to the remaining systems and other elements of the BuildingUnit. If Lessee does not give Lessor the required notice within the appropriate warranty period, correction of any such non-compliance noncompliance, malfunction or failure shall be the obligation of Lessee at Lessee's sole cost and expenseexpense (except for the repairs to the fire sprinkler systems, roof, foundations, and/or bearing walls see Paragraph 7). Lessor also warrants, that unless otherwise specified in writing, Lessor is unaware of (i) any recorded Notices of Default affecting the Premise; (ii) any delinquent amounts due under any loan secured by the Premises; and (iii) any bankruptcy proceeding affecting the Premises.
Appears in 1 contract
Condition. Lessor shall deliver that portion of the Premises contained within the Building (“Unit”) to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs ("“Start Date"”), and, so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee and in effect within thirty (30) days following the Start Date, warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems ("“HVAC"”), loading doors, sump pumps, if any, and all other such elements in the PremisesUnit, other than those constructed by Lessee, shall be in good operating condition on said date and date, that the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the "Building") Unit shall be free of material defects, and that the Unit does not contain hazardous levels of any mold or fungi defined as toxic under applicable state or federal law. If a non-compliance with said such warranty exists as of the Start Date, or if one of such systems or elements should malfunction or fail within the appropriate warranty period, Lessor shall, as Lessor's sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, malfunction or failure, rectify same at Lessor's expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this The warranty withinperiods shall be as follows: (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) 6 months as to the HVAC systems, and (iiiii) thirty (30) 30 days as to the remaining systems and other elements of the BuildingUnit. If Lessee does not give Lessor the required notice within the appropriate warranty period, correction of any such non-compliance compliance, malfunction or failure shall be the obligation of Lessee at Lessee's sole cost and expenseexpense (except for the repairs to the fire sprinkler systems, roof, foundations, and/or bearing walls - see Paragraph 7).
Appears in 1 contract
Samples: Oculus Innovative Sciences, Inc.
Condition. Lessor shall deliver the Premises to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs ("“Start Date"”), and, so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee within thirty (30) days following the Start Date, warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems ("“HVAC"”), loading doors, sump pumps, if any, and all other such elements in the Premises, other than those constructed by Lessee, shall be in good operating condition on said date and that the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the "“Building"”) shall be free of material defects. If a non-compliance with said warranty exists as of the Start Date, or if one of such systems or elements should malfunction or fail within the appropriate warranty period, Lessor shall, as Lessor's ’s sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, rectify same at Lessor's ’s expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this warranty within: within (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) months as to the HVAC systems, (iii) thirty (30) days as to the remaining systems and other elements of the Building, correction of such non-compliance shall be the obligation of Lessee at Lessee's ’s sole cost and expense. See Addendum.
Appears in 1 contract
Samples: Sublease (Digirad Corp)
Condition. Lessor shall deliver that portion of the Premises contained within the Building (‘Unit”) to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs ("“Start Date"”), and, so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee and in effect within thirty (30) days following the Start Date, warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems ("“HVAC"”), loading doors, if any, and all other such elements in the PremisesUnit, other than those constructed by Lessee, shall be in good operating condition on said date and that the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the "Building") Unit shall be free of material defects. If a non-compliance with said such warranty exists as of the Start Date, or if one of such systems or elements should malfunction or fail within the appropriate warranty period, Lessor shall, as Lessor's ’s sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of o such non-compliance, malfunction or failure, rectify same at Lessor's ’s expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this The warranty withinperiods shall be as follows: (ia) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) 6 months as to the HVAC systems, and (iiib) thirty (30) 30 days as to the remaining systems and other elements of the BuildingUnit. If Lessee does not give Lessor the required notice within the appropriate warranty period, correction of any such non-compliance compliance, malfunction or failure shall be the obligation of Lessee at Lessee's ’s sole cost and expenseexpense (except for the repairs to the fire sprinkler systems, roof, foundations, and/or bearing walls -see Paragraph 7).
Appears in 1 contract
Samples: Lease (Organogenesis Holdings Inc.)
Condition. Lessor shall deliver that portion of the Premises contained within the applicable Building (‘Unit”) to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs ("“Start Date"”), and, so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee and in effect within thirty (30) days following the Start Date, warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems ("“HVAC"”), loading doors, sump pumps, if any, and all other such elements in the PremisesUnit, other than those constructed by Lessee, shall be in good operating condition on said date and date, that the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the "Building") Unit shall be free of material defects, and that the Unit does not contain hazardous levels of any mold or fungi defined as toxic under applicable state or federal law. If a non-compliance with said such warranty exists as of the Start Date, or if one of such systems or elements should malfunction or fail within the appropriate warranty period, Lessor shall, as Lessor's ’s sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, malfunction or failure, rectify same at Lessor's ’s expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this The warranty withinperiods shall be as follows: (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) 6 months as to the HVAC systems, and (iiiii) thirty (30) 30 days as to the remaining systems and other elements of the BuildingUnit. If Lessee does not give Lessor the required notice within the appropriate warranty period, correction of any such non-compliance compliance, malfunction or failure shall be the obligation of Lessee at Lessee's ’s sole cost and expenseexpense (except for the repairs to the fire sprinkler systems, roof, foundations, and/or bearing walls - see Paragraph 7).
Appears in 1 contract
Condition. Lessor shall deliver that portion of the Premises contained within the Building (‘Unit”) to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs ("“Start Date"”), and, so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee within thirty (30) days following the Start Date, and - - warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems ("“HVAC"”), loading doors, sump pumps, if any, and all other such elements in the PremisesUnit, other than those elements which are planned to be removed, reconfigured, remodeled or replaced in connection with Lessee’s planned remodeling of the Premises, and other than any elements to be constructed by Lessee, shall be in good operating condition on said date and date, that the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the "Building") Unit shall be free of material defects, and that the Unit does not contain hazardous levels of any mold or fungi defined as toxic under applicable state or federal law. If a non-compliance with said such warranty exists as of the Start Date, or if one of such systems or elements should malfunction or fail within the appropriate warranty period, Lessor shall, as Lessor's ’s sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, malfunction or failure, rectify same at Lessor's ’s expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this The warranty withinperiods shall be as follows: (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) 6 months as to the HVAC systems, and (iiiii) thirty (30) 30 days as to the remaining systems and other elements of the BuildingUnit. If Lessee does not give Lessor the required notice within the appropriate warranty period, correction of any such non-compliance compliance, malfunction or failure shall be the obligation of Lessee at Lessee's ’s sole cost and expenseexpense (except for the repairs to the fire sprinkler systems, roof, foundations, and/or bearing walls - see Paragraph 7).
