Condition. Lessor shall deliver the Premises to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs (“Start Date”), and, so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee within thirty (30) days following the Start Date, warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems (“HVAC”), loading doors, if any, and all other such elements in the Premises, other than those constructed by Lessee, shall be in good operating condition on said date and that the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the “Building”) shall be free of material defects. If a non-compliance with said warranty exists as of the Start Date, Lessor shall, as Lessor’s sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, rectify same at Lessor’s expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this warranty within: (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) months as to the HVAC systems, (iii) thirty (30) days as to the remaining systems and other elements of the Building, correction of such non-compliance shall be the obligation of Lessee at Lessee’s sole cost and expense.
Appears in 4 contracts
Samples: Standard Industrial/Commercial Single Tenant Lease (Dolby Laboratories, Inc.), Standard Industrial/Commercial Single Tenant Lease (Nextest Systems Corp), Lease Agreement (Dolby Laboratories, Inc.)
Condition. Lessor shall deliver the Premises to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs (“Start Date”"START DATE"), and, so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee within thirty (30) days following the Start Date, and warrants that the existing electrical, plumbing, fire sprinkler, lighting, heatinghealing, ventilating and air conditioning systems (“"HVAC”"), loading doors, if any, and all other such elements of the building, in the Premises, other than those constructed by Lessee, shall be in good operating condition on said date and that the surface and structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the “Building”"BUILDING") shall be free of material defects. If a non-compliance with said warranty exists as of the Start Date, Lessor shall, as Lessor’s sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, rectify same at Lessor’s 's expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this warranty within: within (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) months as to the HVAC systems, systems or (iiiii) thirty (30) days as to the remaining systems and other elements of the Building, correction of such non-compliance shall be the obligation of Lessee at Lessee’s 's sole cost and expense., except for the roof, foundations, and bearing walls which are handled as provided in paragraph 7. 2.3
Appears in 3 contracts
Samples: Lease Agreement (Cumetrix Data Systems Corp), Lease Agreement (Cumetrix Data Systems Corp), Standard Industrial/Commercial Single Tenant Lease Gross (Cumetrix Data Systems Corp)
Condition. Lessor shall deliver the Premises to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs (“"Start Date”"), and, so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee within thirty (30) days following the Start Date, warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems (“"HVAC”"), loading doors, if any, and all other such elements in the Premises, other than those constructed by Lessee, shall be in to good operating condition on said date and that the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the “"Building”") shall be free of material defects. If a non-compliance with said warranty exists as of the Start Date, Lessor shall, as Lessor’s 's sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, rectify same at Lessor’s 's expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this warranty within: (i1) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) months as to the HVAC systems, (iii) thirty (30) days as to the remaining systems and other elements of the Building, correction of such non-compliance shall be the obligation of Lessee at Lessee’s 's sole cost and expense.
Appears in 2 contracts
Samples: Standard Industrial/Commercial Single Tenant Lease (Alphatec Holdings, Inc.), Standard Industrial/Commercial Single Tenant Lease (Alphatec Holdings, Inc.)
Condition. Lessor shall deliver the Premises to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs (“"Start Date”"), and, so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee and in effect within thirty (30) days following the Start Date, warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems (“"HVAC”"), loading doors, sump pumps, if any, and all other such elements in the Premises, other than those constructed by Lessee, shall be in good operating condition on said date and that the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the “"Building”") shall be free of material defects. If a non-compliance with said warranty exists as of the Start Date, Lessor shall, as Lessor’s 's sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, rectify same at Lessor’s expense. IfLessors expense if, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this warranty within: (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) months as to the HVAC systems, and (iii) thirty (30) days as to the remaining systems and other elements of the Building, correction of any such non-compliance shall be the obligation of Lessee at Lessee’s 's sole cost and expense.
Appears in 2 contracts
Samples: Standard Industrial/Commercial Single Tenant Lease (Sugarmade, Inc.), Standard Industrial/Commercial Single Tenant Lease (Diversified Opportunities, Inc.)
Condition. Lessor shall deliver the Premises to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs (“Start Date”"START DATE"), and, so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee within thirty (30) days following the Start Date, and warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems (“"HVAC”"), loading doors, if any, and all other such elements of the building, in the Premises, other than those constructed by Lessee, shall be in good operating condition on said date and that the surface and structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the “"Building”") shall be free of material defects. If a non-compliance with said warranty exists as of the Start Date, Lessor shall, as Lessor’s sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, rectify compliance ??? same at Lessor’s expense. If's expense if, after the Start Datestart date, Lessee does not give Lessor written notice of any non-compliance with this warranty within: within (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) months as to the HVAC systems, systems or (iiiii) thirty (30) days as to the remaining systems and other elements of the Building, correction of such non-compliance shall be the obligation of Lessee at Lessee’s 's sole cost and expense, except for the roof, foundations, and bearing walls which are handled as provided in Paragraph 7.
