Delivery & Acceptance of Possession Sample Clauses

Delivery & Acceptance of Possession. When Landlord’s Work is Substantially Complete, Landlord shall deliver to Tenant a written notice certifying that Landlord’s Work is “Substantially Complete” (the “Completion Notice”). Within five (5) days after Landlord delivers the Completion Notice, Tenant and a representative of Landlord shall jointly inspect the Premises, and Tenant shall be deemed to have accepted the Premises (in their condition as of the date of the Completion Notice but without)maiving Landlord’s obligation, if any, to correct punch list items pursuant to Paragraph 1 Ybelow) effective on the earlier of (i) the date of such joint inspection, or (ii) the first (1st) business day after Landlord delivers the Completion Notice.
Sample 1
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Delivery & Acceptance of Possession. When Landlord’s TI Work is substantially Landlord’s Initials: Tenant’s Initials: Deed of Lease Alliance Home Funding, LLC Page 49 of 63 complete, Landlord shall deliver to Tenant a written notice (the “Completion Notice”) certifying that Landlord’s TI Work is “Substantially Complete” (as defined above). Within three (3) business days after Landlord delivers the Completion Notice, Tenant and a representative of Landlord shall jointly inspect the Premises, and, provided Landlord’s TI Work is substantially complete as of such time, Tenant shall be deemed to have accepted the Premises (in its condition as of the date of the Completion Notice but without waiving Landlord’s obligation to correct punch list items pursuant to Paragraph 9 below) effective on the later of (i) the date of such joint inspection, or (ii) the first (1st) business day after Landlord delivers the Completion Notice. In the event Tenant in good faith determines that the Landlord’s TI Work is not substantially complete, Tenant shall, within three (3) business days of the foregoing three (3) business day period, deliver to Landlord with specificity, a report identifying its determination of those items of Landlord’s TI Work which are not substantially complete. Tenant’s failure to deliver such report shall be deemed (for purposes hereof but for no other purpose) Tenant’s certification that the Premises is substantially complete. Notwithstanding anything to the contrary, the issuance of a non-residential use permit by the appropriate governmental authority, irrespective any punch list items to be completed by the Landlord, shall be deemed as conclusive evidence of Substantial Completion of Landlord’s TI Work.
Sample 1
Delivery & Acceptance of Possession. Prior to commencement of construction, Tenant (and Tenant’s architect or construction manager if requested by Tenant) and a representative of Landlord shall jointly inspect the Premises to document discovered latent defects in the Building, omissions from the Building Shell Work defined in Exhibit C-1, or other punchlist items, the prompt correction or completion of which shall remain the obligation of Landlord. Tenant shall be deemed to have accepted the Premises in “AS IS, WHERE IS” condition effective on the date of such joint inspection, subject to the correction of such discovered latent defects, omissions and punchlist items by Landlord and correction by Landlord of any other latent defects, omissions or punchlist items which are discovered subsequent to such joint inspection, (but in any event not later than ninety [90] days after the Tenant’s full occupancy of the Premises).
Sample 1
Delivery & Acceptance of Possession. Within two (2) business days after Landlord delivers possession of the Premises to Tenant, Tenant (and Tenant’s Architect if requested by Tenant) and a representative of Landlord shall jointly inspect the Premises, and Tenant shall be deemed to have accepted the Premises in “AS IS, WHERE IS” condition effective on the date of such joint inspection. Notwithstanding the foregoing, to the extent that during the course of performing Tenant’s Work, latent defects to the Premises or the Building are discovered, which work, pursuant to the terms of the Lease, was the responsibility of the Landlord, the Landlord shall promptly repair the same. To the extent that Landlord’s repair of said latent defects causes a delay to the completion of Tenant’s Work, the Rent Commencement Date shall be extended accordingly.
Sample 1
Delivery & Acceptance of Possession. When Landlord's Work is substantially complete, Landlord shall deliver to Tenant a written notice (the "Completion Notice") certifying that Landlord's Work is "Substantially Complete" (as defined in the Lease). Within five (5) days after Landlord delivers the Completion Notice, Tenant and a representative of Landlord shall jointly inspect the Premises, as Tenant deems appropriate and Tenant shall be deemed to have accepted the Premises (in their condition as of the date of the Completion Notice but without waiving Landlord's ability, if any, to correct punch list items pursuant to Paragraph 11 below) on the earlier of (i) the date of such joint inspection, or (ii) the fifth (5th) day after Landlord delivers the Completion Notice; which date may be referred to hereinafter as the "Possession Date."
Sample 1
Delivery & Acceptance of Possession. On the Commencement Date, Landlord will deliver the Property to Tenant in the condition and repair witnessed by Tenant during its on- site inspections of the Property and by providing Tenant with two (2) copies of keys or key cards for each and every lock on the Property, or the written combination or access code for each and every combination or access code lock on the Property (“Delivery of Possession”). Landlord shall deliver the Property free of any of Landlord’s personal property, provided that Landlord shall have leave to remove its personal property stored in the storage area on or before February 28, 2018. By acceptance of Delivery of Possession of the Property, Tenant confirms that it has inspected the condition of the Property and Tenant accepts the Property “AS IS,” “WHERE IS,” AND “WITH ALL FAULTS,” without any representations or warranties by Landlord other than those expressly stated in this Lease, and, subject to the terms of this Lease, Tenant is responsible for all changes to the Property, of whatever nature, necessary for the Permitted Use.
Sample 1

