Condition Upon Delivery Sample Clauses

Condition Upon Delivery. Subject to the obligations of Landlord set forth in Section 4 of this Exhibit, the Premises and the Building shall be in the following condition as of the delivery of possession of the Premises to Tenant: (a) Restrooms. Existing men’s and woman’s restrooms on the third (3rd), fourth (4th) and fifth (5th) floors of the Building are in their original, un-altered condition since the time Building obtained their Certificate of Occupancy. If any ADA compliance work to these restrooms is triggered by Tenant’s Work involving the construction of leasehold improvements for normal office use, including the improvements in the Test Fits, Landlord will perform the same in accordance with Section 4 below.

Condition Upon Delivery. Tenant acknowledges that it has had an opportunity to thoroughly inspect the Premises and, subject to Landlord’s obligations under Section 9.2 and the Work Letter Agreement (if any), Tenant accepts the Premises in its existing “as is” condition, with all faults and defects and without any representation or warranty of any kind, express or implied.

Condition Upon Delivery. The Aircraft shall be delivered to Buyer or its designee “AS IS, WHERE IS WITH ALL FAULTS” and SUBJECT TO EACH AND EVERY DISCLAIMER OF WARRANTY AND REPRESENTATION AS SET FORTH IN SECTION 7. Buyer shall be deemed to have unconditionally accepted each item of the Aircraft for all purposes under this Agreement upon the delivery by Buyer of the Acceptance Certificate to Seller.

Condition Upon Delivery. Subject to the obligations of Landlord set forth in Section 4 of this Exhibit, the Premises and the Building shall be in the following condition as of the delivery of possession of the Premises to Tenant:

Condition Upon Delivery. Merit Academy shall deliver the FUA Premises, upon termination or expiration, in as good a state or condition as when possession was first taken, except for reasonable use and wear/tear thereof. Merit Academy shall remove from the Facility any and all of its educational supplies, personal property, and other equipment or items owned by Merit Academy. Merit Academy shall have the right to itemize and remove personal property and equipment and items owned by Merit Academy. Unless otherwise expressly agreed by the District (either at the time of original approval, at the time of termination or otherwise), within thirty (30) days after expiration or termination of this Agreement, Merit Academy shall restore any improvements or alterations designated as Temporary Merit Academy Improvements that Merit Academy made to the Facility to the condition existing prior to such improvements or alterations. If there is any uncertainty, at the request of Merit Academy, the District shall identify those alterations, including improvements, additions and modifications that need to be removed, restored or repaired by the School. Advance written approval of all such removals, restorations or repairs must be provided by the District. If Merit Academy fails to restore said improvements or alterations, School District may restore the improvements and alterations and Merit Academy will be responsible for all costs (including a reasonable charge for the time of District employees) in restoring the improvements and alterations. Upon expiration or earlier termination of this Agreement, School covenants that it will not seek payment or reimbursement from the District for any costs and expenses incurred as a result of early termination of this Agreement pursuant to the terms of this Agreement, including but not limited to moving costs.

Condition Upon Delivery. Having made such inspection of the Premises, the Building and the Project as it deemed prudent and appropriate (including, without limitation, testing for the presence of mold), Tenant hereby accepts the Premises in their condition existing as of the Commencement Date, “AS-IS” and “WITH ALL FAULTS” subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use and condition of the Premises, and any covenants or restrictions, liens, encumbrances and title exceptions of record, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Except as specifically set forth in this Lease and in the Work Letter Agreement for Landlord’s Work and Interior Specification Standards attached hereto as Exhibit C and made a part hereof (“Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty as to the present or future suitability of the Premises for the conduct of Tenant’s business. Neither party has been induced to enter into this Lease by, and neither party is relying on, any representation or warranty outside those expressly set forth in this Lease. Neither Landlord nor anyone acting on its behalf shall be liable for, nor shall this Lease be subject to rescission on account of, the nondisclosure of any facts. Tenant expressly waives any right to rescission and /or damages based on nondisclosure of any facts.

Condition Upon Delivery. Prior to the delivery of the Premises to Tenant, Landlord shall perform the following work in the Premises at its sole cost and expense with Building-standard finishes: (a) construct one wall estimated to be 10’ long below the existing ceiling grid and above the existing carpet; (b) install a door in the new wall; and (c) paint the new wall to match existing walls; all in locations mutually agreeable to Landlord and Tenant. Tenant acknowledges that it has had an opportunity to thoroughly inspect the Premises and, except for the improvements to the Premises to be made by Landlord as provided in the foregoing sentence, Tenant accepts the Premises in its existing "as is" condition, with all faults and defects and without any representation or warranty of any kind, express or implied, and Landlord shall have no obligation to make or pay for any improvements or renovations in or to the Premises or to otherwise prepare the Premises for Tenant’s occupancy.

Condition Upon Delivery. 6 ----------------------- ARTICLE

Condition Upon Delivery. Disclaimer of Warranties. Neither Owner nor Owner Participant makes any ------------------------ representations or warranties whether written, oral or implied, with respect to the Vessel Interest, the Vessel, or any part thereof, except as expressly set forth in Section 7 or 9 of the Participation Agreement or in any Officer's Certificate of the Owner Trust or Owner Participant, in each case delivered pursuant to the Participation Agreement. As between Owner and Charterer, execution by Charterer of this Charter Party and the Protocol of Delivery and Acceptance shall be conclusive proof of Charterer's acceptance of the Vessel and the Vessel Interest for all purposes hereof and of the commencement of the Charter Period with respect thereto and that the Vessel and the Vessel Interest are satisfactory to Charterer in all respects. CHARTERER ACKNOWLEDGES THAT OWNER IS NOT A MANUFACTURER OR DEALER IN SHIPS OR THE COMPONENTS THEREOF AND OWNER CHARTERS AND CHARTERER TAKES THE VESSEL AND THE VESSEL INTEREST AND EACH PART THEREOF AS IS AND WHERE IS, AND NEITHER OWNER NOR OWNER PARTICIPANT SHALL BE DEEMED TO HAVE MADE, AND OWNER HEREBY DISCLAIMS, ANY REPRESENTATION OR WARRANTY OTHER THAN THOSE REFERRED TO IN THE SECOND PRECEDING SENTENCE, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE DESIGN OR CONDITION OF THE VESSEL OR ANY PART THEREOF, THE MERCHANTABILITY THEREOF OR THE FITNESS THEREOF FOR ANY PARTICULAR PURPOSE, THE ABILITY OF THE VESSEL TO PERFORM ANY FUNCTION, TITLE TO THE VESSEL OR ANY PART THEREOF, THE QUALITY OF THE MATERIALS OR WORKMANSHIP THEREOF OR CONFORMITY THEREOF TO SPECIFICATIONS, OR THE PRESENCE OR ABSENCE OF ANY LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE. CHARTERER CONFIRMS THAT IT HAS SELECTED THE VESSEL AND EACH PART THEREOF ON THE BASIS OF ITS OWN JUDGMENT AND EXPRESSLY DISCLAIMS RELIANCE IN CONNECTION WITH SUCH SELECTION UPON ANY STATEMENTS, REPRESENTATIONS OR WARRANTIES MADE BY OWNER OR OWNER PARTICIPANT. The provisions of this Article have been negotiated and, except as expressly set forth in Sections 7 and 9 of the Participation Agreement or in any Officer's Certificate of the Owner Trust or Owner Participant, the foregoing provisions are intended to be a complete exclusion and negation of any representation or warranty by Owner or Owner Participant, express or implied, with respect to this Charter Party, the Vessel, the Vessel Interest or any part thereof that may arise pursuant to any ...