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. 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. 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. Beneficiary, 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 Trust Property, including all books, papers and accounts of Trustor relating to the business of Trustor conducted at such Trust Property, and may expel, remove and exclude Trustor, its agents and employees and any persons, goods and chattels occupying the Trust Property. If Trustor for any reason fails to surrender or deliver the Trust Property or any part thereof after such demand by Beneficiary, Beneficiary may obtain a judgment or decree conferring on Beneficiary the right to immediate possession or requiring the delivery to Beneficiary of the Trust Property, and Trustor specifically consents to the entry of such judgment or decree. Upon every such taking of possession, Beneficiary may (i) hold, store, use, operate, manage and control the Trust Property and conduct the business of Trustor thereon, (ii) perform all necessary and proper maintenance and make all necessary and proper repairs, renewals, replacements, additions, betterments and improvements thereto and thereon and purchase or otherwise acquire additional fixtures, personalty and other Property, (iii) keep the Trust Property insured, (iv) manage and operate the Trust Property and exercise all of the rights and powers of Trustor to the same extent as Trustor could in its own name, (v) enter into any agreements with respect to the exercise by others of any of the powers granted to Beneficiary herein, in such manner as Beneficiary 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 Trust 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 Beneficiary may determine to pay, (E) other proper charges upon the Trust Property or any part thereof and (F) the compensation, expenses and disbursements of the attorneys
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. The taking of possession of the Demised Premises along with the letter in Paragraph 3 by Tenant shall be deemed conclusively to be acknowledgement by Tenant that construction has been completed in accordance with Paragraph 6 (except for latent defects) and that the Lease Term has begun as of the later of August 1, 1994 or Landlord's completion of items in Paragraph 6.
Taking of Possession. The taking of possession of the Premises shall be -------------------- deemed an acceptance of the same by Tenant, and shall be deemed in any event substantial completion by Landlord of all of the improvements listed on the Work Agreement. For the purposes of this Section, the work to be done by Landlord shall be deemed substantially complete even though minor details or adjustments which shall not materially interfere with Tenant's use and occupancy of the Premises may not then have been completed, but which work Landlord agrees will thereafter be promptly completed.
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. Beneficiary, 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 Trust Property, including all books, papers and accounts of Trustor relating to the business of Trustor conducted at such Trust Property, and may expel, remove and exclude Trustor, its agents and employees and any persons, goods and chattels occupying the Trust Property. If Trustor for any reason fails to surrender or deliver the Trust Property or any part thereof after such demand by Beneficiary, Beneficiary may obtain a judgment or decree conferring on Beneficiary the right to immediate possession or requiring the delivery to Beneficiary of the Trust Property, and Trustor specifically consents to the entry of such judgment or decree. Upon every such taking of possession, Beneficiary may (i) hold, store, use, operate, manage and control the Trust Property and conduct the business of Trustor thereon, (ii) perform all necessary and proper maintenance and make all necessary and proper repairs, renewals, replacements, additions, betterments and improvements thereto and thereon and purchase or otherwise acquire additional fixtures, personalty and other Property, (iii) keep the Trust Property insured, (iv) manage and operate the Trust Property and exercise all of the rights and powers of Trustor to the same extent as