Appears in 2 contracts
Samples: Standard Industrial/Commercial Single Tenant Lease (Dippy Foods Inc), Standard Industrial/Commercial Single Tenant Lease (Dippy Foods Inc)
Condition. Lessor shall deliver the Premises to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs (“Start Date”"START DATE"), and, so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee within thirty (30) days following the Start Date, and warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems (“"HVAC”"), loading doors, if any, and all other such elements of the building, in the Premises, other than those constructed by Lessee, shall be in good operating condition on said date and that the surface and structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the “Building”"BUILDING") shall be free of material defects. If a non-compliance with said warranty exists as of the Start Date, Lessor shall, as Lessor’s sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, rectify same at Lessor’s 's expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this warranty within: within (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) months as to the HVAC systems, systems or (iiiii) thirty (30) days as to the remaining systems and other elements of the Building, correction of such non-compliance shall be the obligation of Lessee at Lessee’s 's sole cost and expense, except for the roof, foundations, and bearing walls which are handled as provided in Paragraph 7.
Appears in 2 contracts
Samples: Standard Industrial/Commercial Single Tenant Lease (Nexsan Corp), Lease Agreement (Bikers Dream Inc)
Condition. Lessor shall deliver the Premises to Lessee with work per Addendum paragraph 53 completed, broom clean and free of the debris on the Commencement Date or the Early Possession Date, whichever first occurs (“"Start Date”"), and, so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee within thirty (30) days following the Start Date, and warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems (“"HVAC”"), loading doors, if any, and all other such elements of the building, in the Premises, other than those constructed by Lessee, shall be in good operating condition on said date and that the surface and structural elements of the roof, bearing walls and foundation of any buildings on the Premises ("the “Building”") shall be free of material defects. If a non-compliance with said warranty exists as of the Start Date, Lessor shall, as Lessor’s sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, rectify same at Lessor’s 's expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this warranty within: within (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) months as to the HVAC systems, systems or (iiiii) thirty sixty (3060) days as to the remaining systems and other elements of the Building, correction of such non-compliance shall be the obligation of Lessee at Lessee’s 's sole cost and expense., except for the roof, foundations, and bearing walls which are handled ad provided in paragraph 7. 2.3
Appears in 1 contract
Samples: Standard Industrial Commercial Single Tenant Lease Gross (Modacad Inc)
Condition. Lessor shall deliver Except as otherwise provided in this Paragraph 2.2 and Exhibit C to this Lease, Lessee agrees (i) to accept the Premises to Lessee broom clean and free of debris on the Commencement Date as then being suitable for Lessee’s intended use and in its then existing “AS IS” condition, and (ii) that neither Lessor nor any of Lessor’s agents, representatives or employees has made any representations as to the suitability, fitness or condition of the Premises for the conduct of Lessee’s business or for any other purpose. The Leasehold Improvements (defined in Exhibit C) shall be installed in accordance with the terms and provisions of Exhibit C. Notwithstanding the foregoing, the Premises shall be delivered to Lessee on the Early Possession DateDate in broom clean condition with the roof, whichever first occurs (“Start Date”)the compressor and all heating, andventilation and air-conditioning, so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee within thirty (30) days following the Start Date, warrants that the existing electrical, plumbinglighting, fire sprinkler, lightinglaboratory, heating, ventilating plumbing and air conditioning other Building systems (“HVAC”), loading doors, if any, and all other such elements in servicing the Premises, other than those constructed by Lessee, shall be Premises in good operating condition on said date and that the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the “Building”) shall be free of material defects. If a non-compliance with said warranty exists working order as of the Start DateEarly Possession Date and the slab, foundation and all windows properly sealed and watertight. If any of the foregoing are not in the required condition, Lessor shall, as Lessor’s sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, rectify same at Lessor’s expense. If; provided, after the Start Date, that Lessee does not give delivers Lessor written notice of any a non-compliance with this warranty within: (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) condition within six (6) months as to after the HVAC systems, (iii) thirty (30) days as to the remaining systems and other elements of the Building, correction of such non-compliance shall be the obligation of Lessee at Lessee’s sole cost and expenseCommencement Date.
Appears in 1 contract
Samples: Multi Tenant Industrial/Commercial Lease (Pfenex Inc.)
Condition. Lessor shall deliver the Premises to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs (“"Start Date”"), and, so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee within thirty (30) days following the Start Date, warrants that the existing electrical, plumbing, fire firs sprinkler, lighting, heating, ventilating and air conditioning systems (“"HVAC”"), loading doors, if any, and all other such elements in the Premises, other than those constructed by Lessee, shall be in good operating condition on said date and that the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the “"Building”") shall be free of material defects. If a non-compliance with said warranty exists as of the Start Date, Lessor shall, as Lessor’s 's sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, rectify same at Lessor’s 's expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this warranty within: (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) months as to the HVAC systems, (iii) thirty one hundred eighty (30180) days as to the remaining systems and other elements of the Building, correction of such non-compliance shall be the obligation of Lessee at Lessee’s 's sole cost and expense.
Appears in 1 contract
Condition. Lessor shall deliver the Premises to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs (“"Start Date”"), and, so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee within thirty (30) days following the Start Date, warrants that the exterior roof, existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems (“"HVAC”"), loading doors, if any, and all other such elements in the Premises, other than those constructed by Lessee, shall be in good operating condition on said date and that the structural elements of the roof, bearing walls walls, and foundation of any buildings on the Premises (the “"Building”") shall be free of material defects. If a non-compliance with said warranty exists as of the Start Date, Lessor shall, as Lessor’s 's sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, rectify the same at Lessor’s 's expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this warranty within: within (i) one year as to the surface of the roof and the structural portions portion of the roof, roof foundations and bearing walls, (ii) six (6) months as to the HVAC systems, systems (iii) thirty one hundred twenty (30120) days as to the remaining systems and other elements of the Building, correction of such non-compliance shall be the obligation of Lessee at Lessee’s 's sole cost and expense.
