Common use of Condition of the Premises Clause in Contracts

Condition of the Premises. (a) Prior to the commencement date, tenant will conduct a walk-through inspection of the premises with landlord and prepare a punch-list of items needing additional work by landlord. Other than the items specified in the punch-list and latent defects (as defined below), by taking possession of the premises, tenant will be deemed to have accepted the premises in their condition on the date of delivery of possession and to have acknowledged that landlord has installed the improvements as required by this workletter and that there are no items needing additional work or repair. The punch-list will not include any damage to the premises caused by tenant's move-in or early access, if permitted. Damage caused by tenant will be repaired or corrected by landlord at tenant's expense. Tenant acknowledges that neither landlord nor its agents or employees have made any representation or warranties as to the suitability or fitness of the premises for the conduct of tenant's business or for any other purpose, nor has landlord or its agents or employees agreed to undertake any alterations or construct any tenant improvements to the premises except as expressly provided in this lease and this workletter. If tenant fails to submit a punch-list to landlord prior to the commencement date, it will be deemed that there are no items needing additional work or repair. Xxxxxxxx's contractor will complete all reasonable punch-list items within 30 days after the walk-through inspection or as soon as practicable after such walk-through. (b) A "latent defect" is a defect in the condition of the premises, caused by landlord's failure to construct the improvements in a good and workmanlike manner and in accordance with the working drawings, which would not ordinarily be observed during a walk-through inspection. If tenant notifies landlord of a latent defect within one year following the commencement date, then landlord, at its expense, will repair the latent defect as soon as practicable. Except as set forth in this paragraph 10, landlord will have no obligation or liability to tenant for latent defects.

Appears in 1 contract

Samples: Lease Agreement (Mounger Corp)

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Condition of the Premises. (a) A. Prior to the commencement dateCommencement Date, tenant Tenant will conduct a walk-through inspection of the premises Premises with landlord Landlord and prepare a punch-list of items needing additional work by landlordLandlord. Other than the items specified in the punch-list and "latent defects defects" (as defined below), by taking possession of the premisesPremises, tenant Tenant will be deemed to have accepted the premises Premises in their condition on the date of delivery of possession and to have acknowledged that landlord Landlord has installed the improvements as required by this workletter Tenant Construction Agreement and that there are no items needing additional work or repair. The punch-list will not include any damage to the premises Premises caused by tenantTenant's move-in or early access, if permitted. Damage caused by tenant Tenant will be repaired or corrected by landlord Landlord at tenantTenant's expense. Tenant acknowledges that neither landlord Landlord nor its agents or employees have made any representation representations or warranties as to the suitability or fitness of the premises Premises for the conduct of tenantTenant's business or for any other purpose, nor has landlord Landlord or its agents or employees agreed to undertake any alterations or construct any tenant improvements to the premises Premises except as expressly provided in this lease Lease and this workletterTenant Construction Agreement. If tenant Tenant fails to submit a punch-list to landlord Landlord prior to the commencement dateCommencement Date, it will be deemed that there are no items needing additional work or repair. XxxxxxxxLandlord's contractor will complete all reasonable punch-list items within 30 days after the walk-through inspection or as soon as practicable after such walk-through. (b) A "latent defect" is a defect in the condition of the premises, caused by landlord's failure to construct the improvements in a good and workmanlike manner and in accordance with the working drawings, which would not ordinarily be observed during a walk-through inspection. If tenant notifies landlord of a latent defect within one year following the commencement date, then landlord, at its expense, will repair the latent defect as soon as practicable. Except as set forth in this paragraph 10, landlord will have no obligation or liability to tenant for latent defects.

