Delivery Condition definition
Delivery Condition has the meaning set forth in Section 2.1.
Delivery Condition means that (a) the Landlord’s TI Work has been Substantially Completed (as defined in the Work Letter), (b) the elements of the Base Building Work required for Tenant to operate its business in the Premises have been substantially completed, including, without limitation, the Base Building Work necessary to provide to the Premises the utilities set forth in the Utility Capacity Matrix attached to this Lease as Exhibit H, (c) the Building Systems (as hereinafter defined) are in good working condition and suitable for laboratory/life science use, and (d) the Premises is vacant, broom-clean condition and in all other respects in its “as is,” “where is” condition. All work to be performed by T▇▇▇▇▇ in connection with T▇▇▇▇▇’s initial occupancy of the Premises (collectively, the “Initial Installations”) shall be considered to be “Alterations” and shall be performed in accordance with the terms and conditions of this Lease, including, without limitation, the provisions of Section 7.3. Landlord shall be deemed to have tendered possession of the Premises to Tenant upon the delivery of notice by Landlord to Tenant stating that the Premises are vacant, broom-clean, and in the condition required by this Lease. Except to the extent expressly set forth in Section 3.4 below, no failure to tender possession of the Premises to Tenant on or before any particular date shall affect any other obligations of Tenant hereunder. There shall be no postponement of the Rent Commencement Date for any delay in the tender of possession to Tenant which results from any Tenant Delay (as defined in the Work Letter). Tenant’s commencement of the Initial Installations shall be conclusive evidence, as against Tenant, that Landlord has Substantially Completed the Landlord’s TI Work, T▇▇▇▇▇ has accepted possession of the Premises in its then current condition and at the time such possession was taken, the Premises, the Building, and the Property were in a good and satisfactory condition as required by this Lease; provided, however, that the foregoing shall not limit or detract from Landlord’s ongoing repair and maintenance obligations set forth in this Lease, or Landlord’s obligations to substantially complete the Base Building Work or any of Landlord’s punch list obligations set forth in the Work Letter. Once the Commencement Date is determined, Landlord and Tenant shall endeavor to execute an agreement, substantially in the form attached hereto as Exhibit B, confirming the Commencement Date,...
Delivery Condition means clear of all personal property of Assignor, broom clean, free of debris and otherwise in the "AS IS" "WHERE IS" existing condition as of the date of this Assignment with no representations or warranties whatsoever by Assignor as to the physical, legal or any other condition of the Premises except as may be expressly set forth herein.
Examples of Delivery Condition in a sentence
Any delay in the Delivery of an Aircraft by Seller as a result of the application of this Section 5(c) shall not be considered a Seller Default Event; provided that in the event that Seller is unable to rectify all Discrepancies within such period under this Section 5(c), such that the applicable Aircraft is unable to be Delivered in Delivery Condition, such failure shall constitute a Seller Default Event and Purchaser shall have the rights and remedies available pursuant to Section 14.
The occurrence of one or more of the following events shall constitute a default by Seller: (a) Seller’s failure to deliver any Aircraft in accordance with the Delivery Condition (including, without limitation, as a result of the failure or inability to correct any Discrepancies within the thirty (30) day time period provided for in Section 5(c)), or (b) Seller’s failure to observe or perform any of its other material obligations under this Agreement (each of clauses (a) and (b), a “Seller Default Event”).
At such time and on such date as all Discrepancies have been corrected and the applicable Aircraft is returned to service in the Delivery Condition, Purchaser shall promptly execute and deliver an Acceptance/Rejection Certificate pursuant to Section 5(b)(i) accepting the applicable Aircraft and take Delivery of the Aircraft, subject to the satisfaction or waiver of the conditions set forth in Section 8(b).
On the Closing Date, the Aircraft will be Delivered to Purchaser in the Delivery Condition, and otherwise in an “as is, where is, with all faults” condition.
More Definitions of Delivery Condition
Delivery Condition means the condition that an Aircraft must be in at the time it is tendered by American to FedEx for Delivery as prescribed by Section 3.06.
Delivery Condition means the following: (i) Substantial Completion of the Landlord’s Work has occurred (subject only to the completion of the Punch-List Items) (subject to the provisions of Section 4.3(f) and Section 4.5(c)), (ii) the Base Building Work Substantial Completion Certificate has been delivered and the Base Building Work has been substantially completed in accordance with and subject to the provisions of Section 4.1, and (iii) the Premises are vacant, and free and clear of all tenants and occupants.
Delivery Condition shall have the meaning provided at Clause 5.4;
Delivery Condition shall occur at such time as Landlord delivers the applicable Phase to Tenant for commencement of construction of the Improvements, and in compliance with the conditions set forth in Schedule 3, attached hereto. The “Delivery Date” shall occur on the date of Landlord’s delivery of the applicable Phase to Tenant in the Delivery Condition, which date shall be no earlier than the date that Landlord certifies to Tenant that, to the extent required to satisfy the Delivery Condition, the applicable Base Building has been partially completed in accordance with the Base Building Construction Drawings and Specifications, but shall not occur prior to May 18, 2018. The Delivery Date shall be deemed to occur on the date the Delivery Condition would have occurred but for “Tenant Delays” (defined below). Landlord shall provide Tenant with thirty (30) days prior written notice of the date the applicable Phase is anticipated to be delivered to Tenant in the Delivery Condition, if such date is different from the anticipated applicable Delivery Date specified in Section 1.5 below. The parties acknowledge and agree that the Delivery Condition does not reflect all work necessary to cause each Building to comply with the Base Building Construction Drawings and Specifications or to be in substantially completed Base, Shell and Core condition as set forth in the Base Building Construction Drawings and Specifications. As such, Landlord shall continue to be obligated to perform additional construction after the completion of the Delivery Condition to cause the applicable Phase to be in Final Condition (as defined below). From and after the date Landlord delivers the applicable Phase to Tenant in the Delivery Condition, neither party shall unreasonably interfere with or delay the work of the other party or of other tenants and occupants of the Project and/or their contractors or consultants, and Landlord and Tenant shall mutually coordinate and cooperate with each other and with other tenants and occupants of the Project, and shall cause their respective employees, vendors, contractors, and consultants to work in harmony with and to mutually coordinate and cooperate with the other’s employees, vendors, contractors and consultants, respectively, to minimize any interference or delay by either party with respect to the other party’s work, including, without limitation, coordinating shared use of the Project loading docks and freight elevators. Notwithstanding the foregoing, in the eve...
Delivery Condition shall have the meaning given to it in Section 9.3 hereof.
Delivery Condition means broom-clean condition with respect only to the Landlord Work (and shall not require any construction-related clean up by Landlord with respect to any Tenant Work), with the work set forth on Exhibit B-1 hereto (“Landlord Work”) Substantially Complete.
Delivery Condition means the Aircraft will be in the following condition: