Common use of Defective Condition at Delivery Date Clause in Contracts

Defective Condition at Delivery Date. In the event that it is determined, and Tenant notifies Landlord in writing within six (6) months after the Delivery Date, that the Building systems described in Section 5.03(b) above were not in good working condition and repair as of the Delivery Date, and such failure was not caused by Tenant, then it shall be the obligation of Landlord, and the sole right and remedy of Tenant, after receipt of written notice from Tenant setting forth with specificity the nature of the failed performance, to promptly, within a reasonable time and at Landlord’s sole cost, to correct such failure. Tenant’s failure to give such written notice to Landlord within six (6) months after the Delivery Date shall constitute a conclusive presumption that such Building systems are in good working condition and repair, and any required correction after that date shall be performed by the party responsible for such repair pursuant to the terms of this Lease.

Defective Condition at Delivery Date. In the event that it is determined, and Tenant notifies Landlord in writing within six twelve (612) months after the Delivery Commencement Date, that the Building systems described statement made in Section 5.03(bSubsection 5.02(a) above were not in good working condition and repair as of the Delivery Dateis untrue, and such failure was not caused by Tenant, then it shall be the obligation of Landlord, and the sole right and remedy of Tenant, after receipt of written notice from Tenant setting forth with specificity the nature of the failed performance, to promptly, within a reasonable time and at Landlord’s sole cost, to correct such failure. Tenant’s failure to give such written notice to Landlord within six twelve (612) months after the Delivery Commencement Date shall constitute a conclusive presumption that such Building systems are the Premises is in good working condition and repaircompliance with all applicable laws, and any required correction after that date shall be performed by the party responsible for such repair pursuant to the terms of this Lease.