Appears in 1 contract

Samples: Lease Agreement (Tanning Technology Corp)

Condition of the Premises. (a) Prior to Within five (5) business days after the commencement date, tenant Landlord and Tenant will conduct a joint walk-through inspection of the premises with landlord Premises and will jointly prepare a punch-list of items needing additional work by landlordLandlord. Other than the items specified in the punch-list and latent defects (as defined below), by taking possession of the premisesPremises, tenant Tenant will be deemed to have accepted the premises Premises in their condition on the date of delivery of possession and to have acknowledged that landlord Landlord has installed the improvements as required by this workletter WORK LETTER and that there are no items needing additional work or repair. The punch-list will not include any damage to the premises Premises caused by tenantTenant's move-in or early access, if permitted. Damage caused by tenant Tenant will be repaired or corrected by landlord Landlord at tenantTenant's expense. Tenant acknowledges that neither landlord Landlord nor its agents or employees have made any representation representations or warranties as to the suitability or fitness of the premises Premises for the conduct of tenantTenant's business or for any other purpose, nor has landlord Landlord or its agents or employees agreed to undertake any alterations or construct any tenant improvements to the premises Premises except as expressly provided in this lease Lease and this workletterWORK LETTER. If tenant Tenant fails to submit a punch-list to landlord Landlord prior to the commencement date, it will be deemed that there are no items needing additional work or repair. XxxxxxxxLandlord's contractor will complete all reasonable punch-list items within 30 days after the walk-through inspection or as soon as practicable after such walk-through. (b) A "latent defect" is a defect in the condition of the premisesPremises, caused by landlordLandlord's failure to construct the improvements in a good and workmanlike manner and in accordance with the working drawings, which would not ordinarily be observed during a walk-through inspection. If tenant Tenant notifies landlord Landlord of a latent defect within one year following the commencement date, then landlordLandlord, at its expense, will repair the latent defect as soon as practicable. Except as set forth in this paragraph 10, landlord Landlord will have no obligation or liability to tenant Tenant for latent defects.

Appears in 1 contract

Samples: Commercial Lease (Metro One Telecommunications Inc)

Condition of the Premises. (a) Prior to the commencement dateCommencement Date, tenant Tenant will conduct a walk-through inspection of the premises Premises with landlord Landlord and prepare a punch-list of items needing additional work by landlordLandlord. Other than the items specified in the punch-list and latent defects (as defined below)list, by taking possession of the premises, tenant Premises Tenant will be deemed to have accepted the premises Premises in their condition on the date of delivery of possession and to have acknowledged that landlord has installed the improvements as required by this workletter and that there are no items needing additional work or repairpossession. The punch-list will not include any damage to the premises Premises caused by tenantTenant's move-in or early access, if permitted. Damage caused by tenant Tenant will be repaired or corrected by landlord Landlord, at tenantTenant's expense. Tenant acknowledges that neither landlord Landlord nor its agents or employees have made any representation representations or warranties as to the suitability or fitness of the premises Premises for the conduct of tenantTenant's business or for any other purpose, nor has landlord Landlord or its agents or employees agreed to undertake any alterations or construct any tenant improvements to the premises Premises except as expressly provided in this lease Lease and Exhibit C to this workletterLease. If tenant Tenant fails to submit a punch-list to landlord Landlord prior to the commencement dateCommencement Date, it will be deemed that there are no items needing additional work or repair. XxxxxxxxLandlord's contractor will complete all reasonable punch-list items within 30 thirty (30) days after the walk-through inspection or as soon as practicable after such walk-through. (b) A "latent defect" is a defect in the condition of the premises, caused by landlord's failure to construct the improvements in a good and workmanlike manner and in accordance with the working drawings, which would not ordinarily be observed during a walk-through inspection. If tenant notifies landlord of a latent defect within one year following the commencement date, then landlord, at its expense, will repair the latent defect as soon as practicable. Except as set forth in this paragraph 10, landlord will have no obligation or liability to tenant for latent defects.