Appears in 1 contract
Samples: Torotel Inc
Condition. Lessor Landlord shall deliver that portion of the Premises contained within the Building ('Unit") to Lessee Tenant broom clean and free of debris on debris, “as-is,” “where-is,” and “all faults accepted” condition upon the Commencement Date or the Early Possession Date, whichever first occurs ("Start Date"), and, so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee Tenant and in effect within thirty (30) days following the Start Date, warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems ("HVAC"), loading doors, if any, and all other such elements in the PremisesUnit, other than those constructed by LesseeTenant, shall be in good operating condition on said date and that the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the "Building") Unit shall be free of material defects. If a non-compliance with said such warranty exists as of the Start Date, Lessor or if one of such systems or elements should malfunction or fail within the appropriate warranty period, Landlord shall, as LessorLandlord's sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee Tenant setting forth with specificity the nature and extent of such non-compliance, malfunction or failure, rectify same at LessorLandlord's expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this The warranty withinperiods shall be as follows: (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) 6 months as to the HVAC systems, and (iiiii) thirty (30) 30 days as to the remaining systems and other elements of the BuildingUnit. If Tenant does not give Landlord the required notice within the appropriate warranty period, correction of any such non-compliance compliance, malfunction or failure shall be the obligation of Lessee Tenant at LesseeTenant's sole cost and expenseexpense (except for the repairs to the fire sprinkler systems, roof, foundations, and/or bearing walls - see Paragraph 7).
Appears in 1 contract
Samples: Fortunet, Inc.
Condition. Lessor shall deliver that portion of the Premises contained within the Building ("Unit") to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs ("Start Date"), and, so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee and in effect within thirty (30) days following the Start Date, warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems ("HVAC"), loading doors, sump pumps, if any, and all other such elements in the PremisesUnit, other than those constructed by Lessee, shall be in good operating condition on said date and date, that the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the "Building") Unit shall be free of material defects, and that the Unit does not contain hazardous levels of any mold or fungi defined as toxic under applicable state or federal law. If a non-compliance with said such warranty exists as of the Start Date, or if one of such systems or elements should malfunction or fail within the appropriate warranty period, Lessor shall, as Lessor's sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, malfunction or failure, rectify same at Lessor's expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this The warranty withinperiods shall be as follows: (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) 6 8 months as to the HVAC systems, and (iiiii) thirty (30) 30 60 days as to the remaining systems and other elements of the BuildingUnit. If Lessee does not give Lessor the required notice within the appropriate warranty period, correction of any such non-compliance compliance, malfunction or failure shall be the obligation of Lessee at Lessee's sole cost and expenseexpense (except for the repairs to the fire sprinkler systems, roof, foundations, and/or bearing walls - see Paragraph 7). Lessor also warrants, that unless otherwise specified in writing, Lessor is unaware of (i) any recorded Notices of Default affecting the Premise; (ii) any delinquent amounts due under any loan secured by the Premises; and (iii) any bankruptcy proceeding affecting the Premises.
Appears in 1 contract
Samples: Liquidmetal Technologies Inc
Condition. Lessor shall deliver that portion of the Premises contained within the Building ("Unit") to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs ("Start Date"), and, and so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee and in effect within thirty (30) 30 days following the Start Date, warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems ("HVAC"), loading doors, if If any, and all such other such elements in the PremisesUnit, other than those constructed by Lessee, shall be in good operating condition on said date and that the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the "Building") Unit shall be free of material defects. If a non-compliance with said such warranty exists as of the Start Date, or if one of such systems or elements should malfunction or fail within the appropriate warranty period, Lessor shall, as Lessor's sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliancenoncompliance, malfunction or failure, rectify same at Lessor's expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this The warranty withinperiod shall be as follows: (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) months as to the HVAC systems, (iii) thirty (30) 30 days as to the remaining all Building systems and other elements of the BuildingUnit, except for latent or structural defects. If Lessee does not give Lessor the required notice within the appropriate warranty period, correction of any such non-compliance compiiance, malfunction or failure shall be the obligation of Lessee at Lessee's sole cost and expense.expense (except for the repairs to the fire sprinkler systems, roof, foundations, and/or bearing walls (see Paragraph 7)). Lessor's Initials Lessees Initials
Appears in 1 contract
Samples: Alldigital Holdings, Inc.
Condition. Lessor shall deliver that position of the Premises premises contained within the Building ("Unit") to Lessee lessee broom clean and free of debris on the Commencement commencement Date or the Early Possession Date, whichever which first occurs ("Start Date"), and, and so long as the required service contracts described in Paragraph 7.1(b7.1 (b) below are obtained by Lessee lessee and in effect within thirty (30) days following the Start Date, warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems ("HVAC"), loading doors, sump pumps, if any, any and all other such elements in the PremisesUnit, other than those constructed by Lessee, shall be in good operating condition on said date and date, that the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the "Building") Unit shall be free of material defects, and that the Unit does not contain hazardous levels of any mold or fungus deemed as toxic under applicable state of federal law. If a non-compliance with said such warranty exists as of the Start Date, or if one of such systems or elements should malfunction or fall within the appropriate warranty period, Lessor shall, as Lessor's sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from the Lessee setting selling forth with specificity the nature and extent of such non-compliance, malfunction, or failure, rectify same at Lessor's expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this The warranty withinperiods shall be as follows: (iI) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) 6 months as to the HVAC systems, systems and (iiiII) thirty (30) 30 days as to the remaining systems and other elements of the BuildingUnit. If lessee does not give Lessor the required notice within the appropriate warranty period, correction corruption of any such non-compliance compliance, malfunction, or failure shall be the obligation of Lessee at Lessee's sole cost and expenseexpense ( except for the repairs to the fire sprinkler systems, roof, foundations, and/or bearing walls - see Paragraph 7).