Appears in 1 contract
Samples: Sublease Agreement (Xoma Corp /De/)
Condition. Lessor shall deliver the Premises to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs (“Start DateSTART DATE”), and, so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee within thirty (30) days following the Start Date, warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems (“HVAC”), loading doors, if any, and all other such elements in the Premises, other than those constructed by Lessee, shall be in good operating condition on said date and that the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the “BuildingBUILDING”) shall be free of material defects. If a non-compliance with said warranty exists as of the Start Date, Lessor shall, as Lessor’s sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, rectify same at Lessor’s expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this warranty within: (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) months as to the HVAC systems, (iii) thirty (30) days as to the remaining systems and other elements of the Building, correction of such non-compliance shall be the obligation of Lessee at Lessee’s sole cost and expense.. (See Addendum Paragraph 56)
Appears in 1 contract
Samples: Standard Industrial/Commercial Single Tenant Lease (Capstone Turbine Corp)
Condition. Lessor shall deliver the Premises to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs (“Start DateSTART DATE”), and, so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee within thirty (30) days following the Start Date, warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems (“HVAC”), loading doors, if any, and all other such elements in the Premises, other than those constructed by Lessee, shall be in good operating condition on said date and that the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the “BuildingBUILDING”) shall be free of material defects. If a non-compliance with said warranty exists as of the Start Date, Lessor shall, as Lessor’s sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, rectify same at Lessor’s expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this warranty within: :
1 (i) one (1) year as to all tenant improvement work constructed by Lessor on behalf of Lessee prior to the surface commencement of the roof Term; and the structural portions of the roof, foundations and bearing walls, (ii) six forty-five (6) months as to the HVAC systems, (iii) thirty (3045) days as to the remaining systems and other elements of the Building, correction of such non-compliance shall be the obligation of Lessee at Lessee’s sole cost and expense.
Appears in 1 contract
Samples: Standard Industrial/Commercial Single Tenant Lease (Saflink Corp)
Condition. Lessor shall deliver the Premises to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever occurs first occurs (“Start Date”), and, and so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee within thirty (30) days following the Start Date, warrants that the existing electrical, plumbing, fire sprinklersprinkler system, lighting, heating, ventilating and air conditioning and heating systems (“HVAC”), loading doors, if any, and all other such elements in the Premises, other than those constructed by Lessee, shall be in good operating condition on said date and that the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the “Building”) shall be free of material defects. If a non-compliance with said warranty exists as of the Start Date, Lessor shall, as Lessor’s sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, rectify same at as Lessor’s expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this warranty within: , (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) months as to the HVAC systems, (iii) thirty (30) days as to the remaining systems and other elements of the Building, correction of such non-compliance shall be the obligation of Lessee at Lessee’s sole cost and expense. Insert 2.2.
Appears in 1 contract
Samples: Standard Industrial/Commercial Single Tenant Lease Net (Cerus Corp)
Condition. Lessor shall deliver the Premises to Lessee broom clean and free of debris on the Commencement Date or August 1, 2000, the Early Possession Date, whichever first occurs (“. "Start Date”" shall be defined as January 1, 2001. As of the August 1, 2000 (unless otherwise provided in the Lease), and, so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee within thirty (30) days following the Start Date, Lessor warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems (“"HVAC”"), loading doors, if any, and all other such elements in the Premises, other than those constructed by Lessee, shall be in good operating condition on said date and that the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the “Building”"BUILDING") shall be free of material defects. If a non-compliance with said warranty exists as of the Start Date, Lessor shall, as Lessor’s 's sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, rectify same at Lessor’s 's expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this warranty within: (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) months as to the HVAC systems), (iii) thirty (30) days as to the remaining systems and other elements of the BuildingBuilding except as set forth in Paragraph 53, correction of such non-compliance shall be the obligation of Lessee at Lessee’s 's sole cost and expense.
Appears in 1 contract
Condition. Lessor shall deliver that portion of the Premises contained within the Building (“Unit”) to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs (“Start Date”), and, so ) So long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee and in effect within thirty (30) days following the Start Date, warrants if and to the extent that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems (“HVAC”), loading doors, sump pumps, if any, and all or any other such elements in the PremisesUnit, other than those constructed by Lessee, shall not be in good operating condition on said date and date, that the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the “Building”) Unit shall not be free of material defects. If a non-compliance with said warranty exists , or that the Unit contains hazardous levels of any mold or fungi defined as toxic under applicable state or federal law, in each case as of the Start DateDate and Lessee gives notice thereof to Lessor within the appropriate period set forth herein, Lessor shall, as Lessor’s sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of such written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, malfunction or failure, rectify same at Lessor’s expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this warranty withinThe applicable periods shall be as follows: (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) 12 months as to the HVAC systems, and (iiiii) thirty (30) days 6 months as to the remaining systems and other elements of the BuildingUnit. If Lessee does not give Lessor the required notice within the appropriate period, correction of any such non-compliance compliance, malfunction or failure shall be the obligation of Lessee at Lessee’s sole cost and expenseexpense (except for the repairs to the fire sprinkler systems, roof, foundations, and/or bearing walls - see Paragraph 7).
