Common use of Delivery of the Premises Clause in Contracts

Delivery of the Premises. Landlord and Tenant acknowledge and agree that Tenant currently occupies, and as of the date immediately preceding the Commencement Date, will occupy, the Premises pursuant to the Sublease; consequently, Landlord shall have no obligation to physically deliver possession of the Premises to Tenant on the Commencement Date; provided, however, Landlord shall be obligated to have terminated any rights of the sublessor to the Premises as of the Commencement Date. Tenant hereby waives any and all claims Tenant may have with respect to the condition of the Premises as of the Commencement Date (except and to the extent subject to any then-existing repair requests or notices to Landlord regarding the condition of the Premises as may have been delivered by Tenant or the prior tenant from which Tenant is currently subleasing the Premises prior to the Commencement Date). Landlord makes no representation or warranty as to the nature, quality, or suitability for Tenant's business of the Project, the Building, or the Premises, and Tenant shall have no rights against Landlord by reason of such matters. Notwithstanding the foregoing or anything to the contrary contained in this Lease, Landlord shall, at its sole cost and expense (and as not part of Operating Expenses, other than as set forth in Section 7.4 herein) and throughout the initial Term and any Extension Term (if applicable), repair any structural and/or latent design or construction defects in the original construction of the Project of which Landlord has notice or that Landlord discovers.

Delivery of the Premises. Subject to the provisions of Section 4.2, Landlord and shall deliver the Premises to Tenant acknowledge and agree that Tenant currently occupieswith 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 date immediately preceding 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, will occupy, Landlord shall assign to Tenant the Premises right to enforce such warranties pursuant to a form of assignment that provides for Landlord to retain the Sublease; consequentlyright to enforce warranties directly in addition to, but not in substitute of, Tenant. If Landlord shall have no obligation fails to physically 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; provided, however, Landlord shall be obligated to have terminated any rights of the sublessor to the Premises as of the Commencement Date. Tenant hereby waives any and all claims Tenant may have with respect to the condition of the Premises as of the Commencement Date (except and to the extent subject to any then-existing repair requests or notices to Landlord regarding the condition of the Premises as may have been delivered by Tenant or the prior tenant from which Tenant is currently subleasing the Premises prior to the Commencement Date). Landlord makes no representation or warranty as to the nature, quality, or suitability for Tenant's business of the Project, the Building, or the Premises, and Tenant shall have no rights against 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 reason of such matters. Notwithstanding the foregoing or anything to the contrary contained in this Lease, Landlord shall, at its sole cost and expense (and as not part of Operating Expenses, other than any Force Majeure events as set forth in Section 7.4 herein) and throughout the initial Term and any Extension Term (if applicable), repair any structural and/or latent design or construction defects in the original construction of the Project of which Landlord has notice or that Landlord discovers.39.9. DRAFT

