Delivery of Expansion Premises. Landlord shall tender possession of the Expansion Premises to Tenant promptly following the waiver by Tenant of the contingency set forth above in Paragraph 6 (the “Waiver Date”); provided, however such tender of possession of the Expansion Premises shall not include Suites 32, 81, 82, 83 and 84 (the “Exception Suites”) within the Expansion Premises Building. Landlord shall tender possession of the Exception Suites to Tenant in grey shell condition as more fully described in Exhibit “D” hereto on or before the date that is one hundred twenty-five (125) days after the Waiver Date. No representations, inducements, understanding or anything of any nature whatsoever, made, stated or represented by Landlord or anyone acting for or on Landlord’s behalf, either orally or in writing, have induced Tenant to enter into this Amendment, and Tenant acknowledges, represents and warrants that Tenant has entered into this Amendment under and by virtue of Tenant’s own independent investigation. Except for Landlord’s representation and warranties in this Amendment or the Lease, Tenant hereby shall accept the Expansion Premises (except the Exception Suites) in its current “as is” and “where is” condition without warranty of any kind, express or implied, including, without limitation, any warranty as to title, physical condition or the presence or absence of Hazardous Materials, and if the Expansion Premises (except the Exception Suites) are not in all respects entirely suitable for the use or uses to which the Expansion Premises or any part thereof will be put, then it is the sole responsibility and obligation of Tenant to take such action as may be necessary to place the Expansion Premises (except the Exception Suites) in a condition entirely suitable for such use or uses. IN CONNECTION WITH THE ABOVE, TENANT HEREBY ACKNOWLEDGES AND REPRESENTS TO LANDLORD THAT TENANT HAS HAD AMPLE OPPORTUNITY TO INSPECT AND EVALUATE THE EXPANSION PREMISES AND THE FEASIBILITY OF THE USES AND ACTIVITIES TENANT IS ENTITLED TO CONDUCT THEREON; THAT TENANT IS EXPERIENCED; THAT TENANT WILL RELY ENTIRELY ON TENANT’S EXPERIENCE, EXPERTISE AND ITS OWN INSPECTION OF THE EXPANSION PREMISES IN ITS CURRENT STATE IN PROCEEDING WITH THIS AMENDMENT (SUBJECT TO LANDLORD’S REPRESENTATIONS AND WARRANTIES IN THIS AMENDMENT AND THE LEASE AND LANDLORD’S WORK TO BE PERFORMED WITH RESPECT TO THE EXCEPTION SUITES); TENANT ACCEPTS THE EXPANSION PREMISES IN ITS PRESENT CONDITION (SUBJECT TO LANDLORD’S REPRESENTATIONS...
Delivery of Expansion Premises. Landlord will endeavor to tender possession of the Expansion Premises to Tenant with the Expansion Improvements Substantially Complete on or before the Estimated Expansion Commencement Date; provided, that if the date on which Landlord actually tenders possession of the Expansion Premises to Tenant in such condition does not occur on or before the Estimated Expansion Commencement Date, this Amendment shall not be void or voidable, the Expansion Term shall not be extended, and Landlord shall not be liable to Tenant for any loss or damage resulting therefrom; provided further that Landlord shall use commercially reasonable efforts to tender to Tenant delivery of possession of the Expansion Premises in such condition as soon as reasonably possible after the Estimated Expansion Commencement Date. Notwithstanding the foregoing, Tenant’s obligation to pay Basic Rent, Operating Expenses and Real Property Taxes shall not begin until the actual Expansion Commencement Date. If Landlord is unable to deliver possession of the Expansion Premises to Tenant with the Expansion Improvements Substantially Complete on or before the date which is thirty (30) days after the Estimated Expansion Commencement Date (“Outside Expansion Delivery Date”), which Outside Expansion Delivery Date shall be extended on a day-for-day basis for any delay caused by an event of Force Majeure, a Tenant Delay (as that term is defined in the Expansion Work Letter) or similar matters beyond the reasonable control of Landlord, Tenant shall be entitled to receive an abatement of the Basic Rent attributable to the Expansion Premises on a day-for-day basis for each day between the Outside Expansion Delivery Date and the actual date on which possession of the Expansion Premises is delivered to Tenant with the Expansion Improvements Substantially Complete (“Actual Expansion Delivery Date”), to be applied as a credit toward the Basic Rent next due and payable for the Expansion Premises (for example, if the Outside Expansion Delivery Date is April 15, 2021, and the Actual Expansion Delivery Date is April 20, 2021, then Tenant shall receive a credit toward Basic Rent in an amount equal to four (4) days of the Basic Rent attributable to the Expansion Premises). The remedy set forth in this Section 2 shall be Tenant’s sole and exclusive remedy at law or equity for the matters described herein.
Delivery of Expansion Premises. Tenant shall accept the Expansion Premises and all components thereof including, but not limited to, electrical and mechanical in its presently existing “as-is”, “where-is”, with all faults condition and Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Expansion Premises except as otherwise expressly set forth in the Tenant Work Letter attached hereto as Exhibit C attached hereto and incorporated herein by reference. The acceptance of the Expansion Premises in “as-is” condition shall in no way limit Landlord’s repair obligations set forth in the Lease.
