Common use of Acceptance of the Premises Clause in Contracts

Acceptance of the Premises. Tenant or its representatives may, at reasonable times, enter upon the Premises during the progress of the work to inspect the progress thereof and to determine if the work is being performed in accordance with the requirements of Section 3.1. Tenant shall promptly give to Landlord notices of any alleged failure by Landlord to comply with those requirements. Landlord’s Work shall be deemed approved by Tenant when Tenant occupies the Premises for the conduct of its business, except for items of Landlord’s Work which are uncompleted or do not conform to Exhibit C and the Final Plans and as to which Tenant shall, in either case, have given written notice to Landlord within thirty (30) days following the Commencement Date as set forth in a punch-list as set forth below. A certificate of completion by Landlord’s architect or engineer and a Certificate of Occupancy shall be evidence that Landlord’s Work has been completed except for items stated in such certificate to be incomplete or not in conformity with Exhibit C and the Final Plans. Within five (5) days after the Town of Burlington issues a temporary Certificate of Occupancy, Landlord and Tenant shall meet for the purpose of determining the work remaining in order for Landlord to achieve a final Certificate of Occupancy, each acting reasonably and in good faith, and to select a subsequent date for a joint walk-through of the Premises in order to prepare a punch-list identifying items of Landlord’s Work which are incomplete (the “Punch-list Items”). Landlord shall cause such Punch-list Items to be completed within thirty (30) days after the preparation of the list by the parties, unless the parties agree upon any longer time periods. If Tenant notifies Landlord in writing of the existence of a latent defect in Landlord’s Work within one year following the Commencement Date, then Landlord at its expense subject to its General Contractor’s warranty will repair such defect. A “latent defect” is a defect in the construction of the Premises which defect would not ordinarily be observed during a walk-through inspection.

Acceptance of the Premises. Subject to Sections 1.5 and 1.1.2, Landlord shall deliver, and Tenant or its representatives mayshall accept from Landlord, at reasonable times, enter upon possession of the Premises during on the progress of the work to inspect the progress thereof "Delivery Date" (as specified in Section 1.12 above), and to determine if the work is being performed in accordance with the requirements of Section 3.1. Tenant shall promptly give to Landlord notices commence construction of any alleged failure by Landlord to comply with those requirements. Landlord’s Tenant's Work shall be deemed approved by Tenant when Tenant occupies the Premises for the conduct of its business, except for items of Landlord’s Work which are uncompleted or do not conform to as specified in Exhibit C and the Final Plans Addendum as soon as commercially reasonably possible after delivery of possession of the Premises and diligently prosecute such construction so as to complete and open the Premises for business. Landlord shall have the right, but not the obligation, at Tenant's sole cost, to construct any improvements included in Tenant's Work which Tenant shallshall have failed to construct as and when required by this Lease if, in either case, have given ten (10) days after receiving written notice from Landlord that Landlord intends to Landlord itself construct such improvements, Tenant has not itself commenced construction of said improvements and/or thereafter completed such construction within thirty (30) days following the Commencement Date as set forth in a punch-list as set forth belowdays. A certificate of completion by Landlord’s architect or engineer and a Certificate of Occupancy Tenant shall be evidence that deemed to conclusively deemed to have accepted the Premises, including Landlord’s Work has been completed 's Work, in AS IS condition, except for any items stated in specified on a punch list delivered to Landlord within twenty (20) days after Tenant occupies the Premises. Notwithstanding the foregoing, Tenant shall not be deemed to have waived its right to require Landlord to correct any latent defects as long as Tenant gives notice thereof to Landlord on the earlier of fifteen (15) days after discovery of such certificate to be incomplete defect or not in conformity with Exhibit C and the Final Plans. Within five fifteen (515) days after the Town of Burlington issues a temporary Certificate of Occupancy, Landlord and date Tenant shall meet for the purpose of determining the work remaining in order for Landlord should have been alerted to achieve a final Certificate of Occupancy, each acting reasonably and in good faith, and to select a subsequent date for a joint walk-through of the Premises in order to prepare a punch-list identifying items of Landlord’s Work which are incomplete (the “Punch-list Items”). Landlord shall cause such Punch-list Items to be completed within thirty (30) days after the preparation of the list by the parties, unless the parties agree upon any longer time periods. If Tenant notifies Landlord in writing of the existence of a latent defect in Landlord’s Work within one year following the Commencement Date, then Landlord at its expense subject to its General Contractor’s warranty will repair such defect. A “latent defect” is a defect in the construction of the Premises which defect would not ordinarily be observed during a walk-through inspectionthereof had Tenant acted reasonably.

