Existing Improvements Clause Samples

Existing Improvements. All improvements located on the Site as of the date of execution of the Construction Contract, whether above or below the surface of the ground, including but not limited to existing buildings, utilities, infrastructure improvements and other facilities.

Existing Improvements. The existing Improvements, if any, were constructed, and are being used and maintained, in accordance with all applicable Laws, including zoning Laws.

Existing Improvements. To Grantor’s knowledge and belief, the existing Improvements, if any, were constructed, and are being used and maintained, in accordance with all applicable Laws, including zoning Laws.

Existing Improvements. (a) It is expressly acknowledged and agreed by Tenant that no representations or warranties of any kind have been made by Landlord with respect to the Premises and Landlord shall deliver the Premises in "as is" "where is" condition "with all faults" and without warranties express or implied, and that Landlord shall have no obligation to make any repairs, improvements, changes or modifications to the Premises or any improvements thereon or thereto as a condition of Tenant's occupancy of the same, but nothing herein shall obviate Landlord's obligation to provide the services set out in Section 8. Any alterations or additions to the existing improvements to prepare the Premises for Tenant's initial occupancy, including without limitation, distributing of utilities and HVAC within the Premises, demising partitions, fixtures, etc., shall be at Tenant's sole cost and expense, subject to payment by Landlord of the cash allowance provided below and any funds available therefor in the Capital Reserve maintained under Section 35. Such alterations or additions shall be constructed in a good and workmanlike manner substantially in accordance with all applicable statutes, ordinances and building codes, governmental rules, regulations, and orders including without limitation, the Americans with Disabilities Act. (b) Tenant shall indemnify and defend Landlord against and save Landlord and the Premises, and any portion thereof, harmless from all losses, costs, damages, expenses, liabilities and obligations, including, without limitation, reasonable attorneys' fees resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any mechanic's lien or other lien for labor, services, materials, supplies, machinery fixtures or equipment furnished to the Premises by or on behalf of Tenant. (c) Landlord will pay to Tenant a cash allowance in the amount of $500,000.00, of which (i) $200,000 is designated for construction of an anechoic chamber, and (ii) $300,000 is designated for other changes or improvements made to the Premises by Tenant to prepare the Premises for Tenant's occupancy. If all of the funds designated for either category are not used for such category, such excess funds shall upon completion of such work be available to cover costs in the other category, provided that the total cash allowance shall in no event exceed the total cost to Tenant of all such work. Such cash allowance shall be paid in installments as Tenant's work progresse...

Existing Improvements. To Mortgagor’s knowledge and belief, the existing Improvements, if any, were constructed, and are being used and maintained, in accordance with all applicable Laws, including zoning Laws.

Existing Improvements. 7.14.1 TxDOT hereby provides to Developer a limited warranty of the Existing Improvements on the following terms and conditions: 7.14.1.1 TxDOT warrants that the Existing Improvements shall be free of latent defects in design, materials, equipment and workmanship, as measured from the requirements, criteria, standards and specifications in the relevant contracts under which the Existing Improvements were constructed. A defect shall be considered latent only if it is not known or disclosed to Developer as of the Proposal Due Date and would not normally be discovered upon reasonable inspection and investigation in accordance with Good Industry Practice. This limited warranty does not apply to Work of design and construction performed by any Utility Owner on its own Utilities. 7.14.1.2 This limited warranty is the sole warranty from TxDOT of the Existing Improvements, and all other warranties, express or implied, are hereby disclaimed, including any warranty of suitability or fitness for purpose. 7.14.1.3 TxDOT’s liability under this limited warranty is limited to the direct cost (a) to correct latent defects covered by this warranty and (b) to correct physical loss or harm to the Project resulting from such latent defects, but only to the extent such loss or harm is not insured and not required to be insured under this Agreement (herein, “resulting uninsured physical loss”). TxDOT shall have no other obligation or liability to Developer arising out of or relating to latent defects in the Existing Improvements, including for loss of Toll Revenues and for third party damage, harm, injury, loss, cost or expense. 7.14.1.4 This limited warranty shall expire one year after the Operating Commencement Date for the IH 635/US 75 Interchange. 7.14.1.5 TxDOT shall have no liability under this limited warranty unless it receives from Developer, prior to the expiration date of the warranty, written notice asserting a warranty claim and setting forth the nature and location of the latent defect in reasonable detail. 7.14.1.6 If TxDOT receives any such written notice prior to the expiration date of this limited warranty, then within 30 days of receipt TxDOT and Developer shall mutually agree when and how TxDOT shall correct such latent defect and resulting uninsured physical loss; provided, however, that in case of an emergency or threat to safety requiring immediate corrective action, TxDOT shall implement such action as it deems necessary and shall notify Developer in wri...

Existing Improvements. Licensee shall not disturb any improvements of Licensor or Licensor's existing lessees, licensees, easement beneficiaries or lien holders, if any, or interfere with the use, repair, maintenance or replacement of such improvements.

Existing Improvements. Improvements which are completely constructed on the date this Declaration is recorded are deemed to satisfy all the requirements hereof.

Existing Improvements. The reuse by Tenant of existing improvements, if any, within the Leased Premises shall be as dictated by practicality and Landlord’s existing design criteria and shall be subject to Landlord’s written approval.