Delivery of Expansion Premises. Landlord shall use reasonable efforts to deliver the Expansion Premises to Tenant on April 1, 2020 in their vacant, “as is” (but broom clean) condition (“Delivery” or “Deliver”). The date on which Landlord Delivers the Expansion Premises to Tenant is referred to as the “Expansion Premises Commencement Date.” Upon request of Landlord, Tenant shall execute and deliver a written acknowledgement of the Expansion Premises Commencement Date when it is established in the form attached hereto as Exhibit B; provided, however, that Tenant’s failure to execute and deliver such acknowledgement shall not affect Landlord’s rights under this First Amendment or the Lease, If Landlord fails to Deliver timely the Expansion Premises, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this First Amendment and the Lease with respect to the Expansion Premises shall not be void or voidable.
Delivery of Expansion Premises. (a) It is hereby acknowledged by the parties hereto that Tenant is currently the occupant of the Expansion Premises pursuant to the provisions of a sublease agreement dated August 29, 2012 (“Sublease”) with Fujitsu Canada, Inc. (“Head Tenant”) for a term which expires as at 11:59 p.m. on August 30, 2013, two (2) days prior to the Delivery Date (as hereinafter defined) (such two (2) day period being hereinafter referred to as the “Reversionary Period”), to which Landlord granted its consent pursuant to a consent agreement between Landlord, Tenant and Head Tenant dated September 4, 2012 (“Consent”).
Delivery of Expansion Premises. Upon Substantial Completion of the Tenant Improvements, Landlord shall deliver possession of the Expansion Premises to Tenant. If Landlord has not Substantially Completed the Tenant Improvements and tendered possession of the Expansion Premises to Tenant on or before the Scheduled Expansion Commencement Date specified in Section 2 — Term; Possession of the Lease, or if Landlord is unable for any other reason to deliver possession of the Expansion Premises to Tenant on or before such date, neither Landlord nor its representatives shall be liable to Tenant for any damage resulting from the delay in completing such construction obligations and/or delivering possession to Tenant and this Amendment shall remain in full force and effect unless and until it is terminated under the express provisions of Paragraph 18 of the body of this Amendment. If any delays in Substantially Completing the Tenant Improvements are attributable to Tenant Delays, then the Expansion Premises shall be deemed to have been Substantially Completed and delivered to Tenant on the date on which Landlord could have Substantially Completed the Expansion Premises and tendered the Expansion Premises to Tenant but for such Tenant Delays.
Delivery of Expansion Premises. The Expansion Premises are leased to, and occupied by, a tenant (the “Existing Tenant”) under a lease which expires June 30, 2007. Landlord shall deliver possession of the Expansion Premises to Tenant promptly after the Existing Tenant has vacated the Expansion Premises. If Landlord does not deliver the Expansion Premises to Tenant on or before July 10, 2007, then the Commencement Date shall be extended day-for-day for each day after July 10, 2007 until Landlord delivers possession of the Expansion Premises to Tenant.
Delivery of Expansion Premises. Subject to obtaining the Required Consents, the Subtenant shall deliver possession of the Expansion Premises to Sub-Sublessee on a date (the "Expansion Premises Effective Date"), which shall be not earlier than May 1, 1998 nor later than August 31, 1998. Subtenant shall notify Sub-Sublessee of the Expansion Premises Effective Date not less than sixty (60) days prior to the Expansion Premises Effective Date, provided that if Subtenant fails to give such written notice, the Expansion Premises Effective Date shall be August 31, 1998. Beginning on the Expansion Premises Effective Date, the Expansion Premises shall be included in the Sub-Sublease Premises for all purposes of the Amended Sub-Sublease and, except as otherwise expressly set forth herein, all provisions of the Sub-Sublease shall be applicable to the Expansion Premises.
Delivery of Expansion Premises. Landlord shall deliver the Expansion Premises to Tenant on the date (the “Expansion Premises Commencement Date”) that is the later of (i) July 1, 2022 and (ii) the date upon which Landlord substantially completes the work described in Exhibit B attached hereto in the Expansion Premises (collectively, “Landlord’s Expansion Premises Work”), provided, however, in the event that delivery date of the Expansion Premises is later than October 1, 2022 for any reason other than an Unavoidable Delay (as defined in the Lease), the Expansion Premises Rent Commencement Date shall be delayed by one (1) day for each day beyond October 1, 2022 that the Expansion Premises are delivered to Tenant.
Delivery of Expansion Premises. SUBJECT TO LANDLORD’S OBLIGATIONS TO MAINTAIN CERTAIN PORTIONS AND COMPONENTS OF THE BUILDING AND THE PREMISES, TENANT HEREBY ACCEPTS THE EXPANSION PREMISES AND THE BUILDING (INCLUDING THE SUITABILITY OF THE EXPANSION PREMISES FOR THE PERMITTED USE) IN “AS IS” CONDITION, SUBJECT TO LANDLORD’S OBLIGATIONS SET FORTH IN SECTION EXHIBIT B BELOW, WITH ANY AND ALL FAULTS AND LATENT OR PATENT DEFECTS AND WITHOUT RELYING UPON ANY REPRESENTATION OR WARRANTY (EXPRESS OR IMPLIED) OF LANDLORD OR ANY REPRESENTATIVE OF LANDLORD, EXCEPT AS SET FORTH IN THIS AMENDMENT. LANDLORD HAS NOT MADE AND DOES NOT HEREBY MAKE AND HEREBY SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR CHARACTER WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE BUILDING (INCLUDING THE EXPANSION PREMISES), ITS CONDITION (INCLUDING WITHOUT LIMITATION ANY REPRESENTATION OR WARRANTY REGARDING QUALITY OF CONSTRUCTION, STATE OF REPAIR, WORKMANSHIP, MERCHANTABILITY, SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE).