Delivery of the Premises. Upon completion of Landlord's Delivery Work, the parties shall jointly inspect the Premises. If any defects in Landlord's Delivery Work exist at the time of such inspection, Tenant shall notify Landlord and Tenant acknowledge and agree that Tenant currently occupies, and as thereof in writing upon its inspection of the date immediately preceding the Commencement Date, will occupy, the Premises pursuant to the Sublease; consequently, and Landlord shall have no obligation to physically deliver possession correct such defects; provided, however, that Delivery of the Premises to Tenant on the Commencement Date; provided, however, Landlord shall be obligated to have terminated delayed only if the existence of any rights of the sublessor to the Premises as of the Commencement Date. Tenant hereby waives any and all claims Tenant may have with respect to the condition such defects would materially adversely affect Tenant's occupancy of the Premises as for construction of the Commencement Date (except and to Additional Improvements, in which case the extent subject to any then-existing repair requests or notices to Landlord regarding the condition date of Delivery of the Premises as may shall be the date upon which Landlord notifies Tenant that such defects have been delivered by Tenant or the prior tenant from which Tenant is currently subleasing substantially corrected. Upon inspection and Delivery of the Premises prior to Tenant, Tenant shall at Landlord's request sign a written statement acknowledging Tenant's inspection and acceptance of the Commencement Date)Premises, subject to latent defects and other defects or problems that are not susceptible to discovery upon cursory inspection. If Tenant shall fail to contact Landlord makes no representation or warranty and inspect the Premises within five (5) days after notice from Landlord, Landlord's notice shall be conclusive and binding and Delivery of the Premises shall be deemed to have occurred on the last day of the five-day period. If a dispute shall arise between Landlord and Tenant as to the naturecompletion of any of Landlord's Work, qualitythe certificate of Landlord's architect shall be binding and conclusive upon all parties. Notwithstanding the foregoing, or suitability for unless otherwise agreed by Landlord, if Tenant shall begin Tenant's business of the Project, the Building, Work or shall otherwise occupy the Premises, and Tenant Delivery of the Premises shall be deemed to have no rights against Landlord by reason been the date of such matters. Notwithstanding the foregoing commencement of Tenant's Work or anything to the contrary contained in this Lease, Landlord shall, at its sole cost and expense (and as not part of Operating Expenses, other than as set forth in Section 7.4 herein) and throughout the initial Term and any Extension Term (if applicable), repair any structural and/or latent design or construction defects in the original construction occupancy of the Project of which Landlord has notice or that Landlord discoversPremises.

Delivery of the Premises. Upon completion of Landlord's Delivery Work, the parties shall jointly inspect the Premises. If any defects in Landlord's Delivery Work exist at the time of such inspection, Tenant shall notify Landlord and Tenant acknowledge and agree that Tenant currently occupies, and as thereof in writing upon its inspection of the date immediately preceding the Commencement Date, will occupy, the Premises pursuant to the Sublease; consequently, and Landlord shall have no obligation to physically deliver possession correct such defects; provided, however, that Delivery of the Premises to Tenant on the Commencement Date; provided, however, Landlord shall be obligated to have terminated delayed only if the existence of any rights such defects would materially adversely affect Tenant's occupancy of the sublessor to Premises, in which case the Premises as date of the Commencement Date. Tenant hereby waives any and all claims Tenant may have with respect to the condition Delivery of the Premises as of shall be the Commencement Date (except date upon which Landlord notifies Tenant that such defects have been substantially corrected. Upon inspection and to the extent subject to any then-existing repair requests or notices to Landlord regarding the condition Delivery of the Premises to Tenant, Tenant shall at Landlord's request sign a written statement acknowledging Tenant's inspection and acceptance of the Premises. If Tenant shall fail to contact Landlord and inspect the Premises within five (5) days after notice from Landlord that Landlord's Delivery Work has been substantially completed, Landlord's notice shall be conclusive and binding and Delivery of the Premises shall be deemed to have occurred on the last day of the five-day period. If a dispute shall arise between Landlord and Tenant as may have been delivered by to the completion of any of Landlord's Work, the certificate of Landlord's architect shall be binding and conclusive upon all parties. Notwithstanding the foregoing, unless otherwise agreed to, if Tenant shall begin Tenant's Work or the prior tenant from which Tenant is currently subleasing shall otherwise occupy the Premises prior to substantial completion of Landlord's Delivery Work, Delivery of the Commencement Date). Landlord makes no representation or warranty as Premises shall be deemed to have been the nature, quality, or suitability for date of such commencement of Tenant's business Work or other occupancy of the Project, the Building, or the Premises, and Tenant shall have no rights against Landlord by reason of such matters. Notwithstanding the foregoing or anything to the contrary contained in this Lease, Landlord shall, at its sole cost and expense (and as not part of Operating Expenses, other than as set forth in Section 7.4 herein) and throughout the initial Term and any Extension Term (if applicable), repair any structural and/or latent design or construction defects in the original construction of the Project of which Landlord has notice or that Landlord discovers.