Appears in 1 contract

Samples: Business Center Lease (Ion Networks Inc)

Condition of the Premises. (a) Prior to the commencement dateCommencement Date, tenant Tenant will conduct a walk-through inspection of the premises Premises with landlord Landlord and prepare a punch-list of items needing additional work by landlordLandlord. Other than the items specified in the punch-list and latent defects (as defined below)list, by taking possession of the premisesPremises, tenant Tenant will be deemed to have accepted the premises Premises in their condition on the date of delivery of possession and to have acknowledged that landlord has installed the improvements as required by this workletter and that there are no items needing additional work or repairpossession. The punch-list will not include any damage to the premises Premises caused by tenant's Tenant’s move-in or early access, if permitted. Damage caused by tenant Tenant will be repaired or corrected by landlord Landlord, at tenant's Tenant’s expense. Tenant acknowledges that neither landlord Landlord nor its agents or employees have made any representation representations or warranties as to the suitability or fitness of the premises Premises for the conduct of tenant's Tenant’s business or for any other purpose, nor has landlord Landlord or its agents or employees agreed to undertake any alterations or construct any tenant Tenant improvements to the premises Premises except as expressly provided in this lease Lease and this workletterthe Work Letter. If tenant Tenant fails to submit a punch-list to landlord Landlord prior to the commencement dateCommencement Date, it will be deemed that there are no items needing additional work or repair. Xxxxxxxx's Landlord’s contractor will complete all reasonable punch-list items within 30 thirty (30) days after the walk-through inspection or as soon as practicable after such walk-through. (b) A "latent defect" is a defect in the condition of the premises, caused by landlord's failure to construct the improvements in a good and workmanlike manner and in accordance with the working drawings, which would not ordinarily be observed during a walk-through inspection. If tenant notifies landlord of a latent defect within one year following the commencement date, then landlord, at its expense, will repair the latent defect as soon as practicable. Except as set forth in this paragraph 10, landlord will have no obligation or liability to tenant for latent defects.

Appears in 1 contract

Samples: Office Lease (Go Daddy Group, Inc.)

Condition of the Premises. (a) Prior to the commencement dateCommencement Date, tenant Tenant will conduct a walk-through inspection of the premises Premises with landlord Landlord and prepare a punch-list of items needing additional work by landlordLandlord. Other than the items specified in the punch-list and latent defects (as defined below)list, by taking possession of the premisesPremises, tenant Tenant will be deemed to have accepted the premises Premises in their condition on the date of delivery of possession and to have acknowledged that landlord has installed the improvements as required by this workletter and that there are no items needing additional work or repairpossession. The punch-list will not include any damage to the premises Premises caused by tenantTenant's move-in or early access, if permitted. Damage caused by tenant Tenant will be repaired or corrected by landlord Landlord, at tenantTenant's expense. Tenant acknowledges that neither landlord Landlord nor its agents or employees have made any representation representations or warranties as to the suitability or fitness of the premises Premises for the conduct of tenantTenant's business or for any other purpose, nor has landlord Landlord or its agents or employees agreed to undertake any alterations or construct any tenant Tenant improvements to the premises Premises except as expressly provided in this lease Lease and this workletterthe Work Letter. If tenant Tenant fails to submit a punch-list to landlord Landlord prior to the commencement dateCommencement Date, it will be deemed that there are no items needing additional work or repair. XxxxxxxxLandlord's contractor will complete all reasonable punch-list items within 30 thirty (30) days after the walk-through inspection or as soon as practicable after such walk-through. (b) A "latent defect" is a defect in the condition of the premises, caused by landlord's failure to construct the improvements in a good and workmanlike manner and in accordance with the working drawings, which would not ordinarily be observed during a walk-through inspection. If tenant notifies landlord of a latent defect within one year following the commencement date, then landlord, at its expense, will repair the latent defect as soon as practicable. Except as set forth in this paragraph 10, landlord will have no obligation or liability to tenant for latent defects.