Related to Delivery & Acceptance of Possession

  • Delivery; Acceptance of Premises; Commencement Date Landlord shall use reasonable efforts to deliver the Premises to Tenant on or before the Target Commencement Date, with Landlord’s Work Substantially Completed (“Delivery” or “Deliver”). If Landlord fails to timely Deliver the Premises, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable except as provided herein. If Landlord does not Deliver the Premises within 45 days of the Target Commencement Date for any reason other than Force Majeure delays and Tenant Delays, this Lease may be terminated by Tenant by written notice to Landlord, and if so terminated by Tenant: (a) the Security Deposit, or any balance thereof (i.e., after deducting therefrom all amounts to which Landlord is entitled under the provisions of this Lease), shall be returned to Tenant, and (b) neither Landlord nor Tenant shall have any further rights, duties or obligations under this Lease, except with respect to provisions which expressly survive termination of this Lease. As used herein, the terms “Landlord’s Work,” “Tenant Delays” and “Substantially Completed” shall have the meanings set forth for such terms in the Work Letter. If Tenant does not elect to void this Lease within 10 business days of the lapse of such 45 day period, such right to void this Lease shall be waived and this Lease shall remain in full force and effect. Notwithstanding anything to the contrary contained herein, if Tenant does not terminate this Lease pursuant to the immediately preceding sentence, Base Rent shall be abated 1 day for each day after such 45 day period (as extended by Force Majeure delays and Tenant Delays) that the Premises are not Delivered to Tenant.

  • Delivery of Possession Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations 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 the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's request.

  • Tender of Possession Landlord and Tenant presently anticipate that possession of the Premises will be tendered to Tenant in the condition required by this Lease on or about February 1, 2013 or, if later, 65 days following Tenant’s execution and delivery of this Lease to Landlord, regardless of the date on which Landlord countersigns this Lease (such later date being the “Estimated Delivery Date”). If Landlord does not tender possession of the Premises with the Work Substantially Completed to Tenant by the Estimated Delivery Date, then (a) the validity of this Lease shall not be affected or impaired thereby, (b) Landlord shall not be in default hereunder or be liable for damages therefor, and (c) Tenant shall accept possession of the Premises when Landlord tenders possession thereof to Tenant. Tenant shall have early access to the Premises as provided in Section 26.2. By occupying the Premises, Tenant shall be deemed to have accepted the Premises in their condition as of the date of such occupancy, subject to the performance of punch-list items that remain to be performed by Landlord, if any. Prior to occupying the Premises, Tenant shall execute and deliver to Landlord a letter substantially in the form of Exhibit E hereto confirming (1) the Commencement Date and the expiration date of the initial Term, (2) that Tenant has accepted the Premises, and (3) that Landlord has performed all of its obligations with respect to the Premises (except for punch-list items specified in such letter); however, the failure of the parties to execute such letter shall not defer the Commencement Date or otherwise invalidate this Lease. Entry into the Premises by any Tenant Party prior to the Commencement Date shall be subject to all of the provisions of this Lease excepting only those requiring the payment of Basic Rent and Additional Rent.

  • Prompt Acceptance of Agreement The Restricted Share Unit grant evidenced by this Agreement shall, at the discretion of the Administrator, be forfeited if this Agreement is not manually executed and returned to the Company, or electronically executed by Awardee by indicating Awardee’s acceptance of this Agreement in accordance with the acceptance procedures set forth on the Company’s third-party equity plan administrator’s web site, within 90 days of the Grant Date.