Delivery of the Premises. Upon completion of Landlord’s Delivery Work, the parties shall jointly inspect the Premises. If any defects in Landlord’s Delivery Work exist at the time of such inspection, Tenant shall notify Landlord and Tenant acknowledge and agree that Tenant currently occupies, and as thereof in writing upon its inspection of the date immediately preceding the Commencement Date, will occupy, the Premises pursuant to the Sublease; consequently, and Landlord shall have no obligation to physically deliver possession correct such defects; provided, however, that Delivery of the Premises to Tenant on the Commencement Date; provided, however, Landlord shall be obligated to have terminated delayed only if the existence of any rights such defects would materially adversely affect Tenant’s occupancy of the sublessor to Premises, in which case the Premises as date of the Commencement Date. Tenant hereby waives any and all claims Tenant may have with respect to the condition Delivery of the Premises as of shall be the Commencement Date (except date upon which Landlord notifies Tenant that such defects have been substantially corrected. Upon inspection and to the extent subject to any then-existing repair requests or notices to Landlord regarding the condition Delivery of the Premises to Tenant, Tenant shall at Landlord’s request sign a written statement acknowledging Tenant’s inspection and acceptance of the Premises. If Tenant shall fail to contact Landlord and inspect the Premises within five (5) days after notice from Landlord that Landlord’s Delivery Work has been substantially completed, Landlord’s notice shall be conclusive and binding and Delivery of the Premises shall be deemed to have occurred on the last day of the five-day period. If a dispute shall arise between Landlord and Tenant as may have been delivered by to the completion of any of Landlord’s Work, the certificate of Landlord’s architect shall be binding and conclusive upon all parties. Notwithstanding the foregoing, unless otherwise agreed to, if Tenant shall begin Tenant’s Work or the prior tenant from which Tenant is currently subleasing shall otherwise occupy the Premises prior to the Commencement Date). Landlord makes no representation or warranty as to the naturesubstantial completion of Landlord’s Delivery Work, quality, or suitability for Tenant's business Delivery of the Project, Premises shall be deemed to have been the Building, date of such commencement of Tenant’s Work or other occupancy of the Premises, and Tenant shall have no rights against Landlord by reason of such matters. Notwithstanding the foregoing or anything to the contrary contained in this Lease, Landlord shall, at its sole cost and expense (and as not part of Operating Expenses, other than as set forth in Section 7.4 herein) and throughout the initial Term and any Extension Term (if applicable), repair any structural and/or latent design or construction defects in the original construction of the Project of which Landlord has notice or that Landlord discovers.

Delivery of the Premises. Subject to the provisions of Section 4.2, Landlord and shall deliver the Premises to Tenant acknowledge and agree that Tenant currently occupieswith 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 date immediately preceding 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 Tenant. 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, will occupy, Landlord shall assign to Tenant the Premises right to enforce such warranties pursuant to a form of assignment that provides for Landlord to retain the Sublease; consequentlyright to enforce warranties directly in addition to, but not in substitute of, Tenant. If Landlord shall have no obligation fails to physically 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; provided, however, Landlord shall be obligated to have terminated any rights of the sublessor to the Premises as of the Commencement Date. Tenant hereby waives any and all claims Tenant may have with respect to the condition of the Premises as of the Commencement Date (except and to the extent subject to any then-existing repair requests or notices to Landlord regarding the condition of the Premises as may have been delivered by Tenant or the prior tenant from which Tenant is currently subleasing the Premises prior to the Commencement Date). Landlord makes no representation or warranty as to the nature, quality, or suitability for Tenant's business of the Project, the Building, or the Premises, and Tenant shall have no rights against 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 reason of such matters. Notwithstanding the foregoing or anything to the contrary contained in this Lease, Landlord shall, at its sole cost and expense (and as not part of Operating Expenses, other than any Force Majeure events as set forth in Section 7.4 herein) and throughout the initial Term and any Extension Term (if applicable), repair any structural and/or latent design or construction defects in the original construction of the Project of which Landlord has notice or that Landlord discovers.39.9. DRAFT