Taking of Possession. The taking of possession of the Demised Premises by Tenant shall be deemed conclusively to be acknowledgment by Tenant that construction has been completed in accordance with Plans and Specifications (except for latent defects and "punch list" items) whether or not a Certificate of Occupancy has been obtained, and that the Lease Term has begun as of the Date of Completion.
Taking of Possession. Landlord may re-enter and take possession of the Premises or any Property with or without process of law and remove Tenant, with or without having terminated this Restated Lease. This is intended to constitute an express right of re-entry on Landlord's part.
Taking of Possession. The taking of possession of the Premises by the Tenant shall be conclusive evidence against the Tenant, that at the time of taking possession, the Premises were in good and fully satisfactory order and condition.
Taking of Possession. Mortgagee, by itself or by such officers or agents as it may appoint, may enter and take exclusive possession of all or any part of the Mortgaged Property, including all books, papers and accounts of Mortgagor relating to the business of Mortgagor conducted at such Mortgaged Property, and may expel, remove and exclude Mortgagor, its agents and employees and any persons, goods and chattels occupying the Mortgaged Property. If Xxxxxxxxx for any reason fails to surrender or deliver the Mortgaged Property or any part thereof after such demand by Mortgagee, Mortgagee may obtain a judgment or decree conferring on Mortgagee the right to immediate possession or requiring the delivery to Mortgagee of the Mortgaged Property, and Xxxxxxxxx specifically consents to the entry of such judgment or decree. Upon every such taking of possession, Mortgagee may (i) hold, store, use, operate, manage and control the Mortgaged Property and conduct the business of Mortgagor thereon, (ii) perform all necessary and proper maintenance and make all necessary and proper repairs, renewals, replacements, additions, betterment and improvements thereto and thereon and purchase or otherwise acquire additional fixtures, personalty and other Property, (iii) keep the Mortgaged Property insured, (iv) manage and operate the Mortgaged Property and exercise all of the rights and powers of Mortgagor to the same extent as Mortgagor could in its own name, (v) enter into any agreements with respect to the exercise by others of any of the powers granted to Mortgagee herein, in such manner as Mortgagee shall elect, (vi) collect and receive all of the Rents, including those past due as well as those accruing after the occurrence of any such Event of Default and (vii) after deducting (A) all expenses of taking, holding, holding, managing and operating the Mortgaged Property (including compensation for the services of all Persons employed for such purposes), (B) the cost of all such maintenance, repairs, renewals, replacements, additions, betterments, improvements and purchases and acquisitions, (C) the cost of such insurance, (D) such taxes, assessments and other similar charges as Mortgagee may determine to pay, (E) other proper charges upon the Mortgaged Property or any part thereof and (F) the compensation, expenses and disbursements of the attorneys and agents of Mortgagee, apply the remainder of the monies and proceeds so received by Mortgagee as described in Section 11.8 hereof.
Taking of Possession. Time as from which the Concession Holder is responsible for the operation, management and functioning of Airport Group A, in accordance with the Bidding Conditions and their accompanying Exhibits.
Taking of Possession. With or without legal process, take possession of the Land and Improvements, remove the Borrower and all agents, employees and contractors of the Borrower from the Land and Improvements, complete the work of construction, market, operate, and sell or lease the Land and/or Improvements and enforce any of its other rights and remedies under the Security Documents. For this purpose, the Borrower irrevocably appoints the Lender as its attorney in fact, which agency is coupled with an interest. As attorney in-fact, the Lender may, in the Borrower’s name, take or omit to take any action the Lender may deem appropriate, including, without limitation, exercising the Borrower’s rights under the Loan Documents and all contracts concerning the Land and/or Improvements.
Taking of Possession. To take immediate possession of any or all of the Properties and Improvements as well as all other personal property to which title is held by Borrower and securing the indebtedness in this Loan Agreement. Without restricting the generality of the foregoing and for the purposes aforesaid, Borrower hereby appoints and constitutes Lender its lawful attorney-in-fact; to pay all taxes and assessments on the Properties not paid by Borrower when due and to add the amounts of any such payments to the amount of indebtedness secured by the Deeds of Trust or the Mortgage, as applicable; to pay, settle, or compromise all bills and claims, which may be incurred in connection with the Properties and Improvements; to execute all applications and certificates in the name of Borrower which may be required; to prosecute and defend all actions or proceedings in connection with the Properties and Improvements, fixtures, equipment, machinery, furniture or any other personal property; and to do any act which Borrower might do in its own behalf relating to the Properties and Improvements, it being understood and agreed that this power of attorney shall be a power coupled with an interest and cannot be revoked.
Taking of Possession. At Lender's option, take immediate -------------------- possession of the Project and do anything in its sole judgment to fulfill the obligations of Borrower hereunder, including availing itself of and procuring performance of existing contracts, amending the same, or entering into new contracts with the same contractors or others and employment of watchmen to protect the Project from injury.
Taking of Possession. Tenant takes possession of the Premises "As Is". Landlord does not make any representation or warranty as to the condition of the Premises including but not limited to the HV AC, electrical, plumbing, sewer and refrigeration systems. Taking of possession of the Premises by Tenant shall be conclusive evidence as against Tenant that the Premises was in good order and satisfactory condition and/or acceptable to Tenant when Tenant so took possession. No representation respecting the condition of the Premises or the Project has been made by Landlord to Tenant unless contained herein; and no promise of Landlord to prepare, alter or improve the Premises for Landlord's or Tenant's use and occupancy shall be binding upon Landlord unless contained herein. Landlord shall not be liable to Tenant for any expenses, injury, death, loss or damages resulting from frame work done in or upon, or by reason of the use of any adjacent or nearby building, land or public or private way, or resulting from construction of any additional building, land or public or private way, or resulting from construction of any additional buildings within the Project; provided, however, that Landlord shall use its best efforts so as to not unreasonably interfere with Tenant's use of the Premises and the adjacent parking areas in connection with any construction by Landlord within the Project.
Taking of Possession. Landlord may re-enter and take possession of the Premises with process of law, whether by summary proceedings or otherwise, and remove Tenant, with or without having terminated this Lease, and without thereby being liable for damages or guilty of trespass. This is intended to constitute an express right of re-entry on Landlord's part. Except as expressly provided herein or prohibited by applicable law, Tenant, for and on behalf of itself and all persons claiming by, through or under Tenant, expressly waives any right to service of notice of intention to re-enter provided in any Law and any and all right of redemption provided by any law or statute now or hereafter enacted or otherwise, or re-entry or repossession or to restore the operation of this Lease in case Tenant shall be dispossessed by a judgment or by warrant of any court or judge or in case of re-entry or repossession by Landlord or in case of any expiration or termination of this Lease. No re-entry by Landlord, whether had or taken under summary proceedings or otherwise, shall absolve or discharge Tenant from liability under this Lease. The terms "enter," "re-enter," "entry," and "re-entry," as used in this Lease, are not restricted to their technical legal meaning.