Appears in 1 contract
Samples: Ironclad Performance Wear Corp
Condition. Lessor shall deliver that portion of the Premises contained within the Building (“Unit”) to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs ("“Start Date"”), and, and so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee and in effect within thirty (30) 30 days following the Start Date, warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems ("“HVAC"”), loading doors, if any, and all such other such elements in the PremisesUnit, other than those constructed by Lessee, shall be in good operating condition on said date and that the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the "Building") Unit shall be free of material defects. If a non-compliance with said such warranty exists as of the Start Date, or if one of such systems or elements should malfunction or fall within the appropriate warranty period, Lessor shall, as Lessor's ’s sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting selling forth with specificity the nature and extent of such non-compliance, malfunction or failure, rectify same at Lessor's ’s expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this The warranty withinperiod shall be as follows: (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) months as to the HVAC systems, (iii) thirty (30) 30 days as to the remaining all Building systems and other elements of the BuildingUnit, except for latent or structural defects. If Lessee does not Lessor’s Initials Lessee’s Initials give Lessor the required notice within the appropriate warranty period, correction of any such non-compliance compliance, malfunction or failure shall be the obligation of Lessee at Lessee's ’s sole cost and expenseexpense (except for the repairs to the fire sprinkler systems, roof, foundations, and/or bearing walls (see Paragraph 7)).
Appears in 1 contract
Samples: Quality Systems Inc
Condition. Lessor shall deliver that portion of the Premises contained within the Building ('Unit") to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs ("Start Date"), and, so long as the required service contracts described in In Paragraph 7.1(b) below are obtained by Lessee and in effect within thirty (30) days following the Start Date, warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems ("HVAC"), loading doors, if any, and all other such elements in the PremisesUnit, other than then those constructed by Lessee, shall be in good operating condition on said date and that the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the "Building") Unit shall be free of material materiel defects. If a non-compliance with said such warranty exists as of the Start DateXxxx, or If one of such systems or elements should malfunction or fall within the appropriate warranty period, Lessor shall, as Lessor's sole obligation with respect to such soot, matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity sspecificity the nature and extent of such non-compliance, malfunction or failure, rectify same at Lessor's expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this The warranty withinperiods shall be as follows: (iI) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) 6 months as to the HVAC systems, (iii) thirty (30) and 60 days as to the remaining systems and other elements of the BuildingUnit. If Lessee does not give Lessor the required notice within the appropriate war tied, correction of any such non-compliance compliance, malfunction or failure shall be the obligation of Lessee at Lessee's sole cost and expenseexpense (except for repairs to the tire sprinkler systems, root. foundations, and/or bearing walls - see Paragraph 7).
Appears in 1 contract
Condition. Lessor shall deliver that position of the Premises premises contained within the Building ("Unit") to Lessee broom clean and free of debris on the Commencement commencement Date or the Early Possession Date, whichever which first occurs ("Start Date"), and, and so long as the required service contracts described in Paragraph 7.1(b7.1 (b) below are obtained by Lessee and in effect within thirty (30) days following the Start Date, warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems ("HVAC"), loading doors, sump pumps, if any, any and all other such elements in the PremisesUnit, other than those constructed by Lessee, shall be in good operating condition on said date and date, that the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the "Building") Unit shall be free of material defects, and that the Unit does not contain hazardous levels of any mold or fungus deemed as toxic under applicable state of federal law. If a non-compliance with said such warranty exists as of the Start Date, or if one of such systems or elements should malfunction or fall within the appropriate warranty period, Lessor shall, as Lessor's sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from the Lessee setting selling forth with specificity the nature and extent of such non-compliance, malfunction, or failure, rectify same at Lessor's expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this The warranty withinperiods shall be as follows: (iI) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) 6 months as to the HVAC systems, systems and (iiiII) thirty (30) 30 days as to the remaining systems and other elements of the BuildingUnit. If Lessee does not give Lessor the required notice within the appropriate warranty period, correction corruption of any such non-compliance compliance, malfunction, or failure shall be the obligation of Lessee at Lessee's sole cost and expenseexpense ( except for the repairs to the fire sprinkler systems, roof, foundations, and/or bearing walls - see Paragraph 7).
Appears in 1 contract
Samples: Ironclad Performance Wear Corp
Condition. Lessor shall deliver that portion of the Premises contained within the Building (“Unit”) to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs ("“Start Date"”), and, so long as the required service contracts described in Paragraph 7.1(b7.1 (b) below are obtained by Lessee and in effect within thirty (30) days following the Start Date, warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems ("“HVAC"”), loading doors, if any, and all other such elements in the PremisesUnit, other than those constructed by Lessee, shall be in good operating condition on said date and that the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the "Building") Unit shall be free of material defects. If a non-compliance with said such warranty exists as of the Start Date, or if one of such systems or elements should malfunction or fail within the appropriate warranty period, Lessor shall, as Lessor's ’s sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, malfunction or failure, rectify same at Lessor's ’s expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this The warranty withinperiods shall be as follows: (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) 6 months as to the HVAC systems, and (iiiii) thirty (30) 30 days as to the remaining systems and other elements of the BuildingUnit. If Lessee does not give Lessor the required notice within the appropriate warranty period, correction of any such non-compliance compliance, malfunction or failure shall be the obligation of Lessee at Lessee's ’s sole cost and expenseexpense (except for the repairs to the fire sprinkler systems, roof, foundations, and/or bearing walls - see Paragraph 7).
