CONSTRUCTION & POSSESSION Sample Clauses

CONSTRUCTION & POSSESSION. 8.1. THAT the Company shall, under normal circumstances, complete the construction of Block in which the Said Serviced Suite is to be located within a period of 42 (forty two) months with the grace period of 6 (six) months and subject to force majeure from the date of execution of this Agreement or start of construction of the Block wherein the Said Serviced Suite is located (whichever is later) in accordance with the said Approved Plans and specifications seen and accepted by the Allottee (with additional floors with Units if permissible) with such additions, deletions, alterations, modifications in the layout plans, change in number, dimensions, height, size, area or change of entire scheme, which the Company may consider or may be required by any competent authority to be made in them or any of them. In case, these changes are required after execution of the Sale/Conveyance Deed, then in order to implement those, any Supplementary Deed/Agreement, if necessary, will be executed and registered by the Company. In case the same are warranted prior to the execution of the Sale /Conveyance Deed, Company’s intimation to the Allottee shall be enough.
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CONSTRUCTION & POSSESSION. Landlord's delivery to Tenant of the Premises for the commencement of Tenant's Work establishes acceptance of the Premises by Tenant in satisfactory condition and in full compliance with all of Landlord's covenants and obligations. Tenant shall accept possession upon substantial completion of Landlord's Work, if any. No representations or inducements respecting the condition of the Premises have been made to Tenant that any other tenants have leased or will continue to lease space within the Shopping Center or that Tenant has any product exclusive unless stated herein to the contrary. Tenant shall perform Tenant's Work in accordance with the Landlord's requirements and shall install such first class stock, fixtures and equipment and perform such other work as shall be necessary to prepare the Premises for the opening and continuous operation of business. Tenant shall pay for temporary utilities from the date when the Premises is made available to Tenant for Tenant's Work (or from the date when Tenant commences to perform its Tenant's Work, if earlier) until Commencement Date. SEE SPECIAL STIPULATION RIDER #1.
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CONSTRUCTION & POSSESSION. (A) Except as expressly set forth herein, Tenant agrees to accept possession of the Premises in "as is" condition and hereby acknowledges that no representations or inducements respecting the condition of the Premises have been made to Tenant by Landlord or any of its authorized representatives. The only work that Landlord agrees to do within the Premises relates to the new divider wall, bathrooms and the HVAC. Landlord also agrees to deliver the Premises with electrical and plumbing in good working order and shall relocate the existing signage at the Premises, as more particularly set forth in Section 14b. All tasks described in this Article, which Landlord hereby agrees to perform, hereafter shall be referred to collectively as “Landlord’s Work.” Landlord acknowledges and agrees that the Premises shall not be delivered to Tenant until Landlord has completed Landlord’s Work and has received all required government approvals for Landlord’s Work.
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CONSTRUCTION & POSSESSION. On the date that Landlord delivers the Premises to Tenant, Tenant agrees that it accepts possession of the Premises in an “as is” condition and that no representations or inducements respecting the condition of the Premises have been made to Tenant by Landlord or any of Landlord’s agents or representatives. Similarly, Tenant hereby acknowledges that no promises to decorate, alter, repair, or improve the Premises, either before or after the execution hereof, have been made by Landlord or its agents or representatives. Tenant shall perform all work in the Premises, including Tenant’s initial work, in accordance with commercial construction practices and shall thereafter install such stock, fixtures and equipment and perform such other work (subject to Landlord’s prior written approval) as shall be necessary or appropriate in order to prepare the Premises for the opening and continuous operation of its business thereon. In preparing the Premises for its occupancy and the operation of its business therein, Tenant shall observe and perform all of its obligations under this Lease.
