Tenant’s Acceptance of Premises. If on the date the Landlord's Improvements are substantially complete there should remain items of construction or finish work to be completed which do not materially interfere with Tenant's use, occupancy or enjoyment of the Premises, Landlord and Tenant shall, within 10 business days from the date the Landlord's Improvements are substantially complete, prepare a written list (the "Punch List") of such uncompleted items. Landlord agrees to complete the Punch List item(s) within 30 days after the Punch List is delivered to Landlord, provided that if the nature of any items on the list is such that they cannot be completed within 30 days, then within such longer period of time as is reasonably necessary to complete the same, provided Landlord commences the completion within the 30 day period and thereafter diligently pursues completion. If the Landlord does not complete any Punch List items within the time required by the previous sentence, Tenant shall have the right to complete the items and offset the cost of completion against the Fixed Rent and Additional Rent next due under this Lease within the limits set forth in Section 18.30. If there is any dispute as to work performed or required to be performed by Landlord, the existence of any Punch List items or the completion thereof in accordance with the terms of the Lease, such dispute shall be decided by Landlord's architect (which is J.P.C., Inc.), whose decision shall be presumed to be valid. Subject to the preceding, Tenant's acceptance of possession shall conclusively be deemed to establish that the Premises have been completed. Tenant waives any claim as to matters not listed in the Punch List, provided, however, Tenant's failure to include in the Punch List any incomplete item, the incompleteness of which was not reasonably discoverable by the date the Punch List was prepared, shall not constitute a waiver by Tenant with respect to such incomplete item. Tenant shall promptly furnish to Landlord written notice if Tenant discovers any such incomplete item. Tenant's sole and exclusive remedy with respect to any incomplete item shall be the right to cause Landlord to complete such item substantially in accordance with the Final Plans and Specifications pursuant to Section 2.4.
Tenant’s Acceptance of Premises. By occupying the Premises, Tenant accepts the Premises in its “AS-IS, WHERE IS” condition with all faults condition as of the date of Tenant’s occupancy, subject to Landlord’s completion of Landlord’s Work, as defined in the Work Letter attached hereto as Exhibit B, and completion of punch-lists, if any, relating to Landlord’s Work, and Landlord shall have no obligation to perform or pay for any repair or other work, other than as set forth in this Lease.
Tenant’s Acceptance of Premises. Tenant shall accept the Premises in its “As Is” condition on the Commencement Date, but shall be entitled to early occupancy, without cost, to clean and renovate the same with Landlord’s consent.
Tenant’s Acceptance of Premises. Tenant will have had full opportunity to examine the Leased Premises, and acceptance of the space will acknowledge that there is in and about said Leased Premises nothing apparently dangerous to life, limb or health. Upon acceptance of the Leased Premises, Tenant agrees to enter into possession of the Leased Premises in their then condition.
Tenant’s Acceptance of Premises. The improvements that existed in the Demised Premises immediately prior to the execution of this Lease are shown on the plan attached as Exhibit B-1. Tenant represents to the Landlord that it has examined and inspected the Demised Premises and finds them to be as represented by the Landlord and satisfactory for Tenant's intended use. Tenant hereby accepts the Demised Premises “as is” except for Landlord's Work, if any, listed in Exhibit B-2. During the first One Hundred Twenty (120) days of the Term, Landlord will, at its own expense, repair any latent defects in the Demised Premises that were not readily apparent through visual inspection on the Commencement Date.
Tenant’s Acceptance of Premises. Tenant has inspected the Premises to its complete satisfaction and is familiar with its condition, and the City makes no representations or warranties with respect thereto, including but not limited to the condition of the Premises or its suitability or fitness for any use Tenant may make of the Premises. Tenant accepts the Premises AS IS, WHERE IS, WITH ALL FAULTS. No action or inaction by the Council, the City Manager, or any other officer, agent or employee of the City relating to or in furtherance of the lease of the Premises shall be deemed to constitute an express or implied representation or warranty that the Premises, or any part thereof, is suitable or usable or any specific purpose whatsoever. Any such action or inaction shall be deemed to be and constitute performance of a discretionary policy and planning function only, and shall be immune and give no right of action as provided in Alaska Statute §9.65.070, or any amendment thereto.
Tenant’s Acceptance of Premises. Tenant represents to the Landlord that it has examined and inspected the Demised Premises and finds them to be as represented by the Landlord and satisfactory for Tenant's intended use. Tenant hereby accepts the Demised Premises "as is" except for Landlord's Work, if any, listed in EXHIBIT B.
Tenant’s Acceptance of Premises. Within a period of sixty (60) days after commencement of the Initial Term, Tenant shall notify Landlord, in writing, of all portions of the Landlord's Improvements which are incomplete and Landlord shall forthwith complete such items. Failure to deliver such notice shall constitute an acknowledgment that the Landlord's Improvements are complete. Dated:_____________________ LANDLORD: OPUS WEST CORPORATION, a Minnesota corporation By: Name: Thomas W. Roberts Title: President Dated:_____________________ TXXXXX: XXXXX XXXMAL SUPPLIES, INC., a Delaware corporation By: Name: Title: By: Name: Title: SCHEDULE 1 Plans and Specification [To Be Attached] EXHIBIT "C" Preliminary Report EXHIBIT "D" Commencement Date Acknowledgment TO: Opus West Corporation 2030 Main Street, Suite 520 Irvine, CA 92614 Attn: Paul A. Marshxxx ("Xxxxxxxx") XXXX: XXXXX Xxxxxx Xxxxxxes 9125 Xxxxx Xxxx Xxx Diego, CA 92121-2270 Attn: Mark Drasin ("Tenxxx")
Tenant’s Acceptance of Premises. Tenant represents to the Landlord that it has examined and inspected the Demised Premises and finds them to be as represented by the Landlord, satisfactory for Tenant's intended use, and free from existing violations of Section 4.02. Tenant hereby accepts the Demised Premises "as is". Any additional improvements to be performed by Landlord are separately identified in EXHIBIT B.
Tenant’s Acceptance of Premises. Neither the Landlord nor its agents have made any representations with respect to the Premises, the building or the land upon which it is erected, except as expressly set forth herein and no rights, easements, or licenses are acquired by the Tenant by implication or otherwise except as expressly set forth in the provisions of this Lease. The taking of possession of the Premises by Tenant shall be conclusive evidence that the Tenant accepts the same “as is,” that all obligations imposed upon Landlord under Lease have been fully performed and that the Premises were in good condition at the time possession was taken.
