Standard of Construction and Warranty Sample Clauses

Standard of Construction and Warranty. Landlord here by warrants ------------------------------------- that the Interior Improvements shall be constructed substantially in accordance with the Final Interior Plans (as modified by change orders approved by Landlord and Tenant), all Private Restrictions and all Laws, in a good and workmanlike manner, and all materials and equipment furnished shall conform to such final plans and shall be new and otherwise of good quality. The foregoing warranty shall be subject to, and limited by, the following:
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Standard of Construction and Warranty. Lessor hereby warrants that the Interior Improvements shall be constructed substantially in accordance with the Final Plans (as modified by change orders approved by Lessor and Lessee), in a good and workmanlike manner, and all materials and equipment furnished shall conform to such final plans and shall be new and otherwise of good quality. The foregoing warranty shall be subject to, and limited by, the following: (i) once Lessor is notified in writing of any breach of the above-described warranty, Lessor shall as soon as is reasonably practicable commence the cure of such breach and complete such cure with diligence at Lessor's cost; (ii) Lessor's liability pursuant to such warranty shall be limited to the cost of correcting the defect or other matter in question, and in no event shall Lessor be liable to Lessee for any damages or liability incurred by Lessee as a result of such defect or other matter, including without limitation damages resulting from any loss of business by Lessee or other consequential damages; and (iii) notwithstanding anything contained herein, Lessor shall not be liable for any defect in design, construction, or equipment furnished which is discovered and of which Lessor receives written notice from Lessee after the end of the first six (6) full calendar months following the Commencement Date. With respect to defects for which Lessor is not responsible pursuant to this paragraph, Lessee shall have the benefit of any construction or equipment warranties existing in favor of Lessor that would assist Lessee in correcting such defect and in discharging its obligations regarding the repair and maintenance of the Premises. Upon request by Xxxxxx, Lessor shall inform Xxxxxx of all written construction and equipment warranties existing in favor of Lessor which affect the Interior Improvements. Lessor shall cooperate with Lessee in enforcing such warranties and in bringing any suit that may be necessary to enforce liability with regard to any defect for which Lessor is not responsible pursuant to this paragraph so long as Lessee pays all costs reasonably incurred by Lessor in so acting. Lessor makes no other express or impled warranty with respect to the design, construction or operation of the Interior Improvements except as set forth in this paragraph 7.
Sample 1
Standard of Construction and Warranty. Landlord hen by warrants that the Interior Improvements shall be constructed substantially in accordance with the Final Interior Plans (as modified by change orders approved by Landlord and Tenant), the Approved Specifications, all Private Restrictions and all Laws, in a good and workmanlike manner, and all materials and equipment furnished shall conform to such final plans and shall, be new and otherwise of good quality. The foregoing warranty shall be subject to, and limited by, that following:
Sample 1
Standard of Construction and Warranty. Landlord hereby warrants that the Interior Improvements shall be constructed substantially in accordance with the Final Interior Plans (as modified by change orders approved by Landlord and Tenant), all Private Restrictions and all Laws, in a good and workmanlike manner, and all materials and equipment furnished shall conform to such final, plans and shall be new and otherwise of good quality and were installed in accordance with all vendor's and manufacturer's specifications, instructions and requirements. All construction, product and equipment warranties and guarantees obtained by Landlord shall, to the extent obtainable, provide that such warranties and guarantees shall also run to the benefit of Tenant and its successors and assigns. The foregoing warranty shall be subject to, and limited by, the following:
Sample 1
Standard of Construction and Warranty. Lessor hereby warrants that the Interior Improvements shall be constructed substantially in accordance with the Final Interior Plans (as modified by .change orders approved by Lessor and Lessee), All Private Restrictions and all Laws, in a good and workmanlike manner, and all materials and equipment furnished shall conform to such final plans and shall be new and otherwise of good quality. The foregoing warranty shall be subject to, and limited by the following:
Sample 1
Standard of Construction and Warranty. Landlord warrants that the Tenant Improvements shall be constructed in a good and workmanlike manner substantially in accordance with the Final Tenant Improvement Plans (as modified by change orders approved by landlord and Tenant). All materials and equipment furnished shall be new, of good quality and installed in accordance with the vendor's or manufacturer's specifications, instructions and requirements. The foregoing warranty shall terminate one (1) year following the date of Substantial Completion of the Tenant Improvements unless Tenant makes a written claim against Landlord under the foregoing warranty within said one (1) year period, in which case the warranty shall survive only a s to the specific matter described in such claim.
Sample 1

Related to Standard of Construction and Warranty

  • Perfection Representations and Warranties If the transfer of the Conveyed Assets under this Agreement is determined to be a pledge relating to a financing or is determined not to be an absolute sale and assignment, the Depositor makes the following representations and warranties on which the Issuer is relying in purchasing the Conveyed Assets. The representations and warranties are made as of the Closing Date, but shall survive the sale, transfer and assignment of the Conveyed Assets by the Depositor to the Issuer and the pledge thereof to the Indenture Trustee pursuant to the Indenture:

  • No Default; Representations and Warranties At the time of each such Credit Event and also after giving effect thereto (i) there shall exist no Default or Event of Default and (ii) all representations and warranties contained herein and in the other Credit Documents shall be true and correct in all material respects with the same effect as though such representations and warranties had been made on the date of such Credit Event (it being understood and agreed that any representation or warranty which by its terms is made as of a specified date shall be required to be true and correct in all material respects only as of such specified date).