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CONSTRUCTION & POSSESSION. Landlord's delivery to Tenant of the Premises in substantial compliance with all of the terms of this Lease for the commencement of Tenant's Work establishes acceptance of the Premises by Tenant in satisfactory condition and in full compliance with all of Landlord's covenants and obligations. For the purposes hereof, if a certificate of occupancy is issued by the governing authority for either the Premises or the building of which the Premises is a part upon the completion of the Landlord's Work, then Landlord shall obtain the same prior to delivery of the Premises to Tenant if the Tenant's Work cannot commence without the issuance of such certificate of occupancy. In all events, Landlord shall obtain any such certificate of occupancy with regard to the Landlord's Work in a timely manner so as not to delay Tenant's Work or Tenant's opening for business. Subject to the terms and conditions of this Lease and the Handbook, Landlord shall perform Landlord's Work at its cost and expense. Tenant shall accept possession upon substantial completion of Landlord's Work; provided, however, Landlord shall remain liable for any Punchlist (as hereinafter defined) items. Within thirty (30) days after Tenant's acceptance of the Premises, Landlord and Tenant shall walk through the Premises and prepare a written punchlist describing apparent defects in materials and workmanship which do not comply with the requirements of this Lease (the "Punchlist"). Landlord shall, at its cost and expense, properly repair or restore the items which are described on the Punchlist within thirty (30) days of the date such Punchlist is delivered to Landlord, or if any item listed on the Punchlist shall not be repairable within such thirty (30) day period, then Landlord shall commence such repair or restoration within said thirty (30) days and thereafter diligently pursue such repair or restoration until complete, but in no event later than ninety (90) days from the date of delivery of the Punchlist. Additionally, if within one (1) year of the date on which the Tenant shall accept possession of the Premises, Tenant shall discover any latent defect in Landlord's work with respect to the Premises which was not discoverable through a thorough inspection of the Premises at the time the Punchlist was prepared, Tenant shall provide Landlord with written notice of such latent defect prior to the expiration of such one (1) year period. Landlord shall at its sole cost and expense, promptly repair or re...
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CONSTRUCTION & POSSESSION. Lessor and Lessee hereby agree that Lessee's taking possession of the premises shall be deemed conclusive evidence of Lessee's acceptance of the premises in satisfactory condition and in full compliance with all covenants and obligations of Lessor in connection therewith. Lessee agrees that it will accept possession of the premises in an "as is" condition and that no representations or inducements respecting the condition of the premises have been made to Lessee by Lessor or its authorized representatives. Similarly, Lessee acknowledges that no promises to decorate, alter, repair or improve the premises, either before or after execution hereof, have been made by Lessor or its authorized representative, except as agreed to in writing by the parties and in accordance with the attached Exhibit "C" to this lease, which by reference is made a part of this lease Agreement, reflecting the exact work to be performed. Lessee further agrees that no representations have been made to it that any other tenants will lease or will continue to lease space within the shopping center or that Lessee has any exclusive right to sell merchandise of any type and character, except as may be expressly provided elsewhere herein. It shall be the Lessee's sole obligation and responsibility to make sure the Leased Premises and the Lessee's use of the Leased Premises comply in all regards to the requirements of The Americans With Disabilities Act. If the Leased Premises and the Lessee's use of the Leased Premises does not so comply then such failure to comply shall constitute a default and breach of this Lease by the Lessee.
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CONSTRUCTION & POSSESSION. TENANT acknowledges that no promises to decorate, alter, repair or improve the Premises, either before or after the execution hereof, have been made by the LANDLORD or its authorized representatives, except as the same may be specified in Exhibit C attached hereto and Section 1.19 above. TENANT shall perform all TENANT’S work on the Premises in accordance with Exhibit C attached hereto, and shall thereafter install such-fixtures and equipment to perform such other work as shall be necessary or appropriate in order to prepare the Premises for opening and continuous operation of TENANT’S business thereon.
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CONSTRUCTION & POSSESSION 
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Related to CONSTRUCTION & POSSESSION

