Acceptance by Xxxxxx Sample Clauses

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. 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. 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. Doble will submit a Test Report to Lessee upon completion of the Laboratory Services. Within thirty (30) days of receipt of the Test Report, Lessee shall notify Doble in writing of any nonconforming Laboratory Services. Doble shall, within a reasonable time, remedy any specified nonconformity in accordance with the warranty obligations of this Section 7(E). If Xxxxxx does not issue a notice of nonconformity, Xxxxxx’s acceptance of the Laboratory Services shall be considered final as of the thirty-first (31st) day following the date of Doble’s submission of the Test Report.

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. 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).

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. 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. 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. Except for Landlord’s obligation to deliver the Premises to Tenant free of all personal property and debris, Xxxxxx accepts the Premises “AS IS”, with all faults, including, without limitation, any and all buildings and other structures (both above and below grade) presently situated thereon in their present condition, without warranty of any kind, except as to Landlord’s title to the Premises. Xxxxxx agrees to renovate and rehabilitate the Premises and improvements thereon 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) without cost or expense to Landlord, in accordance with the provisions of this Lease. Notwithstanding the foregoing, should the Tenant discover the presence of any Hazardous Materials (as defined in Section 17.2) upon the Premises after delivery , for which the cost of remediation payable to third parties is reasonably estimated in writing by an environmental remediation contractor licensed in the State of Connecticut and reasonably acceptable to Landlord to exceed the sum of $70,000.00, and Landlord does not agree in writing within thirty (30) days after receipt of such written estimate (“Landlord’s Acceptance Period”) to bear such remediation costs payable to third parties in excess of the sum of $70,000.00 (“Excess Remediation Costs”), Tenant shall have the right, by written notice to Landlord within thirty (30) days after expiration of Landlord’s Acceptance Period without Landlord having agreed to bear Excess Remediation Costs, to terminate this Lease, whereupon the Parties shall be released and relieved from all further liability hereunder, except for the Parties’ obligation under Section 7.5, which shall survive such termination for so long as is necessary to fulfill the intent thereof. If, within Landlord’s Acceptance Period, Landlord agrees to bear Excess Remediation Costs and to the extent that same do not exceed six months of Base Rent, Landlord may bear them in the form of a credit to Base Rent (as defined in Section 3.1) beginning immediately upon the Commencement Date (as defined in Section 2.2). Landlord’s liability for Excess Remediation Costs, including the related Base Rent credit, shall be based upon documentation reasonably acceptable to Landlord regarding Tenant’s third party costs of environmental remediation.