Acceptance of the Premises. Tenant or its representatives may, at -------------------------- reasonable times, enter upon the Premises during the progress of the work to inspect the progress thereof and to determine if the work is being performed in accordance with the requirements of Section 3.1. Tenant shall promptly give to Landlord notices of any alleged failure by Landlord to comply with those requirements. Landlord’s 's Work shall be deemed approved by Tenant when Tenant occupies the Premises for the conduct of its business, except for (i) items of Landlord’s 's Work which are uncompleted or do not conform to Exhibit C and the Final Plans or Exhibit C-1 and as to which Tenant shall, in either case, have given written notice to Landlord prior to such occupancy, (ii) latent defects in workmanship or materials not then discoverable by a reasonable examination and as to which Tenant shall have given Landlord written notice within one (1) year after the Commencement Date, and (iii) a punchlist prepared by Tenant, subject to confirmation and verification by Landlord, based on an inspection made by the parties prior to the date on which Tenant occupies the Premises for the conduct of its business; provided, however, that if the Premises are not available to Tenant for such inspection prior to the date of Tenant's occupancy, then such punchlist shall be prepared and signed by Xxxxxx, and confirmed and verified in writing by Landlord, within twenty (20) days after Tenant first occupies the Premises. Landlord shall forthwith correct all defects noted on such punchlist within thirty (30) days following the Commencement Date as set forth in a punchthereafter, except for items which by their nature cannot be corrected within said 30-list as set forth belowday period, provided that Landlord shall use diligence to correct such items expeditiously. A certificate of completion by Landlord’s a licensed architect or registered engineer and a Certificate of Occupancy shall be conclusive evidence that Landlord’s Xxxxxxxx's Work has been completed except for items stated in such certificate to be incomplete or not in conformity with Exhibit C and the Final Plans. Within five (5) days after the Town of Burlington issues a temporary Certificate of Occupancy, Landlord and Tenant shall meet for the purpose of determining the work remaining in order for Landlord to achieve a final Certificate of Occupancy, each acting reasonably and in good faith, and to select a subsequent date for a joint walk-through of the Premises in order to prepare a punch-list identifying items of Landlord’s Work which are incomplete (the “Punch-list Items”). Landlord shall cause such Punch-list Items to be completed within thirty (30) days after the preparation of the list by the parties, unless the parties agree upon any longer time periods. If Tenant notifies Landlord in writing of the existence of a latent defect in Landlord’s Work within one year following the Commencement Date, then Landlord at its expense subject to its General Contractor’s warranty will repair such defect. A “latent defect” is a defect in the construction of the Premises which defect would not ordinarily be observed during a walk-through inspectionExhibit C-1.