  • Construction of the Tenant Improvements Landlord shall construct the Tenant Improvements in accordance with this exhibit and the construction contract to be executed by Landlord and its contractor(s). The construction contract for constructing the Tenant Improvements and the contractor(s) to perform the work shall be approved and/or selected, as the case may be, by Landlord at its sole and absolute discretion without the consent of Tenant.

  • Construction, Etc Each covenant contained herein shall be construed (absent express provision to the contrary) as being independent of each other covenant contained herein, so that compliance with any one covenant shall not (absent such an express contrary provision) be deemed to excuse compliance with any other covenant. Where any provision herein refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person. For the avoidance of doubt, all Schedules and Exhibits attached to this Agreement shall be deemed to be a part hereof.

  • Construction of Project 11.1.1 Developer agrees to cause the Project to be developed, constructed, and installed in accordance with the terms hereof and the Construction Provisions set forth in Exhibit D, including those things reasonably inferred from the Contract Documents as being within the scope of the Project and necessary to produce the stated result even though no mention is made in the Contract Documents.

  • Construction of Tenant Improvements After the Landlord and Ground Lessor (in accordance with Paragraph 12 hereof) approve Tenant’s Plans and Tenant receives any necessary building permits, Tenant shall administer and diligently prosecute the construction of Tenant Improvements in accordance with Tenant’s Plans, in compliance with applicable Laws, and using building standard material, subject to Landlord’s right, at its election, to itself construct the Restroom Improvements. All Tenant Improvements (other than, if applicable, the Restroom Improvements) shall be constructed by Tenant’s Contractor (and/or its subcontractors), and Tenant shall be responsible for project management with respect to construction of the Tenant Improvements. During construction of the Tenant Improvements, Tenant and its contractors and subcontractors (i) shall not interfere with the access to, use of, or business conducted within any other portions of the Project by other tenants or occupants, (ii) shall use diligent efforts to coordinate the timing of work, deliveries and other construction matters with tenants or occupants of the Project that could be adversely impacted by such work, deliveries and construction matters, including, without limitation, by scheduling work CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH “[***]”. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECRETARY OF THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIAL TREATMENT UNDER RULE 406 OF THE SECURITIES ACT OF 1933. that would create noise, vibrations, dust or other similar annoyances to other tenants or occupants of the Project outside normal business hours, notwithstanding any additional cost (for overtime or otherwise) that Tenant may incur, (iii) shall clean and secure construction and staging areas daily, (iv) shall stage all construction and store all construction materials and equipment in a location designated by Landlord (in Landlord’s sole discretion) on the Project, and (v) shall otherwise abide by all rules and requirements established or imposed by Landlord relating to the performance of the Tenant Improvements, including rules relating to any required shutdown of utilities (including life-safety systems), storage of materials, and coordination of work with other tenant’s or occupant’s contractors. Tenant shall not be charged any construction management fee for Landlord’s review of Tenant’s Plans or any oversight of the construction of the Tenant Improvements.

  • Construction of the Project The Allottee has seen the proposed layout plan, specifications, amenities and facilities of the Apartment/ Plot and accepted the floor plan, payment plan and the specification, amenities and facilities annexed along with this Agreement which has been approved by the competent authority, as represented by the Promoter. The Promoter shall develop the Project in accordance with the said layout plans, floor plans and specifications, amenities and facilities. Subject to the terms in this Agreement, the Promoter undertakes to strictly abide by such plans approved by the competent authorities and shall also strictly abide by the bye-laws, FAR, and density norms and provisions prescribed by the relevant building bye-laws and shall not have an option to make any variation/ alteration/ modification in such plans, other than in the manner provided under the Act, and breach of this term by the Promoter shall constitute a material breach of this Agreement.

  • TERM; POSSESSION The Term of this Lease shall commence on the Commencement Date and shall end on the Expiration Date, unless extended or sooner terminated in accordance with this Lease. If Landlord is delayed in delivering possession of all or any portion of the Premises to Tenant as of the Commencement Date, Tenant will take possession on the date Landlord delivers possession, which date will then become the Commencement Date (and the Expiration Date will be extended so that the length of the Term remains unaffected by such delay). Subject to this Section 4, Landlord shall not be liable for any loss or damage to Tenant resulting from any delay in delivering possession due to the holdover of any existing tenant or other circumstances outside of Landlord’s reasonable control. In the event that the Tenant Improvements are not Substantially Completed within one hundred (100) days following the date that Landlord receives a building permit to commence the Tenant Improvements in the Premises (the “Delivery Date”), subject to Tenant Delay or force majeure (in the event of either, the Delivery Date shall be extended by one (1) day for each one (1) day of Tenant Delay or force majeure), Landlord shall credit Tenant against Minimum Annual Rent due under this Lease an amount equal to the holdover portion of Tenant’s existing rental obligations under Tenant’s existing Lease actually incurred by Tenant following the Delivery Date, which Tenant represents to Landlord is equal to $17,031.13 per month. Notwithstanding anything in this Lease to the contrary, if the Commencement Date has not occurred on or before one hundred ninety (190) days following the date that Landlord receives a building permit for the Tenant Improvements, for any reason other than Tenant Delay or force majeure, then Tenant shall have the right to terminate this Lease by written notice to Landlord, as Tenant’s sole and exclusive remedy with respect to such delay, except as provided above, subject to Tenant giving Landlord thirty (30) days’ advance written notice of its intention to terminate this Lease if Substantial Completion shall not occur within such thirty (30) day period, in which event all amounts prepaid or deposited by Tenant hereunder shall be promptly returned to Tenant.

