Delivery of Demised Premises. Upon the expiration or termination of this Master Lease from whatsoever cause with respect to any or all of the Demised Premises or a portion thereof, including without limitation any termination under Section 1.6, 1.7 or 1.8, with respect to casualty or Condemnation, or as a result of any Event of Default, Tenant shall surrender and deliver the affected Demised Premises to Landlord, together with all Alterations which are Landlord’s property under this Master Lease, (a) vacant and free from all occupants and tenancies, including without limitation all Subleases, (b) broom-clean and in proper order and condition of repair as required by the other provisions of this Master Lease, reasonable wear and tear excepted, (c) in compliance with all Legal Requirements, Encumbrances and all other requirements of this Master Lease, (d) with all Tenant’s Property removed and all Alterations removed which Tenant is entitled to remove and has elected to remove in its sole discretion (and the Demised Premises completely restored with respect to all of the removed Alterations), (e) with all Known Environmental Problems remediated only as and to the extent expressly provided in Schedule 20.3 to the Side Letter, and otherwise subject to Section 20.3(b) including with respect to all SACs in respect of such Known Environmental Problems, with all hydraulic lifts and pits, waste-handling equipment, oil-water separators and all other machinery, facilities and equipment for SAC operations removed, whether located at the SACs or elsewhere on or about the Demised Premises as and to the extent required by Environmental Law, and (f) free and clear of all Encumbrances, other than (x) Permitted Encumbrances (except for (A) Excepted Liens and (B) Subleases, the Sears Hometown License Agreement, and the Lands’ End Agreements), and (y) Permitted Encumbrances (excluding Excepted Liens, except in the case of a Master Lease termination with respect to the Recapture Space in which the Master Lease continues with respect to the Tenant Retained Space, in which case Excepted Liens shall be permitted so long as Security for Excepted Liens is provided to Landlord) and Landlord Encumbrances (provided, however, that Tenant shall remain liable for the payment and discharge of all Excepted Liens). Notwithstanding the foregoing, in the event of a Master Lease termination as a result of casualty or Condemnation, the foregoing provisions with respect to Alterations, and subparagraph (b), shall not apply t...
Delivery of Demised Premises. Landlord shall deliver the Demised Premises to Tenant in its current “As-Is” condition upon full execution of this Lease.
Delivery of Demised Premises. 2 ARTICLE 4. RENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Delivery of Demised Premises. 3.1 Except to the extent modified by Landlord's express assumption of construction obligations, if any, in EXHIBIT "B" attached to this lease, the Demised Premises is being leased "AS IS," with Tenant accepting all defects, if any; and Landlord makes no warranty of any kind, express or implied, with respect to the Demised Premises (without limitation, Landlord makes no warranty as the habitability, fitness or suitability of the Demised Premises for a particular purpose nor as to the absence of any toxic or otherwise hazardous substances). This Section 3.1 is subject to any contrary requirements under applicable law; however, in this regard Tenant acknowledges that it has been given the opportunity to inspect the Demised Premises and to have qualified experts inspect the Demised Premises prior to the execution of this lease.
Delivery of Demised Premises. If the Landlord shall be unable to give possession of the Demised Premises within nine (9) months of receiving the building permit from the City of Melbourne, exclusive of Excusable Delays ("Completion Date") or because a certificate of occupancy has not been procured, Landlord shall not be subject to any liability for such inability to give possession under such circumstances. The payment of rent shall not commence until the Commencement Date. The failure to give possession on the Completion Date shall not affect the validity of this Lease or the obligations of Tenant hereunder or extend the Demised Terms, provided, however, in the event Landlord is unable to give possession on or before the tenth (10th) month after receiving the building permit from the township (exclusive of Excusable Delays), then Tenant shall have the option of declaring the Lease terminated by giving Landlord written notification thereof, by registered mail, within two (2) weeks of the first day of said tenth (10th) month.
Delivery of Demised Premises. Lessor shall deliver to Lessee physical possession of the demised premises on . Tenant shall deliver to Lessor physical possession of the demised premises upon the termination of this Lease Agreement in the same condition and state of repair as when Xxxxxx took possession of the same, ordinary wear and tear and acts of God excepted.
Delivery of Demised Premises. 3.1 Landlord shall deliver possession of the Demised Premises to Tenant in “as is” condition without any representation or warranty by Landlord as to the condition thereof and without Landlord performing or providing any labor, work or material therefore except as set forth on Exhibit “C” attached hereto (collectively, the “Landlord’s Work”). Landlord agrees to perform the Landlord’s Work in a good and workmanlike manner and to use commercially reasonable efforts to substantially complete the Landlord’s Work by December 31, 2012. If Landlord shall be unable to give possession of Demised Premises on the Commencement Date by reason of the holding over or retention of possession of any tenant or occupant, or if the Landlord’s Work has not yet been substantially completed, or for any other reason, Landlord shall not be subject to any liability for failure to give possession on said date. Under such circumstances rent reserved and covenanted to be paid herein shall not commence until possession of Demised Premises is given or the Demised Premises is available for occupancy by Tenant with the work required under Exhibit “C” substantially completed, and no such failure to give possession on the Commencement Date shall in any other respect affect the validity of this Lease or the obligations of Tenant hereunder. However, if Landlord shall be delayed in the completion of its work by reason of any act or omission of Tenant, or any agent, employee or contractor of Tenant (collectively, a “Tenant Delay”), such Tenant Delay shall not affect the Commencement Date, and the Commencement Date shall be determined by Landlord based upon the date the work required of Landlord would have been completed in the absence of such Tenant Delay. Promptly after the determination of the Commencement Date and the Rent Commencement Date (defined below), Landlord and Tenant shall enter into a letter agreement (the “Commencement Letter”) on the form attached hereto as Exhibit “D” setting forth the Commencement Date, Rent Commencement Date, the termination date and any other dates that are affected by the adjustment of the Commencement Date and/or the Rent Commencement Date. Tenant, within seven (7) days after receipt thereof from Landlord, shall execute the Commencement Letter and return the same to Landlord.
Delivery of Demised Premises. Lessee warrants it has inspected the Demised Premises and accepts possession of the Demised Premises, to include any existing Improvements thereon, in its “as-is” and “where-is” present condition, and subject to all limitations imposed upon the use thereof by the rules and regulations of the Federal Aviation Administration, Virginia Department of Aviation and by ordinances of the City, and admits its suitableness and sufficiency for the Permitted Use hereunder.
Delivery of Demised Premises. Lessee warrants it has inspected the Demised Premises and accepts possession of the Demised Premises, to include any existing Improvements thereon, in its “as-is” and “where-is” present condition, and subject to all limitations imposed upon the use thereof by the rules and regulations of the Federal Aviation Administration, Virginia Department of Aviation and by ordinances of the City, and admits its suitableness and sufficiency for the Permitted Use hereunder. Except as may otherwise be provided for herein, the City shall not be required to maintain nor to make improvements, repairs or restoration upon or to the Demised Premises or to any of the Improvements presently located thereon. The City shall never have any obligation to repair, maintain or restore, during the Term of this Agreement, any of the Improvements currently upon or hereafter placed upon the Demised Premises by the Lessee, its successors and assigns.
