Common use of Tenant’s Acceptance of Premises Clause in Contracts

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. If Tenant shall accept the Premises "as is" on the date Commencement Date (as hereinafter defined). Except for the Landlord's obligation, if any, to construct the Leasehold Improvements are substantially complete there should remain items described in Exhibit E, Landlord shall have no obligation to construct any improvements in the Premises, and any other alteration to or improvement of construction the Premises shall be governed by Section 8 below. By taking possession or finish work using the Premises, Tenant shall be deemed to be completed which do not materially interfere with Tenant's accept the same in their condition existing as of the date of such possession or use and subject to all applicable municipal, county, state and federal statutes, laws, ordinances, including zoning ordinances, and regulations governing and relating to the use, occupancy or enjoyment possession of the Premises ("Regulations"). Tenant shall, at Tenant's sole cost and expense, comply with all Regulations now in force or which may hereafter be in force relating to the Premises and the use of the Premises, Landlord and Tenant shallshall secure any permits therefore. The taking of possession or use of the Premises by Tenant shall conclusively establish that the Leasehold Improvements have been constructed in accordance with the Plans (as defined in Exhibit E); provided, 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 sentencehowever, Tenant shall have a period of thirty (30) days after taking possession of the right Premises in which to notify Landlord in writing of any construction deficiencies or defects and any uncompleted punch list items (the punch list shall be limited to items required to be accomplished by Landlord under the Exhibit E and, except as hereafter provided, Landlord will repair, replace or complete at its expense all items referenced in such notice within thirty (30) days after receipt of such notice, subject to Unavoidable Delays (as hereinafter defined), or as soon thereafter as Landlord, acting in good faith, can repair, replace or complete the items same. If Landlord reasonably contends that a particular item in such notice is not justified, the parties will refer the issue to Landlord's Architect for resolution. Landlord's Architect's determination shall be final and offset binding upon the cost of completion against the Fixed Rent parties. Nothing in this Section shall limit or expand Landlord's maintenance and Additional Rent next due under this Lease within the limits repair obligations set forth in Section 18.307.03. If there is any dispute as to work performed or required to be performed by Landlord, Tenant acknowledges that the existence of any Punch List items or the completion thereof only warranties and representations Landlord has made in accordance connection with the terms physical condition 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, Premises or Tenant's acceptance use of possession shall conclusively be deemed to establish that the Premises have been completed. Tenant waives any claim as to matters not listed same upon which it has relied directly or indirectly are those expressly provided 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 2.4this Lease.

Tenant’s Acceptance of Premises. If a. On the Commencement Date, Landlord shall deliver the Premises to Tenant broom clean, free of debris and with all mechanical, plumbing and electric systems serving the Premises in good working order (subject to ongoing Initial Improvement work); provided that if such systems are not in good working order, as Txxxxx’s sole remedy, Landlord shall repair same as expeditiously as practicable so long as Tenant notifies Landlord of a defect or nonworking condition within thirty (30) days of the Commencement Date, failing which, such good condition shall be presumed (and if the nonworking condition or defect is due to the actions or inaction of Tenant or any Tenant Parties, then Tenant shall reimburse Landlord for the costs of repair or replacement upon demand). Tenant shall accept the Premises “as is” on the date Commencement Date (as hereinafter defined). Except for the Landlord's ’s obligation, to construct the Initial Improvements are substantially complete there should remain items of construction or finish work to described in Exhibit C, which shall be completed following the Commencement Date, Landlord shall have no obligation to construct any improvements in the Premises, and any other alteration to or improvement of the Premises shall be governed by Section 8 below. By taking possession of or using the Premises, Tenant shall be deemed to accept the same in their condition existing as of the date of such possession or use and subject to Regulations. Tenant shall, at Tenant’s sole cost and expense, comply with all Regulations now in force or which do not materially interfere with Tenant's use, occupancy or enjoyment may hereafter be in force relating to the Premises and the use of the Premises, Landlord and Tenant shall, within 10 business shall secure any permits therefore. Tenant shall have a period of thirty (30) days from after the date the Landlord's Initial Improvements are substantially complete, prepare a written completed in which to notify Landlord in writing of any construction deficiencies or any failure of the Initial Improvements to comply with any Regulations or any uncompleted punch list items (the "Punch List"punch list shall be limited to items required to be accomplished by Landlord under the Exhibit C) and, except as hereafter provided and as Tenant’s sole option, Landlord