Common use of Delivery of the Premises Clause in Contracts

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 the Greenhouse 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. 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 Greenhouse 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. 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 Greenhouse Construction Drawings (subject to Minor Variations and such other changes as are permitted hereunder) (collectively, a "CONSTRUCTION DEFECTConstruction 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. 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 Greenhouse Building 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. When Landlord's Work is Substantially Complete, subject to the remaining terms and provisions of this SectionSection 3.5, Tenant shall accept the Premises in their then existing conditionPremises. Tenant's taking possession and acceptance of the Premises shall not constitute a waiver of: (i) any warranty, including those warranty 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 Code, (including the Code)iii) Landlord's obligation to cause any "punch list" items to be corrected, or (iiiiv) any claim that Landlord's Work was the Tenant Improvements were not completed substantially in accordance with the Greenhouse TI Construction Drawings (subject to Minor Variations and such other changes as are permitted hereunder) (collectively, a "CONSTRUCTION DEFECTConstruction Defect"). Tenant shall have 1 one year after Substantial Completion within which to notify Landlord of any such Construction Defect discovered by TenantTenant during such one-year period, 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. When Landlord's ’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 ’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 ’s Work with Legal Requirements (including the Code), or (iii) any claim that Landlord's ’s Work was not completed substantially in accordance with the Greenhouse Construction Drawings (subject to Minor Variations and such other changes as are permitted hereunder) (collectively, a "CONSTRUCTION DEFECT"“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: