Acceptance by Xxxxxx. Mosaic shall have a reasonable time (but not less than 30 days) after receipt to inspect the Goods and Services tendered by Supplier. Mosaic at its option may reject all or any portion of such Goods or Services which do not, in Mosaic’s sole discretion, comply in every respect with each and every term and condition of the Order and this Agreement. Mosaic may elect to reject the entire Goods and Services tendered even if only a portion thereof is nonconforming. If Mosaic elects to accept nonconforming Goods or Services, Mosaic, in addition to its other remedies, shall be entitled to deduct a reasonable amount from the price thereof to compensate Mosaic for the nonconformity. Any acceptance by Mosaic, even if non-conditional, shall not be deemed a waiver or settlement of any defect in such Goods and Services.
Acceptance by Xxxxxx. 12. Tenant accepts the Leased Premises, as well as the improvements on the Leased Premises and facilities appurtenant to the Leased Premises, in their "as is" present condition. Xxxxxx agrees with, and represents to Landlord, that the Leased Premises have been inspected by Xxxxxx and that Xxxxxx has relied solely on the results of its own inspection and that Tenant's decision to enter into this Lease is a result of such Tenant inspection and not as a result of any representations made by Landlord or Landlord's agents or representatives. Xxxxxx acknowledges and agrees that neither Landlord nor any agent or representative of the Landlord have made any representation or warranty to the Tenant or any agent or representative of the Tenant regarding the Leased Premises or the suitability of the Leased Merced Community College District Bid No. 2016-09 Premises for the conduct of Xxxxxx's businessthereon or the Tenant's anticipated use or occupancy thereof. Xxxxxx's taking possession of the Leased Premises shall be deemed conclusive evidence of the foregoing.
Acceptance by Xxxxxx. The foregoing First Amended and Restated Note is hereby accepted by Lender in full substitution for the Original Note (as defined herein). The Original Note (but not the indebtedness evidenced by the Original Note) is hereby cancelled. Executed as of July 9, 2010. HEALTH CARE REIT, INC. By: /s/ Xxxx X. Xxxxx Title: Senior Vice President-Administration and Corporate Secretary EXHIBIT A: WIRE TRANSFER INSTRUCTIONS HEALTH CARE REIT, INC.
Acceptance by Xxxxxx. A Purchase Order will be considered accepted by Xxxxxx when the Purchased Equipment is delivered by Xxxxxx in accordance herewith or when acceptance of the Purchase Order is given to the Reseller by Xxxxxx in writing. Xxxxxx reserves the right to accept or reject any Purchase Order at its sole discretion and subject to availability and no Purchase Order will be effective unless and until so accepted by Xxxxxx.
Acceptance by Xxxxxx. Tenant accepts the Premises “AS IS”, including, without limitation, any and all buildings and other structures (both above and below grade) presently situated thereon. Xxxxxx agrees to renovate and rehabilitate the Premises and, as a result thereof, to remove, transport and dispose of all waste, debris and other materials from such buildings and structures on the Premises in accordance with all applicable laws, ordinances, rules, regulations and other governmental requirements, (including, without limitation, all Environmental Laws (as defined in Section 17.2, below) without cost or expense to Landlord.
Acceptance by Xxxxxx of the proper prepaid or periodic payment, after te1mination of this Group Plan Contract and without requiring new application, shall reinstate the Contract as though it had never terminated or been canceled unless Xxxxxx shall, within five (5) business days of receipt of such payment, either refund the payment so made or issue to the other party a new contract accompanied by written notice stating clearly those respects in which the new contract differs from the terminated contract in benefits, coverage, or otherwise.
Acceptance by Xxxxxx. Myriad hereby accepts the assignment herein provided on the POA Effective Date and covenants and agrees with Legion that it shall assume on the POA Effective Date, and thereupon and thereafter to be bound by and observe, carry out and perform and fulfil, all of the covenants, conditions, obligations and liabilities of Legion under the Option Agreement, to the same extent and with the same force and effect as though Myriad, instead of Legion, had been originally named as a party to the Option Agreement. For greater certainty and without limitation the assumption of obligations and liabilities by Myriad hereunder shall include without limitation any and all obligations and liabilities of Legion arising prior to the POA Effective Date.
Acceptance by Xxxxxx. Buyers expressly assume the risk of any hazards resulting from the proximity of the Property to one or more of the Sites.
Acceptance by Xxxxxx. Xxxxxx has inspected and knows the condition of the premises and, except as expressly stated herein to the contrary, accepts the same in their present condition.
Acceptance by Xxxxxx. Xxxxxx has inspected and knows the condition of the premises and accepts the same in their present condition (subject to ordinary wear, tear, and deterioration in the event the term commences April 1st and to the rights of present or former occupants, if any, to remove movable property).