Appears in 1 contract
Samples: Nextest Systems Corp
Condition. Lessor shall deliver the Premises to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs ("“Start Date"”), and, so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee and in effect within thirty (30) days following the Start Date, warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems ("“HVAC"”), loading doors, sump pumps, if any, and all other such elements in the Premises, other than those constructed by Lessee, shall be in good operating condition on said date and that the surface and structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the "“Building"”) shall be free of material defects. If a non-compliance with said warranty exists as of the Start Date, or if one of such systems or elements should malfunction or fail within the appropriate warranty period, Lessor shall, as Lessor's ’s sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, malfunction or failure, rectify same at Lessor's ’s expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this The warranty withinperiods shall be as follows: (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) 6 months as to the HVAC systems, and (iiiii) thirty (30) 30 days as to the remaining systems and other elements of the Building. If Lessee does not give Lessor the required notice within the appropriate warranty period, correction of any such non-compliance compliance, malfunction or failure shall be the obligation of Lessee at Lessee's ’s sole cost and expense, except for the roof, foundations, and bearing walls which are handled as provided in paragraph 7.
Appears in 1 contract
Samples: Collegiate Pacific Inc
Condition. Lessor shall deliver the Premises to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs ("“Start Date"”), and, so long as the (he required service contracts described in Paragraph 7.1(b) below are obtained by Lessee and in effect within thirty (30) days following the Start Date, warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems ("“HVAC"”), loading doors, sump pumps, if any, and all other such elements in the Premises, other than those constructed by Lessee, shall be in good operating condition on said date and that the structural elements of at the roof, bearing walls and foundation of any buildings on the Premises (the "“Building"”) shall be free of material defects. If a non-compliance with said warranty exists as of the Start Date, or if one of such systems or elements should malfunction or fail within the appropriate warranty period, Lessor shall, as Lessor's ’s sole obligation with respect to such matter, except as otherwise provided in this the Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, malfunction or failure, rectify same at Lessor's ’s expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this The warranty withinperiods shall be as follows: (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) 6 months as to the HVAC systems, and (iiiii) thirty (30) 30 days as to the remaining systems and other elements of the Building. If Lessee does not give Lessor the required notice within the appropriate warranty period, correction of any such non-compliance compliance, malfunction or failure shall be the obligation of Lessee at Lessee's ’s sole cost and expense.
Appears in 1 contract
Samples: Lease (Osmetech PLC)
Condition. Lessor shall deliver the Premises to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs ("Start Date"), andand , so long as and the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee within thirty (30) days following the Start Date, warrants that the existing to be constructed electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems ("HVAC"), loading doors, if any, and all other such elements in the Premises, other than those constructed by Lessee, shall Premises will be in good operating condition on said date and that the structural elements of the roofrood, bearing xxaring walls and foundation of any buildings on the Premises (the "Building") shall be free of material defects. If a non-compliance with said warranty exists as of the Start Date, Lessor shall, as Lessor's sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance with said warranty exists as of the Start Date, Lessor shall as Lessor's sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, rectify same at Lessor's expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this warranty within: (iI) one year as to the surface of the roof and the structural portions of the roof, foundations foundation and bearing walls, (ii) six (6) months one year as to the HVAC systems, (iii) thirty (30) days as to the remaining systems and other elements of the Buildingbuilding, correction of such non-compliance shall be the obligation of Lessee at Lessee's sole cost and expense.
Appears in 1 contract
Samples: Single Tenant Lease (Invivo Corp)
Condition. Lessor shall deliver the Premises ("Unit") to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs ("Start Date"), and, so long as the required service contracts described in Paragraph 7.1(b) Section 8.1.2 below are obtained by Lessee and in effect within thirty (30) days following the Start Date, warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems ("HVAC"), loading doors, sump pumps, if any, and all other such elements in the PremisesUnit, other than those constructed by Lessee, shall be in good operating condition on said date and date, that the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the "Building") Unit shall be free of material defects, and that the Unit does not contain hazardous levels of any mold or fungi defined as toxic under applicable state or federal law. If a non-compliance with said such warranty exists as of the Start Date, or if one of such systems or elements should malfunction or fail within the appropriate warranty period, Lessor shall, as Lessor's sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliancenoncompliance, malfunction or failure, rectify same at Lessor's expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this The warranty withinperiods shall be as follows: (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) } three months as to the HVAC systems, and (iiiii) thirty (30) 30 days as to the remaining systems and other elements of the BuildingUnit. If Lessee does not give Lessor the required notice within the appropriate warranty period, correction of any such non-compliance compliance, malfunction or failure shall be the obligation of Lessee at Lessee's sole cost and expenseexpense (except for the repairs to the fire sprinkler systems, roof, foundations, and/or bearing walls - see Section 8).
Appears in 1 contract
Condition. Lessor shall deliver that portion of the Premises contained within the Building ("UNIT") to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs ("Start DateSTART DATE"), and, so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee and in effect within thirty (30) days following the Start Date, warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems ("HVAC"), loading doors, if any, and any all other such elements in the PremisesUnits, other than those constructed by Lessee, shall be in good operating condition on said date and that the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the "Building") Unit shall be free of material defects. If a non-compliance with said such warranty exists as of the Start Date, or if one of such systems or elements should malfunction or fail within the appropriate warranty period, Lessor shall, as Lessor's sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, malfunction or failure, rectify same at Lessor's expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this The warranty withinperiods shall be as follows: (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) 6 months as to the HVAC systems, and, (iiiii) thirty (30) 30 days as to the remaining systems and other elements of the BuildingUnit. If Lessee does not give Lessor the required notice within the appropriate warranty period, correction of any such non-compliance compliance, malfunction or failure shall be the obligation of Lessee at Lessee's sole cost and expenseexpense (except for the repairs to the tire sprinkler systems, root, foundations, and/or bearing walls - see Paragraph 7).
Appears in 1 contract
Samples: Divine Inc
Condition. Lessor shall deliver the Premises to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs ("Start Date"), and, so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee and in effect within thirty (30) days following the Start Date, warrants that the existing electrical, plumbing, . fire sprinkler, lighting, heating, ventilating and air conditioning systems (( "HVAC"), loading doors, if sump pumps. If any, and all other such elements in the Premises, other than those constructed by LesseeXxxxxx, shall be in good operating condition on said date and date, that the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the "Building") shall be free of material defects, and that the Premises do not contain hazardous levels of any mold or fungi defined as toxic under applicable state or federal law. If a non-compliance with said warranty exists as of the Start Date, or if one of such systems or elements should malfunction or fail within the appropriate warranty period, Lessor shall, as Lessor's sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, malfunction or failure, rectify same at Lessor's expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this The warranty withinperiods shall be as follows: (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) 6 months as to the HVAC systems, and (iiiii) thirty (30) 30 days as to the remaining systems and other elements of the Building. If Lessee does not give Lessor the required notice within the appropriate warranty period, correction of any such non-compliance compliance, malfunction or failure shall be the obligation of Lessee at Lessee's sole cost and expense.
Appears in 1 contract
Samples: Reeds Inc
Condition. Lessor shall deliver the Premises to Lessee broom clean and free of debris on the Commencement Date Data or the Early Possession Date, whichever first occurs ("“Start Date"”), and, so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee and in effect within thirty (30) days following the Start Date, warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems ("“HVAC"”), loading doors, sump pumps, if any, and all other such elements in the Premises, other than those constructed by Lessee, shall be in good operating condition on said date and date, that the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the "“Building"”) shall be free of material defects, and that the Premises do not contain hazardous levels of any mold or fungi defined as toxic under applicable state or federal law. If a non-compliance with said warranty exists as of the Start Date, or if one of such systems or elements should malfunction or fail within the appropriate warranty period, Lessor shall, as Lessor's ’s sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, malfunction or failure, rectify same at Lessor's ’s expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this The warranty withinperiods shall be as follows: (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) 6 months as to the HVAC systems, and (iiiii) thirty (30) 30 days as to the remaining systems and other elements of the Building. If Lessee does not give Lessor the required notice within the appropriate warranty period, correction of any such non-compliance compliance, malfunction or failure shall be the obligation of Lessee at Lessee's ’s sole cost and expense. Lessor also warrants, that unless otherwise specified in writing, Lessor is unaware of (i) any recorded Notices of Default affecting the Premise; (ii) any delinquent amounts due under any loan secured by the Premises; and (iii) any bankruptcy proceeding affecting the Premises, in current “as-is” condition (see addendum paragraph 51).
Appears in 1 contract
Condition. Lessor shall deliver the Premises to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs ("“Start Date"”), and, so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee within thirty (30) days following the Start Date, and warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems ("“HVAC"”), loading doors, sump pumps, if any, and all other such elements in the Premises, other than those constructed by Lessee, shall be in good operating condition on said date and that the surface and structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the "“Building"”) shall be free of material defects, and that the Premises does not contain hazardous levels of any mold or fungi defined as toxic under applicable state of federal law. If a non-compliance with said warranty exists as of the Start Date, or if one of such systems or elements should malfunction or fail within the appropriate warranty period, Lessor shall, as Lessor's ’s sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-non- compliance, malfunction or failure, rectify same at Lessor's ’s expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this The warranty withinperiods shall be as follows: (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) 6 months as to the HVAC systems, (iii) thirty (30) days and as to the remaining systems and other elements of the Building. If Lessee does not give Lessor the required notice within the appropriate warranty period, correction of any such non-compliance compliance, malfunction or failure shall be the obligation of the Lessee at Lessee's ’s sole cost and expense, except as provided in Paragraph 7. Lessee warrants that all systems referenced in this Paragraph 2.2 shall be serviced by qualified technicians at regular intervals as recommended by the service contractor or the manufacturer.
Appears in 1 contract
Samples: Fox Factory Holding Corp
Condition. Lessor shall deliver that portion of the Premises contained within the Building ("Unit") to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs ("Start Date"), and, so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee and in effect within thirty (30) days following the Start Date, warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems ("HVAC"), loading doors, if any, and all other such elements in the PremisesUnit, other than those constructed by Lessee, shall be in good operating condition on said date and that the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the "Building") Unit shall be free of material defects. If a non-compliance with said such warranty exists as of the Start Date, or if one of such systems or elements should malfunction or fail within the appropriate warranty period, Lessor shall, as Lessor's sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, malfunction or failure, rectify same at Lessor's expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this The warranty withinperiods shall be as follows: (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) 6 months as to the HVAC systems, and (iiiii) thirty (30) 30 days as to the remaining systems and other elements of the BuildingUnit. If Lessee does not give Lessor the required notice within the appropriate warranty period, correction of any such non-compliance compliance, malfunction or failure shall be the obligation of Lessee at Lessee's sole cost and expenseexpense (except for the repairs to the fire sprinkler systems, roof, foundations, and/or bearing walls - see Paragraph 7).
Appears in 1 contract
Samples: Lmi Aerospace Inc
Condition. Lessor shall deliver the Premises to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs ("Start Date"), and, so long as the required service contracts described in Paragraph 7.1(b) Section 8.1.2 below are obtained by Lessee and in effect within thirty (30) days following the Start Early Possession Date, warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems ("“HVAC"”), loading doors, sump pumps, if any, and all other such elements in the Premises, other than those constructed by Lessee, shall be in good operating condition on said date and date, that the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the "Building") shall be free of material defects, and that the Premises does not contain hazardous levels of any substances, including mold or fungi defined as toxic under applicable state or federal law. If a non-compliance with said such warranty exists as of the Start Early Possession Date, or if one of such systems or elements should malfunction or fail within the appropriate warranty period, Lessor shallshall at Lessor’s sole cost and expense, as Lessor's ’s sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, malfunction or failure, rectify same at Lessor's ’s expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this The warranty withinperiods shall be as follows: (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, twelve (ii) six (612) months as to the HVAC systems, and (iiiii) thirty three (303) days months as to the remaining systems and other elements of the BuildingPremises. If Lessee does not give Lessor the required notice within the appropriate warranty period, correction of any such non-compliance compliance, malfunction or failure shall be the obligation governed by Section 8 of Lessee at Lessee's sole cost and expensethis Lease.