Appears in 1 contract
Samples: Standard Industrial/Commercial Multi Tenant Lease (Nexsan Corp)
Condition. Lessor shall deliver that portion of the Premises contained within the Building ("Unit") to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs (“"Start Date”"), and, so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee within thirty (30) days following the Start Date, warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems (“"HVAC”"), loading doors, if any, and all other such elements in the PremisesUnit, other than those constructed by Lessee, shall be in good operating condition on said date and that the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the “Building”) Unit shall be free of material defects. If a non-compliance with said such warranty exists as of the Start Date, or if one of such systems or elements should malfunction or fail within the appropriate warranty period, Lessor shall, as Lessor’s 's sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, malfunction or failure, rectify same at Lessor’s 's expense. IfThe warranty periods shall be as follows: (i) 30 days as all systems and the elements of the Unit (which shall exclude the HVAC, after the Start Date, which shall be maintained and repaired pursuant to Addendum Para. 55). If Lessee does not give Lessor written the required notice of any non-compliance with this within the appropriate warranty within: (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) months as to the HVAC systems, (iii) thirty (30) days as to the remaining systems and other elements of the Buildingperiod, correction of any such non-compliance compliance, malfunction or failure shall be the obligation of Lessee at Lessee’s 's sole cost and expenseexpense (except for the repairs to the fire sprinkler systems, roof, foundations, and/or bearing walls - see Paragraph 7).
Appears in 1 contract
Samples: Standard Industrial/Commercial Multi Tenant Lease Gross (Xoma LTD /De/)
Condition. Lessor shall deliver the Premises to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs (“"Start Date”"), and, so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee within thirty (30) days following the Start Date, and warrants that the existing electrical, plumbing, fire sprinkler, lightingfighting, heating, ventilating and air conditioning systems (“"HVAC”"), loading doors, if any, and all other such elements of the building, in the Premises, other than those constructed by Lessee, shall be in good operating condition on said date and that the surface and structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the “Building”"BUILDING") shall be free of material defects. If a non-compliance with said warranty exists as of the Start Date, Lessor shall, as Lessor’s sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, rectify same at Lessor’s 's expense. Iflf, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this warranty within: within (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (iiI) six (6) months as to the HVAC systems, systems or (iiiii) thirty (30) days as to the remaining systems and other elements of the Building, correction of such non-compliance shall be the obligation of Lessee at Lessee’s 's sole cost and expense, except for the roof, foundations, and bearing walls which are handled as provided In Paragraph 7.
Appears in 1 contract
Samples: Standard Industrial/Commercial Single Tenant Lease (Tangible Asset Gallaries Inc)
Condition. Lessor shall deliver the Premises to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs (“"Start Date”), and, so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee within thirty (30) days following the Start Date, warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems (“"HVAC”"), loading doors, if any, . and all other such elements in the Premises, other than those constructed by Lessee, shall be in good operating condition on said date and that the structural elements of the roof, bearing walls and arid foundation of any buildings on the Premises (the “"Building”") shall be free of material defects. If a non-compliance with said warranty exists as of the Start Date, Lessor shall, as Lessor’s 's sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, rectify same at Lessor’s 's expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this warranty within: (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) months as to the HVAC systems, (iii) thirty (30) days as to the remaining systems and other elements of the Building, correction of such non-compliance shall be the obligation of Lessee at Lessee’s 's sole cost and expense. Lessor shall also cooperate with Lessee in enforcing all warranties of every kind and nature received by Lessor from Lessor's contractors and assign to Lessee (on a non-exclusive basis) the benefit of such warranties.
Appears in 1 contract
Samples: Standard Industrial/Commercial Single Tenant Lease (Remec Inc)
Condition. Lessor shall deliver the Premises to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs (“Start Date”"START DATE"), and, so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee within thirty (30) days following the Start Date, warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems (“"HVAC”"), loading doors, if any, and all other such elements in the Premises, other than those constructed by Lessee, shall be in good operating condition on said date and that the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the “Building”"BUILDING") shall be free of material defects. If a non-compliance with said warranty exists as of the Start Date, Lessor shall, as Lessor’s 's sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, rectify same at Lessor’s 's expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this warranty within: (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) months as to the HVAC systems, (iii) thirty (30) days as to the remaining systems and other elements of the Building, correction of such non-compliance shall be the obligation of Lessee at Lessee’s 's sole cost and expense.
Appears in 1 contract
Samples: Standard Industrial/Commercial Single Tenant Lease Net (Aci Telecentrics Inc)
Condition. Lessor Landlord shall deliver that portion of the Premises contained within the Building ('Unit") to Lessee Tenant broom clean and free of debris on debris, “as-is,” “where-is,” and “all faults accepted” condition upon the Commencement Date or the Early Possession Date, whichever first occurs (“"Start Date”"), and, so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee Tenant and in effect within thirty (30) days following the Start Date, warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems (“"HVAC”"), loading doors, if any, and all other such elements in the PremisesUnit, other than those constructed by LesseeTenant, shall be in good operating condition on said date and that the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the “Building”) Unit shall be free of material defects. If a non-compliance with said such warranty exists as of the Start Date, Lessor or if one of such systems or elements should malfunction or fail within the appropriate warranty period, Landlord shall, as Lessor’s Landlord's sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee Tenant setting forth with specificity the nature and extent of such non-compliance, malfunction or failure, rectify same at Lessor’s Landlord's expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this The warranty withinperiods shall be as follows: (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) 6 months as to the HVAC systems, and (iiiii) thirty (30) 30 days as to the remaining systems and other elements of the BuildingUnit. If Tenant does not give Landlord the required notice within the appropriate warranty period, correction of any such non-compliance compliance, malfunction or failure shall be the obligation of Lessee Tenant at Lessee’s Tenant's sole cost and expenseexpense (except for the repairs to the fire sprinkler systems, roof, foundations, and/or bearing walls - see Paragraph 7).
