Condition of Facility. The Facility Coordinator and Red Cross Manager (or designee) will jointly conduct a survey of the Facility before it is turned over to the Red Cross. They will use the first page of the Red Cross’s Facility/Shelter Opening/Closing Form to record any existing damage or conditions. The Facility Coordinator will identify and secure all equipment in the Facility that the Red Cross should not use. The Red Cross will exercise reasonable care while using the Facility and will not modify the Facility without the Owner’s express written approval.
Condition of Facility. To the best of Tenant’s and Subtenant’s knowledge, all of the mechanical and electrical systems, heating and air-conditioning systems, plumbing, water and sewer systems, and all other items of mechanical equipment or appliances are in good working order, condition and repair, are of sufficient size and capacity to service the Facility for the Facility Uses and conform with all applicable ordinances and regulations, and with all building, zoning, fire, safety, and other codes, laws and orders. The Improvements, including the roof and foundation, are structurally sound and free from leaks and other defects.
Condition of Facility. To the best of Tenant's knowledge, all of the mechanical and electrical systems, heating and air-conditioning systems, plumbing, water and sewer systems, and all other items of mechanical equipment or appliances are in good working order, condition and repair, are of sufficient size and capacity to service the Facility for the Facility Uses and conform with all applicable ordinances and regulations, and with all building, zoning, fire, safety, and other codes, laws and orders. The Improvements, including the roof and foundation, are structurally sound and free from leaks and other defects.
Condition of Facility. All (i) equipment included in the Personal Property (other than spares and other equipment not currently in service) and (ii) all buildings, structures, and fixtures comprising each Facility are in good operating condition and repair and have been maintained by the LLC in accordance with Good Operating Practices, except for (A) ordinary wear and tear, (B) matters that are not likely to, individually or in the aggregate, have a Material Adverse Effect, and (C) matters described in Schedule 4.1(v).
Condition of Facility. At the conclusion of the rental, users will ensure that the facility is left in a clean and tidy manner and in the condition it was found.
Condition of Facility. The Facility Coordinator and Shelter Manager (or designee) will jointly conduct a pre-occupancy survey of the Facility before it is turned over to the Red Cross. They will use the first page of the Facility/Shelter Opening/Closing Form, available on CrossNet, to record any existing damage or conditions. The Facility Coordinator will identify and secure all equipment that the Red Cross should not use while sheltering in the Facility. The Red Cross will exercise reasonable care while using the Facility as a shelter and will make no modifications to the Facility without the express written approval of the Owner.
Condition of Facility. (a) Licensee acknowledges that Licensee has inspected the Facility, and that Licensee is satisfied with and has accepted the Facility “AS IS” in its present condition.
(b) NSU shall have the continuing obligation and responsibility to maintain and keep the Facility in good order and repair, normal wear and tear excepted; provided, however, that
(i) the failure by NSU to accomplish the foregoing resulting from circumstances beyond the reasonable control of NSU, shall not be considered a breach of this Agreement by NSU, and (ii) any damages to the Facility and its appurtenances caused by Licensee or its officers, directors, agents, employees, students, subcontractors, licensees, or invitees shall be paid for by Licensee at the actual or estimated cost of repair, as elected by NSU.
(c) Licensee shall not make any alterations or improvements to the Facility without the prior written consent of NSU. Any alterations or improvements of whatever nature made or placed by Licensee to or on the Facility, except movable trade fixtures, shall, at the option of NSU, (i) be removed by Licensee without damage to the Facility, at Licensee’s expense, immediately upon the conclusion of the Event, or (ii) become the property of the University. NSU may, at its election, accept delivery of property addressed to Licensee only as a service to Licensee, and Licensee will indemnify, defend, and hold harmless the University and its agents, employees, trustees, and officers for any loss or damage to such property in the receipt, handling, care, and custody of such property at any time. Licensee’s indemnification-related obligations set forth in the preceding sentence (i) shall survive the expiration or termination of this Agreement, and (ii) shall not be construed as a waiver (a) by Licensee of sovereign immunity that may be available to Licensee under Florida law, or (b) of Licensee of any rights or limits to liability existing under Section 768.28, Florida Statutes. NSU assumes no responsibility whatsoever for any property placed in the Facility. Notwithstanding anything to the contrary set forth herein, Licensee shall be solely responsible and liable for any and all Losses arising out of any and all rigging from or to the physical structure of the Facility or any fixture thereto, set-up, alterations, and/or improvements at or to the Facility necessitated by and/or performed with respect to the Event.
(d) NSU may, at its election, accept delivery of property addressed to Licensee o...
Condition of Facility. The University makes no warranties or representations regarding the Facility, or its fitness for a particular purpose or Event. The Facility is provided in an AS IS condition.
Condition of Facility. To the best of Tenant’s knowledge and except as otherwise disclosed in writing by Tenant to Landlord prior to the Effective Date, all of the mechanical and electrical systems, heating and air-conditioning systems, plumbing, water and sewer systems, and all other items of mechanical equipment or appliances are in good working order, condition and repair, are of sufficient size and capacity to service the Facility for the Facility Uses and conform with all applicable ordinances and regulations, and with all building, zoning, fire, safety, and other codes, laws and orders. The Improvements, including the roof and foundation, are structurally sound and free from leaks and other defects.
Condition of Facility. (a) Licensee acknowledges that Licensee has inspected the Facility and that Licensee is satisfied with and has accepted the Facility in its present condition.
(b) SMG shall have the continuing obligation and responsibility to maintain and keep the Facility in good order and repair, normal wear and tear excepted; provided, however, that any damages to the Facility and its appurtenances caused by Licensee or its officers, directors, agents, employees, Licensees, or invitees shall be paid for by Licensee at the actual or estimated cost of repair.
(c) Licensee shall not make any alterations or improvements to the Facility without the prior written consent of SMG. Any alterations or improvements of whatever nature made or placed by Licensee to or on the Facility, except movable trade fixtures, shall, at the option of SMG, (i) be removed by Licensee, at Licensee’s expense, immediately upon the conclusion of the Event, or (ii) become the property of Owner.