Appears in 1 contract
Samples: Tandem Diabetes Care Inc
Condition. Lessor shall deliver that portion of the Premises contained within the Building ("Unit") to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs ("Start Date"), and, so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee and in effect within thirty (30) days following the Start Date, warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems ("HVAC"), loading doors, sump pumps, if any, and all other such elements in the PremisesUnit, other than those constructed by Lessee, shall be in good operating condition on said date and date, that the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the "Building") Unit shall be free of material defects, and that the Unit does not contain hazardous levels of any mold or fungi defined as toxic under applicable state or federal law. If a non-compliance noncompliance with said such warranty exists as of the Start Date, or if one of such systems or elements should malfunction or fail within the appropriate warranty period, Lessor shall, as Lessor's sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after aGer receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliancenoncompliance, malfunction or failure, rectify same at Lessor's expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this The warranty withinperiods shall be as follows: (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) i)6 months as to the HVAC systems, and (iiiii) thirty (30) 30 days as to the remaining systems and other elements of the BuildingUnit. If Lessee does not give Lessor the required notice within the appropriate warranty period, correction of any such non-compliance noncompliance, malfunction or failure shall be the obligation of Lessee at Lessee's sole cost and expenseexpense (except for the repairs to the fire sprinkler systems, roof, foundations, and/or bearing walls see Paragraph 7). Lessor also warrants, that unless otherwise specified in writing, Lessor is unaware of (i) any recorded Notices of Default affecting the Premise; (ii) any delinquent amounts due under any loan secured by the Premises; and (iii) any bankruptcy proceeding affecting the Premises.
Appears in 1 contract
Samples: walnutcreek.granicus.com
Condition. Lessor shall deliver the Premises to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs ("“Start Date"”), and, so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee and in effect within thirty (30) days following the Start Date, warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems ("“HVAC"”), loading doors, sump pumps, if any, and all other such elements in the Premises, other than those constructed by Lessee, shall be in good operating condition on said date and that the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the "“Building"”) shall be free of material defects. If a non-compliance with said warranty exists as of the Start Date, or if one of such systems or elements should malfunction or fail within the appropriate warranty period, Lessor shall, as Lessor's ’s sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, malfunction or failure, rectify same at Lessor's ’s expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this The warranty withinperiods shall be as follows: (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) -12 months as to the HVAC systems, and (iiiii) thirty (30) 90 days as to the remaining systems and other elements of the Building. Lessor may obtain a maintenance contract reasonably acceptat4e to Lessee and at Lessee’s cost, to apply during the 12 month warranty period. If Lessee objects to the cost of the maintenance contract, Lessor shall not procure it and the warranty on HVAC shall be 6 months. If Lessee does not give Lessor the required notice within the appropriate warranty period, correction of any such non-compliance compliance, malfunction or failure shall be the obligation of Lessee at Lessee's ’s sole cost and expense.
Appears in 1 contract
Condition. Lessor shall deliver the Premises to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs ("“Start Date"”), and, so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee and in effect within thirty (30) days following the Start Date, warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems ("“HVAC"”), loading doors, sump pumps, if any, and all other such elements in the Premises, other than those constructed by Lessee, shall be in good operating condition on said date and that the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the "“Building"”) shall be free of material defects. If a non-compliance with said warranty exists as of the Start Date, or if one of such systems or elements should malfunction or fail within the appropriate warranty period, Lessor shall, as Lessor's ’s sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, malfunction or failure, rectify same at Lessor's ’s expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this The warranty withinperiods shall be as follows: (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) 6 months as to the HVAC systems, and (iiiii) thirty ninety (3090) days as to the remaining systems and other elements of the Building. If Lessee does not give Lessor the required notice within the appropriate warranty period, correction of any such non-compliance compliance, malfunction or failure shall be the obligation of Lessee at Lessee's ’s sole cost and expense.
Appears in 1 contract
Condition. Lessor shall deliver that portion of the Premises contained within the Building ('Unit") to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs ("Start Date"), and, so long as the required service contracts described in In Paragraph 7.1(b) below are obtained by Lessee and In effect within thirty (30) days following the Start Date, warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems ("HVAC"), loading doors, if any, and all other such elements in In the PremisesUnit, other than those constructed by Lessee, shall be in In good operating condition on said date and that the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the "Building") Unit shall be free of material defects. If a non-compliance with said such warranty exists as of the Start Date, or if one of such systems or elements should malfunction or fall within the appropriate warranty period, Lessor shall, as Lessor's sole obligation with respect to such matter, except as otherwise provided in In this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, malfunction or failure, rectify same at Lessor's expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this The warranty withinperiods shall be as follows: (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) 6 months as to the HVAC systems, and (iiiii) thirty (30) 30 days as to the remaining systems and other elements of the BuildingUnit. If Lessee does 'not give Lessor the required notice within the appropriate warranty period, correction of any such non-compliance compliance, malfunction or failure shall be the obligation of Lessee at Lessee's sole cost and expenseexpense (except for the repairs to the fire sprinkler systems, roof, foundations, and/or bearing walls - see Paragraph 7).
Appears in 1 contract
Samples: uWink, Inc.