Appears in 1 contract
Samples: Standard Industrial/Commercial Lease Net (Fortunet, Inc.)
Condition. Lessor shall deliver the Premises to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, Date whichever first occurs (“"Start Date”"), and, so long as the required service contracts described in Paragraph 7.1(b7 1(b) below are obtained by Lessee within thirty (30) days following the Start Date, warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems (“HVAC”), loading doors, if any, and all other such elements in the Premises, other than those constructed by Lessee, shall be in good operating condition on said date and that the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the “"Building”") shall be free of material defects. If a non-compliance with said warranty exists as of the Start Date, Lessor shall, as Lessor’s 's sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, rectify same at Lessor’s 's expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this warranty within: (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) months as to the HVAC systems, (iii) thirty (30) days as to the remaining systems and other elements of the Building, correction of such non-compliance shall be the obligation of Lessee at Lessee’s 's sole cost and expense.
Appears in 1 contract
Samples: Single Tenant Lease (Micrel Inc)
Condition. Lessor shall deliver the Premises to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs (“"Start Date”"), and, so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee within thirty (30) days following the Start Date, and warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems (“"HVAC”"), loading doors, if any, and all other such elements in the Premises, other than those constructed by Lessee, shall be in good operating condition on said date and that the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the “"Building”") shall be free of material defects. If a non-compliance with said warranty exists as of the Start Date, Lessor shall, as Lessor’s sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, rectify same at Lessor’s 's expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this warranty within: (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) months as to the HVAC systems, or (iiiii) thirty (30) days as to the remaining systems and other elements of the Building, correction of such non-compliance shall be the obligation of Lessee at Lessee’s 's sole cost and expense, except for the roof, foundations, and bearing walls which are handled in paragraph 7.
Appears in 1 contract
Samples: Standard Industrial/Commercial Single Tenant Lease Gross (Laser Pacific Media Corp)
Condition. Lessor shall deliver the Premises to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs (“Start Date”), and, so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee and in effect within thirty (30) days following the Start Date, warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems (“HVAC”), loading doors, sump pumps, if any, and all other such elements in the Premises, other than those constructed by Lessee, shall be in good operating condition on said date and that the surface and structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the “Building”) shall be free of material defects. If a non-compliance with said warranty exists as of the Start Date, or if one of such systems or elements should malfunction or fail within the appropriate warranty period, Lessor shall, as Lessor’s sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, malfunction or failure, rectify same at Lessor’s expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this The warranty withinperiods shall be as follows: (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) 6 months as to the HVAC systems, and (iiiii) thirty (30) 30 days as to the remaining systems and other elements of the Building. If Lessee does not give Lessor the required notice within the appropriate warranty period, correction of any such non-compliance compliance, malfunction or failure shall be the obligation of Lessee at Lessee’s sole cost and expense, except for the roof, foundations, and bearing walls which are handled as provided in paragraph 7.
Appears in 1 contract
Samples: Standard Industrial/Commercial Single Tenant Lease (Collegiate Pacific Inc)
Condition. Lessor shall deliver the Premises to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs (“"Start Date”"), and, so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee within thirty (30) days following the Start Date, and warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems (“"HVAC”"), loading doors, if any, and all other such elements of the building, in the Premises, other than those constructed by Lessee, shall be in good operating condition on said date and that the surface and structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the “"Building”") shall be free of material defects. If a non-compliance with said warranty exists as of the Start Date, Lessor shall, as Lessor’s sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, rectify same at Lessor’s 's expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this warranty within: within (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) months as to the HVAC systems, systems or (iiiii) thirty (30) days as to the remaining systems and other elements of the Building, correction of such non-compliance shall be the obligation of Lessee at Lessee’s 's sole cost and expense, except for the roof, foundations. and bearing wails which are handled as provided in paragraph 7.
