Delivery of the Premises. When Landlord’s Work is Substantially Complete, subject to the remaining terms and provisions of this Section 3(e), Tenant shall accept the Premises. Tenant’s taking possession and acceptance of the Premises shall not constitute a waiver of: (i) any warranty with respect to workmanship (including installation of equipment) or material (exclusive of equipment provided directly by manufacturers), (ii) any non-compliance of Landlord’s Work with applicable Legal Requirements, or (iii) any claim that Landlord’s Work was not completed substantially in accordance with the TI Construction Drawings (subject to Minor Variations and such other changes as are permitted hereunder) (collectively, a “Construction Defect”). Tenant shall have one year after Substantial Completion within which to notify Landlord of any such Construction Defect discovered by Tenant, and Landlord shall use reasonable efforts to remedy or cause the responsible contractor to remedy any such Construction Defect within 30 days thereafter. Notwithstanding the foregoing, Landlord shall not be in default under the Lease if the applicable contractor, despite Landlord’s reasonable efforts, fails to remedy such Construction Defect within such 30-day period, in which case Landlord shall have no further obligation with respect to such Construction Defect other than to cooperate, at no cost to Landlord, with Tenant should Tenant elect to pursue a claim against such contractor. Tenant shall be entitled to receive the benefit of all construction warranties and manufacturer’s equipment warranties relating to equipment installed in the Premises. If requested by Tenant, Landlord shall attempt to obtain extended warranties from manufacturers and suppliers of such equipment, but the cost of any such extended warranties shall be borne solely out of the TI Fund. Landlord shall promptly undertake and complete, or cause to be completed, all punch list items.
Delivery of the Premises. Control, custody and possession of the Premises shall be delivered by Landlord to Tenant on the Commencement Date. No Rents (as defined in Section 3.1.1) shall accrue or become due under this Lease until Landlord delivers physical possession of the Premises to Tenant.
Delivery of the Premises. At the end of the Term or any renewal thereof or other sooner termination of this Lease, subject to the terms of Paragraphs 7, 21, 22 and 35 and the rights and obligations of the parties concerning casualty damage pursuant to Paragraph 21, Tenant will peaceably deliver to Landlord possession of the Premises, together with all improvements or additions upon or belonging to Landlord (including without limitation the Charging Stations (as defined in Paragraph 45), if any, and the Security System (as defined in Paragraph 44) and Bike Racks (as defined in Paragraph 46), if applicable), by whomsoever made with all components of the Premises in good working order and maintained with any necessary repairs completed in the reasonable opinion of Landlord or Landlord’s contractor. All space in the Premises shall be clean and well-maintained with walls freshly painted as necessary (or touched up, if acceptable to Landlord in its reasonable discretion), and carpet shampooed and presentable for re-leasing. Any damaged or unpresentable carpet shall be replaced. All window coverings shall be cleaned and any damaged coverings repaired or replaced. Any damaged ceiling tiles shall be replaced and all light fixtures shall be fully operational and clean. All doors shall be presentable and damaged doors repaired or replaced. The interior of all windows shall be washed and all interior partition glass shall be cleaned. If Tenant is obligated to remove or restore any Tenant Improvements or Alterations upon termination or expiration of the Lease pursuant to Paragraph 7(d), the Work Letter, or other provisions of this Lease, the affected area will be returned to Landlord in the form of open office space in the condition described above or in a condition otherwise approved by Landlord in its sole discretion. Tenant may, upon the termination of this Lease, remove all Trade Fixtures, and all movable furniture and equipment belonging to Tenant, at Tenant’s sole cost, provided that Tenant repairs any damage caused by such removal. Property not so removed by the Expiration Date (or in the event of an earlier termination, within five (5) days of such earlier termination date) shall be deemed abandoned by Tenant regardless of its value, and title to the same shall thereupon pass to Landlord without any cost to Landlord, and Landlord shall have the right to remove and dispose of all or any portion of such property, fixtures or equipment after the expiration or earlier termination of this Le...
Delivery of the Premises. Tenant acknowledges that Tenant has thoroughly examined the Premises. Upon full execution and delivery of this Lease by Landlord and Tenant, Landlord shall deliver the Premises and Tenant shall accept the Premises as of January 2, 2012, in the “as-is” condition existing on the date of this Lease.