Appears in 1 contract

Samples: Office Lease (Ryland Group Inc)

Condition of the Premises. (a) Prior to the commencement dateCommencement Date, tenant Tenant will conduct a walk-through inspection of the premises Premises with landlord Landlord and prepare a punch-list of items needing additional work by landlordLandlord. Other than the items specified in the punch-list and "latent defects defects" (as defined below), by taking possession of the premises, tenant Premises Tenant will be deemed to have accepted the premises Premises in their condition on the date of delivery of possession and to have acknowledged that landlord Landlord has installed the improvements Improvements as required by this workletter Workletter and that there are no items needing additional work or repair. The punch-list will not include any damage to the premises Premises caused by tenantTenant's move-in or early access, if permitted. Damage caused by tenant Tenant will be repaired or corrected by landlord Landlord at tenantTenant's expense. Tenant acknowledges that neither landlord Landlord nor its agents or employees have made any representation representations or warranties as to the suitability or fitness of the premises Premises for the conduct of tenantTenant's business or for any other purpose, nor has landlord Landlord or its agents or employees agreed to undertake any alterations or construct any tenant Tenant improvements to the premises Premises except as expressly provided in this lease Lease and this workletterWorkletter. If tenant Tenant fails to submit a punch-list to landlord Landlord prior to the commencement dateCommencement Date, it will be deemed that there are no items needing additional work or repair. XxxxxxxxLandlord's contractor will complete all reasonable punch-list items within 30 days after the walk-through inspection or as soon as practicable after such walk-through. (b) A "latent defect" is a defect in the condition of the premises, caused by landlord's failure to construct the improvements in a good and workmanlike manner and in accordance with the working drawings, which would not ordinarily be observed during a walk-through inspection. If tenant notifies landlord of a latent defect within one year following the commencement date, then landlord, at its expense, will repair the latent defect as soon as practicable. Except as set forth in this paragraph 10, landlord will have no obligation or liability to tenant for latent defects.

Appears in 1 contract

Samples: Office Lease (Accredited Home Lenders Holding Co)

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Condition of the Premises. (a) Prior to the commencement dateCommencement Date, tenant Tenant will conduct a walk-through inspection of the premises Premises with landlord Landlord and prepare a punch-list of items needing additional work by landlordLandlord. Other than the items specified in the punch-list and latent defects defect (as defined below), by taking possession of the premisesPremises, tenant Tenant will be deemed to have accepted the premises Premises in their condition on the date of delivery of possession and to have acknowledged that landlord Landlord has installed the improvements Tenant Improvements as required by this workletter and that there are no items needing additional work or repair. The punch-list will not include any damage to the premises Premises caused by tenantTenant's move-in or early access, if permitted. Damage caused by tenant Tenant will be repaired or corrected by landlord Landlord at tenantTenant's expense. Tenant acknowledges that neither landlord Landlord nor its agents or employees have made any representation representations or warranties as to the suitability or fitness of the premises Premises for the conduct of tenantTenant's business or for any other purpose, nor has landlord Landlord or its agents or employees agreed to undertake any alterations or construct any tenant improvements Tenant Improvements to the premises Premises except as expressly provided in this their lease and this workletter. If tenant Tenant fails to submit a punch-list to landlord prior to Landlord within thirty (30) days after the commencement dateTerm Commencement Date, it will be deemed that there are no items needing additional work or repair. XxxxxxxxLandlord's contractor will complete all reasonable punch-list items within 30 days or within such additional period as is reasonably necessary after the walk-through inspection or as soon as practicable after such walk-through. (b) A "latent defect" is a defect in the condition of the premisesPremises, caused by landlordLandlord's failure to construct the improvements Tenant Improvements in a good and workmanlike workxxx-xxxe manner and in accordance with the working drawings, which would not ordinarily be observed during a walk-through inspection. If tenant Tenant notifies landlord Landlord of a latent defect within one year following the commencement dateCommencement Date, then landlordLandlord, at its expense, will repair the latent defect as soon as practicable. Except as set forth in this paragraph 109, landlord Landlord will have no obligation or liability to tenant Tenant for latent defects. Landlord shall make available to Tenant all contractor warranties with regard to Tenant Improvements. The terms hereof are approved. LANDLORD: CRESCENT RESOURCES, INC. By: /s/ Patrxxx X. Xxxxx ------------------------------------ Name: Patrxxx X. Xxxxx ---------------------------------- Officer: Regional Vice President ------------------------------- TENANT: BLUESTAR COMMUNICATIONS, INC.

