Completion and Occupancy of the Premises. 2 ARTICLE 4.
Completion and Occupancy of the Premises. Section 4.01. Tenant has inspected the Premises and acknowledges that the Premises is in good order and repair and accepts the Premises for occupancy (including any mechanical/electrical equipment, wherever located) in its present condition "AS IS" on the date hereof except as otherwise expressly provided herein. Tenant shall perform all work to prepare the Premises for its occupancy in accordance with the Work Letter attached hereto as Exhibit C which is incorporated herein by reference. Landlord shall have no obligation whatsoever to perform any work in or for the Premises to prepare same for the occupancy by Tenant, except that to the extent that Landlord's representations relating to the physical condition of the Premises are untrue, Landlord shall promptly, at its sole cost, cure any condition resulting from such misrepresentation.
Completion and Occupancy of the Premises. SECTION 3.01. Landlord shall perform Landlord's Construction, and shall make diligent efforts to complete same on or before the date specified as ITEM 7 in the Data Sheet. Landlord's Construction shall be performed in a first-class manner as to workmanship, installation and materials, and in accordance with Tenant's approved plans. Tenant shall have the right to make change orders to said approved plans, upon Landlord's prior written consent. Landlord shall provide Tenant with any and all
Completion and Occupancy of the Premises. SECTION 3.01. Landlord shall perform Landlord's Construction, and shall make diligent efforts to complete same on or before the date specified as ITEM 7 in the Data Sheet. Landlord's Construction shall be performed in a first-class manner as to workmanship, installation and materials, and in accordance with Tenant's approved plans. Landlord's Construction shall be warranted by Landlord for twelve (12) months following substantial completion. Tenant shall have the right to make change orders to said approved plans, upon Landlord's prior written consent. Landlord shall provide Tenant with any and all resulting cost increases and/or time delays associated with said change orders upon approving same. All such cost increases and/or time delays shall be at Tenant's expense. Landlord shall perform Landlord's Construction in compliance with all applicable federal, state and local laws, codes, statutes, ordinances, guidelines, rules and regulations. During the course of construction, Landlord shall keep Tenant duly apprised of the progress of Landlord's Construction and any claimed delays. Notwithstanding any Unavoidable Delays or anything to the contrary elsewhere in this Lease, in the event that the Premises are not available for Tenant's occupancy in accordance with Section 3.02 by December 31, 1996 for any reason other than delays caused by Tenant, then Tenant shall have the right to terminate this Lease without penalty, and receive a refund of any amounts previously paid to Landlord, on ten (10) days' written notice, unless within such ten-day period Landlord delivers possession in compliance with the requirements of Section 3.
Completion and Occupancy of the Premises. Section 3.01 Landlord agrees and covenants to (a) perform the work and make the installations in the Premises as described and defined as "Landlord's Work" in Exhibit C ("Work Letter"), and (b) to deliver to Tenant the (i) Initial Premises on or before April 10, 2000, (ii) the First Additional Premises on or before May 1, 2000, (iii) the Second Additional Premises on or before January 1, 2001, and (iv) the Third Additional Premises on or before July 1, 2002. All of the terms of Exhibit C are incorporated herein as if fully set forth at length. It is expressly understood that Landlord shall have no obligation to perform any Tenant Work, as defined in Paragraph 3A of the Work Letter.
(a) For the purposes of Section 2.01, the Initial Premises, First Additional Premises, Second Additional Premises and Third Additional Premises, as the case may be, shall be conclusively deemed available for occupancy as soon as the following conditions shall have been met:
(i) Landlord's Work with respect to the Initial Premises, First Additional Premises, Second Additional Premises and Third Additional Premises, as the case may be, shall be substantially completed in accordance with Exhibit C. Landlord's Work shall be deemed substantially completed notwithstanding the fact that (A) minor or insubstantial details of construction, mechanical adjustment or decoration remain to be performed, subject to the provisions of Section 3.03 below (the "Punch List Items"); and/or (B) portions of Landlord's Work have not been completed because under good construction scheduling practice such work should be done after still uncompleted finishing or other work to be done by or on behalf of Tenant is completed; and
(ii) Landlord shall have given Tenant five (5) days notice that the condition described in clause (i) above has been satisfied.
(b) In no event shall the performance, the non-performance or the failure to complete any Tenant Work affect the determination of when the Premises or any floor thereof are available for occupancy.
(c) Landlord agrees to give Tenant at least ten (10) days prior written notice of the projected date of the satisfaction of the condition set forth in Section 3.02(a)(i). Notwithstanding the foregoing, Landlord's failure to give Tenant such notice shall in no event affect the determination of the Commencement Date, First Additional Premises Commencement Date, Second Additional Premises Commencement Date or Third Additional Premises Commencement Date, as the case ...
Completion and Occupancy of the Premises. Section 4.01 Tenant shall take possession of the Premises in its then "as is" condition, except that Landlord agrees to perform the work and make the installations in the Premises described and defined as "Landlord's Work" in Exhibit C. All of the terms of Exhibit C are incorporated herein as if fully set forth at length.
Section 4.02 The taking of occupancy of the whole or any part of the Premises by Tenant shall be conclusive evidence, as against tenant, that Tenant accepts possession of the same and that the Premises and the Building were in good and satisfactory condition at the time such occupancy was so taken and that the Premises were substantially as shown on Exhibit B.
Completion and Occupancy of the Premises. SECTION 4.01 Landlord agrees to perform work and make installations in the Premises as set forth in Exhibit C ("Work Letter"). All the terms of Exhibit C are incorporated herein as if fully set forth at length.
SECTION 4.02 For the purposes of Section 2.01, the Premises shall be conclusively deemed available for occupancy as soon as the following conditions have been met:
(a) a certificate or certificates of occupancy (temporary or final) permitting occupancy of the Premises has or have been issued by the Department of Buildings of The City of New York or any successor department;
(b) Landlord's Work with respect to the Premises has been substantially completed. Landlord's Work shall be deemed substantially completed notwithstanding the fact that (i) minor or insubstantial details of construction, mechanical adjustment or decoration remain to be performed or (ii) portions of Landlord's Work have not been completed because under good construction scheduling practice such work should be done after still incompleted finishing or other work to be done by or on behalf of Tenant is completed;
Completion and Occupancy of the Premises. Delivery of the Premises.
(a) Landlord shall construct the base building improvements ("Base Building Improvements") described on Exhibit C attached hereto. Landlord shall complete the Base Building Improvements no later than August 15, 2000 .Landlord's obligation to deliver the Premises to Tenant with the Base Building Improvements substantially completed on or before August 15, 2000 shall be extended by the number of days of delay resulting from any "Force Majeure Delay" as defined in Section 16.12
Completion and Occupancy of the Premises. Effective as of the date hereof, Article 3 of the Original Lease is amended and restated as follows:
Completion and Occupancy of the Premises