Condition. Lessor shall deliver the Premises to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs ("Start Date"), and, so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee and in effect within thirty (30) days following the Start Date, warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems ("HVAC"), loading doors, sump pumps, if any, and all other such elements in the Premises, other than those constructed by Lessee, shall be in good operating condition on said date and date, that the surface and structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the "Building") shall be free of material defects, and that the Unit does not contain hazardous levels of any mold or fungi defined as toxic under applicable state or federal law. If a non-compliance with said warranty exists as of the Start Date, or if one of such systems or elements should malfunction or fail within the appropriate warranty period, Lessor shall, as Lessor's sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, malfunction or failure, rectify same at Lessor's expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this The warranty withinperiods shall be as follows: (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) 6 months as to the HVAC systems, and (iiiii) thirty (30) 30 days as to the remaining systems and other elements of the Building. If Lessee does not give Lessor the required notice within the appropriate warranty period, correction of any such non-compliance compliance, malfunction or failure shall be the obligation of Lessee at Lessee's sole cost and expense., except for the roof, foundations, and bearing walls which are handled as provided in paragraph 7. Lessor also warrants, that unless otherwise specified in writing, Lessor is unaware of (i) any recorded Notices of Default affecting the Premise; (ii) any delinquent amounts due under any loan secured by the Premises; and (iii) any bankruptcy proceeding affecting the Premises. DRAFT
Appears in 1 contract
Samples: migcres.com
Condition. Lessor shall deliver that portion of the Premises contained within the Building ("Unit") to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs ("Start Date"), and, so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee and in effect within thirty (30) days following the Start Date, warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems ("HVAC"), loading doors, sump pumps, if any, and all other such elements in the PremisesUnit, other than those constructed by Lessee, shall be in good operating condition on said date and date, that the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the "Building") Unit shall be free of material defects, and that the Unit does not contain hazardous levels of any mold or fungi defined as toxic under applicable state or federal law. If a non-compliance non‐compliance with said such warranty exists as of the Start Date, or if one of such systems or elements should malfunction or fail within the appropriate warranty period, Lessor shall, as Lessor's sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after aGer receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliancenon‐compliance, malfunction or failure, rectify same at Lessor's expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this The warranty withinperiods shall be as follows: (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) 6 months as to the HVAC systems, and (iiiii) thirty (30) 30 days as to the remaining systems and other elements of the BuildingUnit. If Lessee does not give Lessor the required notice within the appropriate warranty period, correction of any such non-compliance non‐compliance, malfunction or failure shall be the obligation of Lessee at Lessee's sole cost and expense.expense (except for the repairs to the fire sprinkler systems, roof, foundations, and/or bearing walls ‐ see Paragraph 7). Lessor also warrants, that unless otherwise specified in writing, Lessor is unaware of (i) any recorded Notices of Default affecting the Premise; (ii) any delinquent amounts due under any loan secured by the Premises; and
Appears in 1 contract
Samples: images4.showcase.com
Condition. Lessor shall deliver that portion of the Premises contained within the Building ("Unit") to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs ("Start Date"), and, so long as the required service contracts described in Paragraph 7.1(b7.1 (b) below are obtained by Lessee and in effect within thirty sixty (3060) days following the Start Date, warrants that the existing electrical, plumbing, fire fire, sprinkler, lighting, heating, ventilating and air conditioning systems ("HVAC"), loading doors, if any, and all other such elements in the PremisesUnit, other than those constructed by Lessee, shall be in good operating condition on said date and that the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the "Building") Unit shall be free of material defects. If a non-compliance with said such warranty exists as of the Start Date, or if one of such systems or elements should malfunction or fail within the appropriate warranty period, Lessor shall, as Lessor's sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, malfunction or failure, rectify same at Lessor's expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this The warranty withinperiods shall be as follows: (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) months as to the HVAC systems, and (iiiii) thirty three (303) days months as to the remaining systems and other elements of the BuildingUnit. If Lessee does not give Lessor the required notice within the appropriate warranty period, correction of any such non-compliance malfunction or failure shall be the obligation of Lessee at Lessee's sole solo cost and expenseexpense (except for the repairs to the fire sprinkler systems, roof, foundations and/or bearing walls-see Paragraph 7).
Appears in 1 contract
Samples: Navarre Corp /Mn/
Condition. Lessor shall deliver the Premises to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs ("“Start Date"”), and, so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee within thirty (30) days following the Start Date, and warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems ("“HVAC"”), loading doors, sump pumps, if any, and all other such elements in the Premises, other than those constructed by Lessee, shall be in good operating condition on said date and that the surface and structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the "“Building"”) shall be free of material defects, and that the Premises does not contain hazardous levels of any mold or fungi defined as toxic under applicable state of federal law. If a non-compliance with said warranty exists as of the Start Date, or if one of such systems or elements should malfunction or fail within the appropriate warranty period, Lessor shall, as Lessor's ’s sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, malfunction or failure, rectify same at Lessor's ’s expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this The warranty withinperiods shall be as follows: (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) 6 months as to the HVAC systems, and (iiiii) thirty (30) 30 days as to the remaining systems and other elements of the Building. If Lessee does not give Lessor the required notice within the appropriate warranty period, correction of any such non-compliance compliance, malfunction or failure shall be the obligation of the Lessee at Lessee's ’s sole cost and expense, except as provided in Paragraph 7. Lessee warrants that all Systems referenced in this Paragraph 2.2 shall be serviced by qualified technicians at regular intervals as recommended by the service contractor or the manufacturer.
Appears in 1 contract
Samples: Fox Factory Holding Corp
Condition. Lessor shall deliver the Premises to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs ("“Start Date"”), and, so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee and in effect within thirty (30) days following the Start Date, warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems ("“HVAC"”), loading doors, sump pumps, if any, and all other such elements in the Premises, other than those constructed by Lessee, shall be in good operating condition on said date and date, that the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the "“Building"”) shall be free of material defects, and that the Premises do not contain hazardous levels of any mold or fungi defined as toxic under applicable state or federal law. If a non-compliance with said warranty exists as of the Start Date, or if one of such systems or elements should malfunction or fail within the appropriate warranty period, Lessor shall, as Lessor's ’s sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, malfunction or failure, rectify same at Lessor's ’s expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this The warranty withinperiods shall be as follows: (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) 6 months as to the HVAC systems, and (iiiii) thirty (30) 30 days as to the remaining systems and other elements of the Building. If Lessee does not give Lessor the required notice within the appropriate warranty period, correction of any such non-compliance compliance, malfunction or failure shall be the obligation of Lessee at Lessee's ’s sole cost and expense. Lessor also warrants, that unless otherwise specified in writing, Lessor is unaware of (i) any recorded Notices of Default affecting the Premise; (ii) any delinquent amounts due under any loan secured by the Premises; and (iii) any bankruptcy proceeding affecting the Premises.
Appears in 1 contract
Samples: Hancock Jaffe Laboratories, Inc.
Condition. Lessor shall deliver the Premises to Lessee broom clean and free of debris on the Commencement Date or of the Early Possession Date, whichever first occurs ("“Start Date"”), and, so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee and in effect within thirty (30) days following the Start Date, warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems ("“HVAC"”), loading doors, sump pumps, if any, and all other such elements in the Premises, other than those constructed by Lessee, shall be in good operating condition on said date and that the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the "“Building") shall be free of material defects, and that the Premises do not contain hazardous levels of any mold or fungi defined as toxic under applicable state or federal law. If a non-compliance with said warranty exists as of the Start Date, or if one of such systems or elements should malfunction or fail within the appropriate warranty period, Lessor shall, as Lessor's ’s sole obligation with respect to such matter, matter except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, malfunction or failure, rectify same at Lessor's ’s expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this The warranty withinperiods shall be as follows: (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) 6 months as to the HVAC systems, and (iiiii) thirty (30) 30 days as to the remaining systems and other elements of the Building. If Lessee does not give Lessor the required notice within the appropriate warranty period, correction of any such non-compliance compliance, malfunction or failure shall be the obligation of Lessee at Lessee's ’s sole cost and expense.
