Common use of Performance of Improvements Clause in Contracts

Performance of Improvements. Landlord shall perform the Tenant Improvements in a good and workmanlike manner, using Building Standard materials. Other than as set forth in the preceding sentence, Landlord has made no representation or promise as to the condition of the Premises. Tenant has inspected the Premises and is fully familiar with the physical condition of the Premises, and shall accept the Premises in its then existing "as-is," "where-is" condition. Landlord shall not perform any work other than the Tenant Improvements and shall not perform any work as to any portions of the Premises not specifically addressed in the description of the Tenant Improvements. Tenant acknowledges and agrees that (i) the Tenant Improvements may not be substantially completed by the Commencement Date and (ii) the Commencement Date is not contingent upon the substantial completion of the Tenant Improvements. If the Tenant Improvements are not substantially completed by the Commencement Date, then Tenant further acknowledges and agrees that (i) Landlord may be constructing the Tenant Improvements simultaneously while Tenant is conducting business in the Premises and Tenant consents thereto, (ii) Landlord shall not be liable for any loss or damage to Tenant resulting therefrom, and (iii) Tenant shall not be entitled to any reduction or abatement of Rent and waives any claim for actual or constructive eviction due to Landlord’s performance of the Tenant Improvements.

Appears in 1 contract

Sources: Office Lease (PASSUR Aerospace, Inc.)

Performance of Improvements. Landlord shall perform the Tenant Improvements in a good and workmanlike manner, using Building Standard materials. Other than as set forth in the preceding sentence, Landlord has made no representation or promise as to the condition of the Premises. Tenant has inspected the Premises and is fully familiar with the physical condition of the Premises, and shall accept the Premises in its then existing "as-is," "where-is" condition. Landlord shall not perform any work other than the Tenant Improvements and shall not perform any work as to any portions of the Premises not specifically addressed in the description of the Tenant Improvements. Tenant acknowledges and agrees that (i) the Tenant Improvements may not be substantially completed by the Lease Commencement Date and (ii) the Lease Commencement Date is not contingent upon the substantial completion of the Tenant Improvements. Tenant shall fully comply with the schedule of performance of the Tenant Improvements to be provided to Tenant by Landlord and Tenant shall remove and relocate all items of Tenant’s furniture, fixtures, equipment and other personal property from the areas where the Tenant Improvements will be performed. If the Tenant Improvements are is not substantially completed by the Lease Commencement Date, then Tenant further acknowledges and agrees that (i) Landlord may be constructing the Tenant Improvements simultaneously while Tenant is conducting business in the Premises and Tenant consents thereto, (ii) Landlord shall not be liable for any loss or damage to Tenant resulting therefrom, and (iii) Tenant shall not be entitled to any reduction or abatement of Rent and waives any claim for actual or constructive eviction due to Landlord’s performance of the Tenant Improvements.. ​

Appears in 1 contract

Sources: Lease (Assure Holdings Corp.)

Performance of Improvements. Landlord shall perform the Tenant Improvements in a good and workmanlike manner, using Building Standard materials. Other than as set forth in the preceding sentence, Landlord has made no representation or promise as to the condition of the Premises. Tenant has inspected the Premises and is fully familiar with the physical condition of the Premises, and shall accept the Premises in its then existing "as-is," "where-is" condition. Landlord shall not perform any work other than the Tenant Improvements and shall not perform any work as to any portions of the Premises not specifically addressed in the description of the Tenant Improvements. Tenant acknowledges and agrees that (i) the Tenant Improvements may not be substantially completed by the Lease Commencement Date and (iiand(ii) the Lease Commencement Date is not contingent upon the substantial completion of the Tenant Improvements. Tenant shall fully comply with the schedule of performance of the Tenant Improvements to be provided to Tenant by Landlord and Tenant shall remove and relocate all items of Tenant’s furniture, fixtures, equipment and other personal property from the areas where the Tenant Improvements will be performed. If the Tenant Improvements are is not substantially completed by the Lease Commencement Date, then Tenant further acknowledges and agrees that (i) Landlord may be constructing the Tenant Improvements simultaneously while Tenant is conducting business in the Premises and Tenant consents thereto, (ii) Landlord shall not be liable for any loss or damage to Tenant resulting therefrom, and (iii) Tenant shall not be entitled to any reduction or abatement of Rent and waives any claim for actual or constructive eviction due to Landlord’s performance of the Tenant Improvements.

Appears in 1 contract

Sources: Lease (Wellgistics Health, Inc.)