will repair, replace or complete at its expense all items referenced in such notice within thirty (30) days after receipt of such uncompleted items. Landlord agrees notice, subject to complete the Punch List item(s) within 30 days after the Punch List is delivered to Unavoidable Delays (as hereinafter defined), or as soon thereafter as Landlord, provided that if the nature of any items on the list is such that they cannot be completed within 30 daysacting in good faith, then within such longer period of time as is reasonably necessary to can repair, replace or complete the same, provided Landlord commences the completion within the 30 day period and thereafter diligently pursues completion. If Landlord reasonably contends that a particular item in such notice is not justified, the Landlord does not complete any Punch List items within parties will refer the time required by issue to Landlord’s Architect for resolution. Lxxxxxxx’s Architect’s determination shall be final and binding upon the previous sentence, Tenant parties. Nothing in this Section shall have the right to complete the items limit or expand Landlord’s maintenance and offset the cost of completion against the Fixed Rent and Additional Rent next due under this Lease within the limits repair obligations set forth in Section 18.307.03. If there is any dispute as Tenant acknowledges that the only warranties and representations Landlord has made in connection with the physical condition of the Premises or Tenant’s use of the same upon which it has relied directly or indirectly are those expressly provided in this Lease. As used herein, “Unavoidable Delays” means delays due to work performed fire, earthquake, inclement weather, acts of God, acts of the public enemy, riot, insurrection, governmental delays or required to be performed by Landlord, regulations of the existence sales of any Punch List items materials or supplies or the completion thereof in accordance with transportation thereof, strikes or boycotts, shortages of material or labor, epidemics, any other causes beyond the terms reasonable control 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. If Except as set forth in Exhibit D, Tenant shall accept the Premises “as is” on the Commencement Date (as hereinafter defined). By taking possession or using the Premises, Tenant shall be deemed to accept the same in their condition existing as of the date of such possession or use and subject to all applicable municipal, county, state and federal statutes, laws, ordinances, including zoning ordinances, and regulations governing and relating to 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 possession of the Premises, Landlord and Premises (collectively “Regulations”). Tenant shall, within 10 business days from at Xxxxxx’s sole cost and expense, comply with all Regulations now in force or which may hereafter be in force relating to the date Premises and the use of the Premise. Except for any punchlist items identified pursuant to Exhibit D, the taking of possession or use of the Premises by Tenant shall conclusively establish that the Landlord's ’s Work (as defined in Exhibit D) has been constructed in accordance with Exhibit D and that the Tenant Improvements are substantially complete, prepare a written list (as defined in Exhibit D) have been constructed in accordance with the "Punch List") of such uncompleted itemsWorking Drawings (as defined in Exhibit D). Landlord agrees to complete the Punch List item(s) within 30 days after the Punch List is delivered to Nothing in this Section shall limit or expand 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 ’s maintenance 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 repair obligations set forth in Section 18.307.03. Tenant acknowledges that the only warranties and representations Landlord has made in connection with the physical condition of the Premises or Tenant’s use of the same upon which it has relied directly or indirectly are those expressly provided in this Lease, Notwithstanding anything in this Section 2 to the contrary, Landlord warrants for thirty (30) days following the Commencement Date that the mechanical and plumbing systems serving the Premises are in good working order. Landlord shall repair any defective or malfunctioning component of such systems of which Landlord has received written notice from Tenant describing the failure or malfunction; provided such written notice is given within thirty (30) days of the Commencement Date. In addition, and notwithstanding anything in this Section 2 to the contrary, Landlord warrants that to its actual knowledge the buildings constituting the premises comply with applicable Regulations that were in effect at the time that each building, or portion thereof, was constructed. Such warranty does not apply to (i) modifications which may be required as a result of Tenant’s use of the Premises or (ii) Tenant’s alterations, additions, or improvements to the premises. If there is any dispute as to work performed or required to be performed by the premises do not comply with such warranty, Landlord shall rectify the same at 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’s expense. Tenant shall promptly furnish make a claim under such warranty (if at all ) within thirty (30) days of the Commencement Date and Tenant’s failure to Landlord deliver a written notice if Tenant discovers any claim within such incomplete item. Tenant's sole and exclusive remedy with respect to any incomplete item time period shall be the right to cause Landlord to complete deemed a waiver of its rights under such item substantially in accordance with the Final Plans and Specifications pursuant to Section 2.4warranty.