Appears in 1 contract
Samples: Lease Agreement (Security Associates International Inc)
Condition. Lessor shall deliver the Premises to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs (“Start Date”), and, so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee within thirty (30) days following the Start Date, warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems (“HVAC”), loading doors, if any, and all other such elements in the Premises, other than those constructed by Lessee, shall be in good operating condition on said date and that the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the “Building”) shall be free of material defects. If a non-compliance with said warranty exists as of the Start Date, Lessor shall, as Lessor’s sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, rectify same at Lessor’s expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this warranty within: (i) one year from the date Lessee commences doing business at the Premises, but in no event later than January 1, 2000, as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) months from the date that Lessee commences doing business at the Premises, but in no event later than January 1, 2000, as to the HVAC systems, (iii) thirty (30) days from the date Lessee commences doing business at the Premises, but in no event later than January 1, 2000, as to the remaining systems and other elements of the Building, correction of such non-compliance shall be the obligation of Lessee at Lessee’s sole cost and expense.systems
Appears in 1 contract
Samples: Sublease Agreement (Masimo Corp)
Condition. On the Commencement Date, Lessor shall provide the Initial Premises to Lessee with the tenant improvements to the Building and the Initial Premises as the same are described in the Tenant Work Letter attached hereto as Exhibit B (the "Lessee Improvements") being substantially completed. Additionally, Lessor shall deliver the Initial Premises to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs (“Start Date”), and, so long as the required service contracts described in Paragraph 7.1(b) below are obtained by and warrants to Lessee within thirty (30) days following the Start Date, warrants that the existing electrical, plumbing, electrical systems, fire sprinklersprinkler system, lighting, heating, ventilating and air conditioning and heating systems (“HVAC”), and loading doors, if any, and all other such elements in the Initial Premises, other than those constructed by Lessee, shall be in good operating condition on said date the Commencement Date and that the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the “Building”) skylights therein shall be free of material defectsin watertight condition and repairs to concrete sub-floor shall be completed in a good and workmanlike manner. If a non-compliance with said warranty exists as of the Start Commencement Date, Lessor shall, as Lessor’s sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, rectify same at Lessor’s 's expense. If, after the Start Date, If Lessee does not give Lessor written notice of any a non-compliance with this warranty within: (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) months as to the HVAC systems, (iii) within thirty (30) days as to after the remaining systems and other elements of the BuildingCommencement Date, correction of such non-that non- compliance shall be the obligation of Lessee at Lessee’s 's sole cost and expense.
Appears in 1 contract
Condition. Lessor shall deliver the Premises to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs (“Start Date”), and, so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee within thirty (30) days following the Start Date, warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems (“HVAC”), loading doors, if any, and all other such elements in the Premises, other than those constructed by Lessee, shall be in good operating condition on said date and that the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the “Building”) shall be free of material defects. If a non-compliance with said warranty exists as of the Start Date, Lessor shall, as Lessor’s sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, rectify same at Lessor’s expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this warranty within: (i) one year year* as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) months as to the HVAC systems, (iii) thirty (30) days as to the remaining systems and other elements of the Building, correction of such non-compliance shall be the obligation of Lessee at Lessee’s sole cost and expense.. * as to patent defects and three (3) years as to latent defects
Appears in 1 contract
Samples: Standard Industrial/Commercial Single Tenant Lease (Immune Response Corp)
Condition. (See Addendum #6) Lessor shall deliver the Premises to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs (“Start Date”), andand , so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee within thirty (30) days following the Start Date, warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems (“HVAC”), loading doors, if any, and all other such elements in the Premisespremises, other than those constructed by Lessee, shall be in good operating condition on as said date and that the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the “Building”) shall be free of material defects. If a non-compliance with said warranty exists as of the Start Date, Lessor shall, as Lessor’s sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity specifically the nature and extent of such non-compliance, rectify same at Lessor’s expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this warranty within: (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six thirty (630) months days as to the HVAC systems, (iii) thirty (30) days as to the remaining systems and other elements of the Building, correction of such non-compliance shall be the obligation of Lessee at Lessee’s sole cost and expense.
Appears in 1 contract
Samples: Standard Industrial/Commercial Single Tenant Lease (Napster Inc)
Condition. Lessor shall deliver the Premises to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs (“Start Date”"START DATE"), and, so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee within thirty (30) days following the Start Date, and warrants that the existing electrical, plumbing, fire sprinklersprinkler system, lighting, heating, ventilating and air conditioning systems (“"HVAC”"), loading doors, if any, and all other such elements of the building, in the Premises, other than those constructed by Lessee, shall be in good operating condition on said date and that the surface and structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the “Building”"BUILDING") shall be free of material defects. If a non-compliance with said warranty exists as of the Start Date, Lessor shall, as Lessor’s sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, rectify same at Lessor’s 's expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this warranty within: within (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) months as to the HVAC systems, systems or (iiiii) thirty (30) days as to the remaining systems and other elements of the Building, correction of such non-compliance shall be the obligation of Lessee at Lessee’s 's sole cost and expense, except for the roof, foundations, and bearing walls which are handled as provided in paragraph 7.
Appears in 1 contract
Samples: Standard Industrial/Commercial Single Tenant Lease (Burke Flooring Products Inc)
Condition. Lessor shall deliver the Premises to Lessee broom clean and free of debris on the Commencement Date or the ft Early Possession Date, whichever first occurs (“"Start Date”"), and, so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee within thirty (30) days following the Start Date, and warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems (“"HVAC”"), loading doors, if any, and all other such elements of the building, in the Premises, other than those constructed by Lessee, shall be in good operating condition on said date and that the surface and structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the “"Building”") shall be free of material defects. If a non-compliance with said warranty exists as of the Start Date, Lessor shall, as Lessor’s sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, rectify same at Lessor’s 's expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this warranty within: within (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) months as to the HVAC systems, systems or (iiiii) thirty (30) days as to the remaining systems and other elements of the Building, correction of such non-compliance shall be the obligation of Lessee at Lessee’s 's sole cost and expense, except for the roof, foundations, and bearing walls which are handled as provided in paragraph 7.