  • Quiet Possession Upon Tenant paying the rent reserved hereunder and observing and performing all of the covenants, conditions and provisions on Tenant's part to be observed and performed hereunder, Tenant shall have quiet possession of the Premises for the entire term hereof, subject to all the provisions of this Lease.

  • CONSTRUCTION OF PREMISES Landlord will diligently perform “Landlord’s Work” and Tenant will diligently perform “Tenant’s Work” (if any) as described in the Workletter attached as Exhibit “F” in accordance with the Workletter and the rest of this Lease. Landlord’s Work will be deemed substantially completed even if Landlord has not completed “punch list” or other minor items, as long as (i) Landlord agrees to use reasonable efforts to complete these items within thirty (30) days of signing the punch-list, excluding any items which require special materials or equipment that are unavailable; and (ii) the punch-list items can be completed after Tenant’s occupancy without causing substantial interference with Tenant’s use of the Premises. Tenant’s final punch list will be submitted to Landlord with in fifteen (15) days after Landlord notifies Tenant that Landlord’s Work is substantially completed. Substantial completion of Landlord’s Work will be deemed to have occurred on the earlier of: the date as of which Landlord’s architect certifies in good faith that Landlord’s Work has been substantially completed in substantial conformance with the plans and specifications therefore (or the date as of which such substantial completion would have occurred but for any delays or Tenant’s Work for which Tenant is responsible); or the date that the applicable governmental authorities issue a temporary or final certificate of occupancy for the Premises (or the date as of which such a certificate of occupancy reasonable could have been issued but for any delays or Tenant’s Work for which Tenant is responsible). If and as long as Tenant does not interfere in any way with the construction process (by causing disharmony, scheduling or coordinating difficulties, etc.) Tenant, may, at Tenant’s sole risk and expense, enter the Premises 30 days prior to the substantial completion of Landlord’s Work (“Early Access Period”) for the purposes of installing Tenant’s decorations, movable furniture and business fixtures. The determination of such interference by Landlord shall be conclusive. The Early Access Period shall commence upon Tenant’s receipt of Landlord’s notice of same. For the time period commencing on the date that Landlord’s Work is substantially complete and ending on the date that is ten days after such substantial completion (the “Fixture Period”), Tenant shall have the right to access the Premises for the purposes of installing its furniture, fixtures, audio/visual, security, and other equipment Any access by Tenant prior to the Lease Commencement Date shall be subject to all the terms and conditions of this Lease, except that Tenant shall not be obligated to pay rent during the Fixture Period.

  • Construction Warranty At the Closing, Seller shall assign to Buyer all construction warranties with respect to the Hotel, which assignment shall be in form and substance reasonably satisfactory to Buyer, including a warranty by the Contractor, for the period ending not sooner than one (1) year after the date the Hotel is Substantially Completed, in the form of the warranty attached hereto as Exhibit H (the “Construction Warranty”).

  • Construction of Improvements (A) Lessee warrants and agrees that the Building will be constructed on the Leased Premises, and all other improvements to the land, including the parking lot, approaches, and service areas, will be constructed in all material respects by Lessee substantially in accordance with the plot, plans, and specifications heretofore submitted to Lessor.

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