Acceptance of the Premises. Tenant or its representatives may, at reasonable times, enter upon the Premises during the progress of the work to inspect the progress thereof and to determine if the work is being performed in accordance with the requirements of Section 3.1. Tenant shall promptly give to Landlord notices of any alleged failure by Landlord to comply with those requirements. Landlord’s Work shall be deemed approved by Tenant when Tenant occupies the Premises for the conduct of its business, except for items of Landlord’s Work which are uncompleted or do not conform to Exhibit C and the Final Plans and as to which Tenant shall, in either case, have given written notice to Landlord within thirty (30) days following the Commencement Date as set forth in a punch-list as set forth below. A certificate of completion by Landlord’s architect or engineer and a Certificate of Occupancy shall be evidence that Landlord’s Work has been completed except for items stated in such certificate to be incomplete or not in conformity with Exhibit C and the Final Plans. Within five (5) days after the Town of Burlington issues a temporary Certificate of Occupancy, Landlord and Tenant shall meet for the purpose of determining the work remaining in order for Landlord to achieve a final Certificate of Occupancy, each acting reasonably and in good faith, and to select a subsequent date for a joint walk-through of the Premises in order to prepare a punch-list identifying items of Landlord’s Work which are incomplete (the “Punch-list Items”). Landlord shall cause such Punch-list Items to be completed within thirty (30) days after the preparation of the list by the parties, unless the parties agree upon any longer time periods. If Tenant notifies Landlord in writing of the existence of a latent defect in Landlord’s Work within one year following the Commencement Date, then Landlord at its expense subject to its General Contractor’s warranty warranty, will repair such defect. A “latent defect” is a defect in the construction of the Premises which defect would not ordinarily be observed during a walk-through inspection.

Acceptance of the Premises. Tenant or its representatives mayThe base, shell, and core (i) of the Premises and (ii) of the floors of the Building on which the Premises are located (collectively, the “Base, Shell, and Core”) have previously been constructed and are being renovated by Landlord, at reasonable timesLandlord’s sole cost and expense, enter upon the Premises during the progress of the work to inspect the progress thereof and to determine if the work is being performed in accordance with the requirements of Section 3.1. “cold shell” plans and specifications attached hereto as Attachment 1 (the “Base Building Improvements”) and with respect to the Suite 300 Premises only, the additional improvements described on Attachment 2 attached hereto (the “Warm Shell Improvements”), and, subject to any punchlist items, Tenant shall promptly give accept the Base, Shell and Core in its “As-Is” condition existing as of the Delivery Date so long as same were performed: (x) in compliance with applicable Laws, and (y) in a good and workmanlike manner. Subject to the preceding sentence, Tenant has inspected and examined the Premises, is thoroughly familiar with the Premises and has elected to lease the Premises as provided in the Lease on a strictly “AS IS” and “WHERE IS” basis. Except as provided in this Article 1, Landlord notices of shall have no obligation to perform any alleged failure by Landlord work to comply with those requirements. Landlord’s Work shall be deemed approved by Tenant when Tenant occupies prepare the Premises for the conduct of its business, except for items of Landlord’s Work which are uncompleted use or do not conform to Exhibit C and the Final Plans and as to which occupancy by Tenant. All Tenant shall, in either case, have given written notice to Landlord within thirty (30) days following the Commencement Date as set forth in a punch-list as set forth below. A certificate of completion by Landlord’s architect or engineer and a Certificate of Occupancy Improvements shall be evidence that Landlord’s the responsibility of Tenant in accordance with the provisions of this Tenant Work has been completed except for items stated in such certificate to be incomplete or not in conformity with Exhibit C and the Final Plans. Within five (5) days after the Town of Burlington issues a temporary Certificate of Occupancy, Landlord and Tenant shall meet for the purpose of determining the work remaining in order for Landlord to achieve a final Certificate of Occupancy, each acting reasonably and in good faith, and to select a subsequent date for a joint walk-through of the Premises in order to prepare a punch-list identifying items of Landlord’s Work which are incomplete (the “Punch-list Items”)Letter. Landlord shall cause such Punch-list Items provide Tenant with no less than ten (10) business days’ notice prior to be completed within thirty (30) days after the preparation date of Substantial Completion of the list by Base Building Improvements and with respect to the partiesSuite 300 Premises, unless the parties agree upon any longer time periods. If Tenant notifies Landlord in writing of the existence of a latent defect in Landlord’s Work within one year following the Commencement Date, then Landlord at its expense subject to its General Contractor’s warranty will repair such defect. A “latent defect” is a defect in the construction of the Premises which defect would not ordinarily be observed during a walk-through inspectionWarm Shell Improvements.