Appears in 1 contract

Samples: Office Building Lease Agreement (Bluestar Communications Group Inc)

Condition of the Premises. (a) Prior to the commencement dateEarly Possession Date, tenant Tenant will conduct a walk-through inspection of the premises Premises with landlord Landlord and prepare a punch-list of items needing additional work by landlordLandlord. Other than the items specified in the punch-list and latent defects (as defined below)list, by taking possession of the premisesPremises, tenant Tenant will be deemed to have accepted the premises Premises in their condition on the date of delivery of possession possession. The same procedure shall apply to the First Additional Space and to have acknowledged that landlord has installed the improvements as required by this workletter and that there are no items needing additional work or repairSection Additional Space. The punch-list will not include any damage to the premises Premises caused by tenant's Tenant’s move-in or early access, if permitted. Damage caused by tenant Tenant will be repaired or corrected by landlord Landlord, at tenant's Tenant’s expense. Tenant acknowledges that neither landlord Landlord nor its agents or employees have made any representation representations or warranties as to the suitability or fitness of the premises Premises for the conduct of tenant's Tenant’s business or for any other purpose, nor has landlord Landlord or its agents or employees agreed to undertake any alterations or construct any tenant Tenant improvements to the premises Premises except as expressly provided in this lease and this workletterLease. If tenant fails to submit a punch-list to landlord prior to the commencement date, it will be deemed that there are no items needing additional work or repair. Xxxxxxxx's Landlord’s contractor will complete all reasonable punch-list items within 30 thirty (30) days Landlord’s Initials Tenant’s Initials after the walk-through inspection or as soon as practicable after such walk-through. (b) A "latent defect" is a defect in the condition of the premises, caused by landlord's failure to construct the improvements in a good and workmanlike manner and in accordance with the working drawings, which would not ordinarily be observed during a walk-through inspection. If tenant notifies landlord of a latent defect within one year following the commencement date, then landlord, at its expense, will repair the latent defect as soon as practicable. Except as set forth in this paragraph 10, landlord will have no obligation or liability to tenant for latent defects.

Appears in 1 contract

Samples: Office Lease (Go Daddy Group, Inc.)

Condition of the Premises. (a) Prior to the commencement dateCommencement Date, tenant Landlord will arrange to have Tenant conduct a walk-through inspection of the premises Premises with landlord Landlord and prepare a punch-list of items needing additional work by landlordLandlord. Other than the items specified in the punch-list and "latent defects defects" (as defined below), by taking possession of the premises, tenant Premises Tenant will be deemed to have accepted the premises Premises in their condition on the date of delivery of possession and to have acknowledged that landlord Landlord has installed the improvements Improvements as required by this workletter Workletter and that there are no items needing additional work or repair. The punch-list will not include any damage to the premises Premises caused by tenantTenant's move-in or early access, if permitted. Damage caused by tenant Tenant will be repaired or corrected by landlord Landlord at tenantTenant's expense. Tenant acknowledges that neither landlord Landlord nor its agents or employees have made any representation representations or warranties as to the suitability or fitness of the premises Premises for the conduct of tenantTenant's business or for any other purpose, nor has landlord Landlord or its agents or employees agreed to undertake any alterations or construct any tenant Tenant improvements to the premises Premises except as expressly provided in this lease Lease and this workletterWorkletter. If tenant Tenant fails to submit a punch-list to landlord prior to Landlord within 5 days after the commencement dateCommencement Date, it will be deemed that there are no items needing additional work or repair. XxxxxxxxLandlord's contractor will complete all reasonable punch-list items within 30 15 days after the walk-through inspection or as soon as practicable after such walk-walk- through. (b) A "latent defect" is a defect in the condition of the premises, caused by landlord's failure to construct the improvements in a good and workmanlike manner and in accordance with the working drawings, which would not ordinarily be observed during a walk-through inspection. If tenant notifies landlord of a latent defect within one year following the commencement date, then landlord, at its expense, will repair the latent defect as soon as practicable. Except as set forth in this paragraph 10, landlord will have no obligation or liability to tenant for latent defects.

Appears in 1 contract

Samples: Office Lease (Xcarenet Inc)

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