Delivery of the Premises. Subject to the provisions of Section 4.2, Landlord shall deliver the Premises to Tenant with the Landlord’s Work Substantially Complete as defined in Section 3.1 of this Facility Lease, and in good condition and repair (“Delivery Date”). Landlord further warrants that the Premises as constructed in accordance with the Plans and Specifications, as of the Delivery Date, are in compliance with all Laws (as defined in Section 6.1). In the event of any breach of the foregoing warranty, Landlord shall promptly cure such breach upon notice by Xxxxxx. At the closing of the assignment of the Lease to CFPF by Landlord, Landlord will assign the rights to enforce the warranty issued by the General Contractor and all sub-contractor, material and equipment warranties (“Contractor Warranties”) to Tenant who shall have the right to enforce the Contractor Warranties. On the Rent Commencement Date, Landlord shall assign to Tenant the right to enforce such warranties pursuant to a form of assignment that provides for Landlord to retain the right to enforce warranties directly in addition to, but not in substitute of, Tenant. If Landlord fails to Substantially Complete the Landlord’s Work and deliver possession of the Premises to Tenant on or before the date that is eighteen (18) months from the Commencement Date, Tenant shall have the right to terminate this Lease upon thirty (30) days’ prior written notice to Landlord; provided that the time for Landlord to perform shall be extended by any Force Majeure events as set forth in Section 39.9. DRAFT
Delivery of the Premises. When Landlord's Work is Substantially ------------------------ Complete, subject to the remaining terms and provisions of this Section, Tenant shall accept the Premises in their then existing condition. Tenant's taking possession and acceptance of the Premises shall not constitute a waiver of: (i) any warranty, including those with respect to workmanship (including installation of equipment) or material (exclusive of equipment provided directly to Tenant by manufacturers), (ii) any non-compliance of Landlord's Work with Legal Requirements (including the Code), or (iii) any claim that Landlord's Work was not completed substantially in accordance with any of the Construction Drawings (subject to Minor Variations and such other changes as are permitted hereunder) (collectively, a "CONSTRUCTION DEFECT"). Tenant shall have 1 year after Substantial Completion within which to notify Landlord of any such Construction Defect discovered by Tenant, and Landlord shall use reasonable efforts to remedy or cause the responsible contractor to remedy any such Construction Defect within 30 days thereafter. Notwithstanding the foregoing, Landlord shall not be in default under the Lease if:
Delivery of the Premises. The Work shall be deemed to be substantially complete on the later of (i) the date the Work is sufficiently complete in accordance with the Approved Working Drawings so that Tenant may occupy the Premises, subject to any punch list items and (ii) the date Landlord receives a certificate of occupancy or its equivalent from the appropriate governmental authority. Prior to delivery of the Premises, Landlord shall contact Tenant and schedule a joint walk-through inspection within three (3) days of such contact in order for Tenant to identify any items of a “punch list” nature that remain to be completed. If Tenant fails to participate in a walk-through, then Landlord shall have no obligation to perform any punch list, and Tenant shall be deemed conclusively to have agreed that the Work is substantially completed for purposes hereof. If there is any disagreement concerning whether Landlord has substantially completed the Work, Landlord may request a good faith decision by the architect which shall be final and binding on the parties.
Delivery of the Premises. The Work shall be deemed to be substantially complete on the later of (i) the date the Work is sufficiently complete in accordance with the Approved Working Drawings so that Tenant may occupy the Premises, subject to any punch list [****] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. items and (ii) the date Landlord receives a certificate of occupancy or its equivalent from the appropriate governmental authority. Prior to delivery of the Premises, Landlord shall contact Tenant and schedule a joint walk-through inspection within three (3) days of such contact in order for Tenant to identify any items of a “punch list” nature that remain to be completed. If Tenant fails to participate in a walk-through, then Landlord shall have no obligation to perform any punch list, and Tenant shall be deemed conclusively to have agreed that the Work is substantially completed for purposes hereof. If there is any disagreement concerning whether Landlord has substantially completed the Work, Landlord may request a good faith decision by the architect which shall be final and binding on the parties.
Delivery of the Premises. (a) Landlord agrees to deliver the Premises to Tenant on or before the Delivery Date in broom-clean condition. Tenant shall have fifteen (15) days after the Premises are delivered in which to notify Landlord of any defects Tenant finds in the Premises. Landlord shall notify Tenant whether Landlord will correct the defects within five (5) days after Landlord receives Tenant's notice of any defects. If Landlord elects not to correct the defects, Tenant may terminate this Lease by giving Landlord written notice of termination or waive the defects. If Tenant waives the defects or if Landlord elects to correct the defects, this Lease shall continue and Landlord shall correct the defects within a reasonable time period. If Landlord does not correct the defects within a reasonable time period, Tenant may terminate this Lease by giving Landlord written notice of termination.
Delivery of the Premises. 6 13. Environmental . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 14. Title III of the Americans with Disabilities Act . . . . . . . . . . . . . . . . . . . . . . . . . . 6 15.