  • Licensee Representations and Warranties Licensee represents and warrants as follows:

  • No Default; Representations and Warranties, etc Obligors hereby represent, warrant and confirm that: (a) after giving effect to this Amendment, all representations and warranties of Obligors in the Loan Agreement and the other Loan Documents are true and correct in all material respects (without duplication of any materiality qualifier contained therein) on and as of the date hereof as if made on such date (except to the extent that such representations and warranties expressly relate to or are stated to have been made as of an earlier date, in which case, such representations and warranties shall be true and correct in all material respects (without duplication of any materiality qualifier contained therein) as of such earlier date); (b) after giving effect to this Amendment, no Default or Event of Default has occurred and is continuing; and (c) the execution, delivery and performance by Obligors of this Amendment and all other documents, instruments and agreements executed and delivered in connection herewith or therewith (i) have been duly authorized by all necessary action on the part of Obligors (including any necessary shareholder consents or approvals), (ii) do not violate, conflict with or result in a default under and will not violate or conflict with or result in a default under any applicable law or regulation, any term or provision of the organizational documents of any Obligor or any term or provision of any material indenture, agreement or other instrument binding on any Obligor or any of its assets, and (iii) do not require the consent of any Person which has not been obtained.

  • Compliance with Representations and Warranties During the period from the date of this Agreement to the Closing Date, the Offerors shall use their best efforts and take all action necessary or appropriate to cause their representations and warranties contained in Section 5 hereof to be true as of the Closing Date, after giving effect to the transactions contemplated by this Agreement, as if made on and as of the Closing Date.

  • Investment Representations and Warranties The Purchaser understands and agrees that the offering and sale of the Securities has not been registered under the 1933 Act or any applicable state securities laws and is being made in reliance upon federal and state exemptions for transactions not involving a public offering which depend upon, among other things, the bona fide nature of the investment intent and the accuracy of the Purchaser’s representations as expressed herein.

  • Performance of Obligations; Representations and Warranties The Company shall have performed in all material respects each of its agreements contained in this Agreement required to be performed on or prior to the Effective Time, each of the representations and warranties of the Company contained in this Agreement that is qualified by materiality shall be true and correct on and as of the Effective Time as if made on and as of such date (other than representations and warranties which address matters only as of a certain date which shall be true and correct as of such certain date) and each of the representations and warranties that is not so qualified shall be true and correct in all material respects on and as of the Effective Time as if made on and as of such date (other than representations and warranties which address matters only as of a certain date which shall be true and correct in all material respects as of such certain date), in each case except as contemplated or permitted by this Agreement, and Parent shall have received a certificate signed on behalf of the Company by its Chief Executive Officer and its Chief Financial Officer to such effect.

  • Certain Representations and Warranties Each of the parties hereto represents and warrants to the other that, as of the date hereof; this Agreement has been duly and validly authorized by all necessary action (corporate, limited liability company or otherwise) on the part of such party, has been duly executed and delivered by such party and constitutes the valid and legally binding obligation of such party, enforceable against such party in accordance with its terms and conditions.

  • Environmental Representations and Warranties Except as otherwise disclosed by that certain Phase I environmental report (or Phase II environmental report, if required) delivered to Lender by Borrower in connection with the origination of the Loan (such report is referred to below as the “Environmental Report”), (a) there are no Hazardous Substances or underground storage tanks, surface impoundments, landfills, or disposal areas in, on, or under the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the Property, except those that are (i) in compliance with Environmental Laws and with permits issued pursuant thereto (to the extent such permits are required under Environmental Laws), (ii) de-minimis amounts necessary to operate the Property for the purposes set forth in this Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, and (iii) fully disclosed to Lender in writing prior to the execution of the Loan Documents; (b) there are no past, present or threatened Releases of Hazardous Substances in, on, under or from the Property which has not been fully remediated in accordance with Environmental Law; (c) there is no threat of any Release of Hazardous Substances migrating to the Property; (d) there is no past or present non-compliance with or liability under any Environmental Laws, or with permits issued pursuant thereto, in connection with the Property (or operations thereon) which has not been fully remediated or resolved in accordance with Environmental Law; (e) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person (including a Governmental Authority) relating to the possible liability of any Person pursuant to any Environmental Law, any Hazardous Substances or other environmental conditions present at or otherwise involving the Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; (f) Borrower has truthfully and fully disclosed to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property that is known to Borrower and has provided to Lender all information that is contained in Borrower’s files and records, including any reports relating to Hazardous Substances in, on, under or from the Property or the environmental condition of the Property; and (g) there are no Institutional Controls or Environmental Liens on or affecting the Property.

  • Credit Agreement Representations and Warranties The representations and warranties contained in Article VI of the Credit Agreement, insofar as the representations and warranties contained therein are applicable to any Guarantor and its properties, are true and correct in all material respects, each such representation and warranty set forth in such Article (insofar as applicable as aforesaid) and all other terms of the Credit Agreement to which reference is made therein, together with all related definitions and ancillary provisions, being hereby incorporated into this Guaranty by this reference as though specifically set forth in this Article.

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