Appears in 1 contract
Samples: Standard Industrial/Commercial Single Tenant Lease Gross (Singing Machine Co Inc)
Condition. Lessor shall deliver the Premises to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Datedate, whichever first occurs (“Start Date”"START DATE"), and, so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee within thirty (30) days following the Start Date, and warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems (“"HVAC”"), loading doors, if any, and all other such elements of the building, in the Premises, other than those constructed by Lessee, shall be in good operating condition on said date and that the surface and structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the “Building”"BUILDING") shall be free of material defects. If a non-compliance with said warranty exists as of the Start Date, Lessor shall, as Lessor’s sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, rectify same at Lessor’s 's expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this warranty within: within (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (iiI) six (6) months as to the HVAC systems, systems or (iiiii) thirty (30) days as to the remaining systems and other elements of the Building, correction of such non-compliance shall be the obligation of Lessee at Lessee’s 's sole cost Cost and expense, except for the roof, foundations, and bearing walls which are handled as provided in paragraph 7.
Appears in 1 contract
Condition. Lessor shall deliver the Premises to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs (“"Start Date”"), and, so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee within thirty (30) days following the Start Date, warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems (“"HVAC”"), loading doors, if any, and all other such elements in the Premises, other than those constructed by Lessee, shall be in good operating condition on said date and that the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the “"Building”") shall be free of material defects. If a non-compliance with said warranty exists as of the Start Date, Lessor shall, as Lessor’s 's sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, rectify same at Lessor’s 's expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this warranty within: (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) months as to the HVAC systems, (iii) thirty (30) days as to the remaining systems and other elements of the Building, correction of such non-compliance shall be the obligation of Lessee at Lessee’s 's sole cost and expense.
Appears in 1 contract
Samples: Standard Industrial/Commercial Single Tenant Lease (Cii Financial Inc)
Condition. Lessor shall deliver the Premises to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs (“Start Date”), and, so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee and in effect within thirty (30) days following the Start Date, warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems (“HVAC”), loading doors, sump pumps, if any, and all other such elements in the Premises, other than those constructed by Lessee, shall be in good operating condition on said date and that the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the “Building”) shall be free of material defects. If a non-compliance with said warranty exists as of the Start Date, or if one of such systems or elements should malfunction or fail within the appropriate warranty period, Lessor shall, as Lessor’s sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, malfunction or failure, rectify same at Lessor’s expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this The warranty withinperiods shall be as follows: (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) 6 months as to the HVAC systems, and (iiiii) thirty ninety (3090) days as to the remaining systems and other elements of the Building. If Lessee does not give Lessor the required notice within the appropriate warranty period, correction of any such non-compliance compliance, malfunction or failure shall be the obligation of Lessee at Lessee’s sole cost and expense.
Appears in 1 contract
Condition. Lessor shall deliver the Premises (“Unit”) to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs (“Start Date”), and, so long as the required service contracts described in Paragraph 7.1(b) Section 8.1.2 below are obtained by Lessee and in effect within thirty (30) days following the Start Date, warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems (“HVAC”), loading doors, sump pumps, if any, and all other such elements in the PremisesUnit, other than those constructed by Lessee, shall be in good operating condition on said date and date, that the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the “Building”) Unit shall be free of material defects, and that the Unit does not contain hazardous levels of any mold or fungi defined as toxic under applicable state or federal law. If a non-compliance with said such warranty exists as of the Start Date, or if one of such systems or elements should malfunction or fail within the appropriate warranty period, Lessor shall, as Lessor’s sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, malfunction or failure, rectify same at Lessor’s expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this The warranty withinperiods shall be as follows: (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) three months as to the HVAC systems, and (iiiii) thirty (30) 30 days as to the remaining systems and other elements of the BuildingUnit. If Lessee does not give Lessor the required notice within the appropriate warranty period, correction of any such non-compliance compliance, malfunction or failure shall be the obligation of Lessee at Lessee’s sole cost and expenseexpense (except for the repairs to the fire sprinkler systems, roof, foundations, and/or bearing walls - see Section 8).
Appears in 1 contract
Samples: Industrial/Commercial Multi Tenant Lease (Vital Therapies Inc)
Condition. Lessor shall deliver the Premises to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs (“Start Date”), and, so long as the required service contracts described in Paragraph 7.1(b7.1 (b) below are obtained by Lessee within thirty (30) days following the Start Date, warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems (“HVAC”), loading doors, if any, and all other such elements in the Premises, other than those constructed by Lessee, shall be in good operating condition on said date and that the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the “Building”) shall be free of material defects. If a non-compliance with said warranty exists as of the Start Date, Lessor shall, as Lessor’s sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, rectify same at Lessor’s expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this warranty within: (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) months as to the HVAC systems, (iii) thirty (30) days as to the remaining systems and other elements of the Building, correction of such non-compliance shall be the obligation of Lessee at Lessee’s sole cost and expense.
Appears in 1 contract
Samples: Standard Industrial/Commercial Single Tenant Lease (Nutech Digital Inc)
Condition. Lessor shall deliver the Premises to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs (“"Start Date”"), and, so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee within thirty (30) days following the Start Date, warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems (“"HVAC”"), loading doors, if If any, and all other such elements in In the Premises, other than those constructed by Lessee, shall be in good operating condition on said date and that the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the “"Building”") shall be free of material defectsdefect. If a non-compliance with said warranty exists as of the Start Date, Lessor shall, as Lessor’s 's sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, rectify same at Lessor’s 's expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this warranty within: (i1) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) months as to the HVAC systems, svstems. (iii) thirty ninety (3090) days as to the remaining systems and other elements of the Building, correction of such non-compliance shall be the obligation of Lessee at Lessee’s 's sole cost and expense. See Addendum.