  • Acceptance of Premises Lessee hereby acknowledges: (a) that it has been advised by the Broker(s) to satisfy itself with respect to the condition of the Premises (including but not limited to the electrical and fire sprinkler systems, security, environmental aspects, seismic and earthquake requirements, and compliance with the Americans with Disabilities Act and applicable zoning, municipal, county, state and federal laws, ordinances and regulations and any covenants or restrictions of record (collectively, "Applicable Laws") and the present and future suitability of the Premises for Lessee's intended use; (b) that Lessee has made such investigation as it deems necessary with reference to such matters, is satisfied with reference thereto, and assumes all responsibility therefore as the same relate to Lessee's occupancy of the Premises and/or the terms of this Lease; and (c) that neither Lessor, nor any of Lessor's agents, has made any oral or written representations or warranties with respect to said matters other than as set forth in this Lease.

  • Acceptance of Agreement This Agreement shall not be considered accepted, approved or otherwise effective until the statutorily required approvals and certifications have been given.

  • Acceptance of AAU You will have accepted an AAU for an Offering if: (a) we receive your acceptance, prior to the time specified in the Invitation Wire for such Offering, by wire, telex, telecopy or electronic data transmission, or other written communication (any such communication being deemed “In Writing”) or orally (if promptly confirmed In Writing), in the manner specified in the Invitation Wire, of our invitation to participate in the Offering, or (b) notwithstanding that we did not send you an Invitation Wire or you have not otherwise responded In Writing to any such Wire, you: (i) agree (orally or by a Wire) to be named as an Underwriter in the relevant Underwriting Agreement executed by us as Manager, or (ii) receive and retain an economic benefit for participating in the Offering as an Underwriter. Your acceptance of the invitation to participate will cause such AAU to constitute a valid and binding contract between us. Your acceptance of the AAU as provided above or an Invitation Wire will also constitute acceptance by you of the terms of subsequent Wires to you relating to the Offering unless we receive In Writing, within the time and in the manner specified in such subsequent Wire, a notice from you to the effect that you do not accept the terms of such subsequent Wire, in which case you will be deemed to have elected not to participate in the Offering.

  • Termination of Possession Terminate Tenant’s right to possess the Premises without terminating this Lease by giving written notice thereof to Tenant, in which event Tenant shall pay to Landlord (a) all Rent and other amounts accrued hereunder to the date of termination of possession, (b) all amounts due from time to time under Section 19.1, and (c) all Rent and other net sums required hereunder to be paid by Tenant during the remainder of the Term, diminished by any net sums thereafter received by Landlord through reletting the Premises during such period, after deducting all costs incurred by Landlord in reletting the Premises. If Landlord elects to terminate Tenant’s right to possession without terminating this Lease, and to retake possession of the Premises (and Landlord shall have no duty to make such election), Landlord shall use reasonable efforts to relet the Premises as further described in Section 19.4 below. Provided Landlord substantially complies with Section 19.4, Landlord shall not be liable for, nor shall Tenant’s obligations hereunder be diminished because of, Landlord’s failure to relet the Premises or to collect rent due for such reletting. Tenant shall not be entitled to the excess of any consideration obtained by reletting over the Rent due hereunder. Reentry by Landlord in the Premises shall not affect Tenant’s obligations hereunder for the unexpired Term; rather, Landlord may, from time to time, bring an action against Tenant to collect amounts due by Tenant, without the necessity of Landlord’s waiting until the expiration of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.2. If Landlord elects to proceed under this Section 18.2, it may at any time elect to terminate this Lease under Section 18.1;

  • Acceptance of the Premises By entry and taking possession of the -------------------------- Premises pursuant to this Lease, Tenant accepts the Premises as being in good and sanitary order, condition and repair and accepts the Premises in their condition existing as of the date of such entry, and Tenant further accepts the tenant improvements to be constructed by Landlord, if any, as being completed in accordance with the plans and specifications for such improvements, except for punch list items. Tenant acknowledges that neither Landlord nor Landlord's agents has made any representation or warranty as to the suitability of the Premises to the conduct of Tenant's business. Any agreements, warranties or representations not expressly contained herein shall in no way bind either Landlord or Tenant, and Landlord and Tenant expressly waive all claims for damages by reason of any statement, representation, warranty, promise or agreement, if any, not contained in this Lease. This Lease constitutes the entire understanding between the parties hereto and no addition to, or modification of, any term or provision of this Lease shall be effective until set forth in a writing signed by both Landlord and Tenant.

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