Appears in 1 contract
Samples: Lease
Condition. Lessor shall deliver that portion of the Premises contained within the Building ("Unit") to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs ("Start Date"), and, so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee and in effect within thirty (30) days following the Start Date, warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems ("HVAC"), loading doors, sump pumps, if any, and all other such elements in the PremisesUnit, other than those constructed by Lessee, shall be in good operating condition on said date and date, that the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the "Building") Unit shall be free of material defects, and that the Unit does not contain hazardous levels of any mold or fungi defined as toxic under applicable state or federal law. If a non-compliance noncompliance with said such warranty exists as of the Start Date, or if one of such systems or elements should malfunction or fail within the appropriate warranty period, Lessor shall, as Lessor's sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliancenoncompliance, malfunction or failure, rectify same at Lessor's expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this The warranty withinperiods shall be as follows: (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) 6 months as to the HVAC systems, and (iiiii) thirty (30) 30 days as to the remaining systems and other elements of the BuildingUnit. If Lessee does not give Lessor the required notice within the appropriate warranty period, correction of any such non-compliance noncompliance, malfunction or failure shall be the obligation of Lessee at Lessee's sole cost and expenseexpense (except for the repairs to the fire sprinkler systems, roof, foundations, and/or bearing walls see Paragraph 7). Lessor also warrants, that unless otherwise specified in writing, Lessor is unaware of (i) any recorded Notices of Default affecting the Premise; (ii) any delinquent amounts due under any loan secured by the Premises; and (iii) any bankruptcy proceeding affecting the Premises.
Appears in 1 contract
Samples: Exagen Inc.
Condition. Lessor shall deliver that portion of the Premises contained within the Building ("Unit") to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs ("Start Date"), and, so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee and in effect within thirty (30) days following the Start Date, warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems ("HVAC"), loading doors, if any, and all other such elements in the PremisesUnit, other than those constructed by Lessee, shall be in good operating condition on said date and that the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the "Building") Unit shall be free of material defects. If a non-compliance with said such warranty exists as of the Start Date, or if one of such systems or elements should malfunction or fail within the appropriate warranty period, Lessor shall, as Lessor's sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of or written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, malfunction or failure, rectify same at Lessor's expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this The warranty withinperiods shall be as follows: (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) 6 months as to the HVAC systems, and (iiiii) thirty (30) 30 days as to the remaining systems and other elements of the BuildingUnit. If Lessee does not give Lessor the required notice within the appropriate warranty period, correction of any such non-compliance compliance, malfunction or failure shall be the obligation of Lessee at Lessee's sole cost and expenseexpense (except for the repairs to the fire sprinkler systems, roof, foundations, and/or bearing walls - see Paragraph 7).
Appears in 1 contract
Samples: Xoma LTD /De/
Condition. Lessor shall deliver that portion of the Premises contained within the Building ("Unit") to Lessee broom clean dean and free of debris on the Commencement Date or the Early Possession Xxxxxxxxxx Date, whichever Whichever first occurs ("Start Date"), and, so long as the required service contracts described in In Paragraph 7.1(b) below are obtained by Lessee and In effect within thirty (30) days following the Start Date, warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems ("HVAC"), loading doors, if any, and all other such elements in In the PremisesUnit, other than those constructed by Lessee, shall be in good operating condition on said sold date and that the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the "Building") Unit shall be free of material defects. If a non-compliance with said such warranty exists as of the Start Date, or If one of such systems or elements should malfunction or fail within the appropriate warranty period, Lessor shall, as Lessor's Lessors sole obligation with respect to such matter, except as Initials otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity specificity, the nature and extent of such non-compliance. malfunction or failure, rectify same at Lessor's expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this The warranty withinperiods shall be as follows: (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) 6 months as to the HVAC systems, and (iiiii) thirty (30) 30 days as to the remaining systems and other elements of the Building, correction Unit. If Lessee does not give Lessor the required notice within the appropriate warranty period. Correction of any such non-compliance compliance, malfunction or failure shall be the obligation of Lessee at Lessee's sole cost and expenseexpense (except for the repairs to the fro sprinkler systems. roof, foundations, and/or bearing walls see Paragraph 7).
Appears in 1 contract
Samples: Motorcar Parts America Inc
Condition. Lessor shall deliver the Premises (“Unit”) to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs ("“Start Date"”), and, so long as the required service contracts described in Paragraph 7.1(b) Section 8.1.2 below are obtained by Lessee and in effect within thirty (30) days following the Start Date, warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems ("“HVAC"”), loading doors, sump pumps, if any, and all other such elements in the PremisesUnit, other than those constructed by Lessee, shall be in good operating condition on said date and date, that the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the "Building") Unit shall be free of material defects, and that the Unit does not contain hazardous levels of any mold or fungi defined as toxic under applicable state or federal law. If a non-compliance with said such warranty exists as of the Start Date, or if one of such systems or elements should malfunction or fail within the appropriate warranty period, Lessor shall, as Lessor's ’s sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, malfunction or failure, rectify same at Lessor's ’s expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this The warranty withinperiods shall be as follows: (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) three months as to the HVAC systems, and (iiiii) thirty (30) 30 days as to the remaining systems and other elements of the BuildingUnit. If Lessee does not give Lessor the required notice within the appropriate warranty period, correction of any such non-compliance compliance, malfunction or failure shall be the obligation of Lessee at Lessee's ’s sole cost and expenseexpense (except for the repairs to the fire sprinkler systems, roof, foundations, and/or bearing walls - see Section 8).
Appears in 1 contract
Samples: Vital Therapies Inc