Appears in 1 contract
Samples: Standard Industrial/Commercial Single Tenant Lease (Guitar Center Inc)
Condition. Lessor shall deliver the Premises to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs (“"Start Date”"), and, so long Landlord warrants that the Premises are connected for water, electricity and gas usage and that all of the connections for water, electricity and gas usage are in working order and shall be in good working order as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee within thirty (30) days following of the Start Date, and, warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems (“HVAC”), loading doors, if any, and all other such elements in the Premises, other than those constructed by Lessee, shall be in good operating condition on said date and that the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the “"Building”") shall be free of material defects. If a non-compliance with said warranty exists as of the Start Date, Lessor shall, as Lessor’s 's sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, rectify same at Lessor’s 's expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this warranty within: (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) months as to the HVAC systems, (iii) thirty (30) days as to the remaining systems and other elements of the Building, correction of such non-compliance shall be the obligation of Lessee at Lessee’s 's sole cost and expense.
Appears in 1 contract
Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)
Condition. Lessor shall deliver the Premises to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs (“Start Date”), and, so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee within thirty (30) days following the Start Date, warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems (“HVAC”), loading doors, if any, and all other such elements in the Premises, other than those constructed by Lessee, shall be in good operating condition on said date and that the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the “Building”) shall be free of material defects. If a non-compliance with said warranty exists as of the Start Date, Lessor shall, as Lessor’s sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliancenoncompliance, rectify same at Lessor’s expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance noncompliance with this warranty within: (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) months as to the HVAC systemsHVACsystems, (iii) thirty (30) days as to the remaining systems and other elements of the Building, correction of such non-compliance noncompliance shall be the obligation of Lessee at Lessee’s sole cost and expense.
Appears in 1 contract
Samples: Standard Industrial/Commercial Single Tenant Lease (Prolong International Corp)
Condition. Lessor shall deliver the Premises to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs (“"Start Date”"), and, so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee within thirty (30) days following the Start Date, and warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems (“"HVAC”"), loading doors, if any, and all other such elements of the building, in the Premises, other than those constructed by Lessee, shall be in good operating condition on said date and that the surface and structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the “"Building”") shall be free of material defects. If a non-compliance with said warranty exists as of the Start Date, Lessor shall, as Lessor’s sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting seting forth with specificity the nature and extent of such non-compliance, rectify same at Lessor’s 's expense. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this warranty within: within (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) months as to the HVAC systems, systems or (iiiii) thirty (30) days as to the remaining systems and other elements of the BuildingBuiliding, correction of such non-compliance shall be the obligation of Lessee at Lessee’s 's sole cost and expense, except for the roof, foundations, and bearing walls which are handled as provided in Paragraph 7.
Appears in 1 contract
Samples: Standard Industrial/Commercial Single Tenant Lease (Trio Tech International)
Condition. Lessor shall deliver the Premises to Lessee broom clean and free of debris on the Commencement Date or the Early Estimated Possession Date, whichever first occurs (“Start Date”), and, so long as the required service contracts described in Paragraph 7.1(b) below are and obtained by Lessee within thirty (30) days following the Start Date, warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems (“HVAC”), loading doors, if any, and all other such elements in the Premises, other than those constructed by Lessee, shall be in good operating condition on said date xxxx and that the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the “Building”) shall be free of material defects. If a non-compliance with said warranty exists as of the Start Date, Lessor shall, as Lessor’s sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after a receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, rectify same at Lessor’s expense. If, expense if after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this warranty within: (il) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six three (63) months as to the HVAC systems, (iii) thirty ninety (3090) days as to the remaining systems and other elements of the Building, correction of such non-compliance shall be the obligation of Lessee at Lessee’s sole cost and expense. See addendum paragraph 53.
Appears in 1 contract
Samples: Standard Industrial/Commercial Single Tenant Lease Net (Osmetech PLC)
Condition. Lessor shall deliver to the Premises to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs (“Start "START Date”"), and, so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee within thirty (30) days following the Start Date, and warrants that the existing electrical, plumbing, fire sprinkler, lighting, heatinghearing, ventilating and air conditioning systems (“"HVAC”"), loading doors, if any, and all other such elements of the building, in the Premises, other than those constructed by Lessee, shall be in good operating condition on said date and that the surface and structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the “Building”"BUILDING") shall be free of material defects. If a non-compliance with said warranty exists as of the Start Date, Lessor shall, as Lessor’s sole obligation with respect to such matter, except as otherwise provided in this Leaselease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, rectify same at Lessor’s expense's expenses. If, after the Start Date, Lessee does not give Lessor written notice of any non-compliance with this warranty within: within (i) one year as to the surface of the roof and the structural portions of the roof, foundations and bearing walls, (ii) six (6) months as to the HVAC systems, systems or (iiiii) thirty (30) days as to the remaining systems and other elements of the Building, correction of such non-compliance shall be the obligation of Lessee at Lessee’s 's sole cost and expense, except for the roof, foundations, and bearing walls which are handled as provided in Paragraph 7.
Appears in 1 contract