Delivery and Acceptance of Possession. Landlord shall exercise a good faith effort with respect to delivering possession of the Premises with Landlord Work Substantially Complete to Tenant on or before January 1, 2012, but in the event that possession of the Premises with Landlord Work Substantially Complete is not delivered to Tenant within one hundred eighty (180) days after the Effective Date, and provided such delay is not caused by Tenant, Tenant shall have the right to terminate this Lease by delivering written notice of such termination to Landlord, whereupon this Lease shall thereupon become null and void and of no further force or effect whatsoever in law or equity, and Landlord shall not be liable to Tenant for any loss or damages related to such failure to deliver possession. Tenant has examined the Premises, and reviewed and approved Exhibit “C” with respect to Landlord Work to be constructed on the Premises. Tenant shall accept the Premises at such time as the Premises are Substantially Complete. Except as expressly set forth herein, Landlord has made no other representations, express or implied, as to the condition thereof, or as to the use or occupancy which may be made thereof, or the effect of any Laws thereon. Unless Exhibit “C” expressly describes specific initial Landlord Work to be performed by Landlord before the Commencement Date, nothing contained in this Lease shall obligate Landlord to perform any Landlord Work other than Landlord Repairs and Compliance Work as expressly the obligation of Landlord pursuant to the terms and conditions of this Lease.
Delivery and Acceptance of Possession. The Company shall, commencing with the date of delivery of this Lease (or such later date as is provided for in Section 3.1 hereof), have possession, custody and control of the Project as it exists on such date, and the Company hereby accepts such possession, custody and control, subject to the Permitted Encumbrances. The Issuer covenants and agrees that it shall not take any action, other than pursuant to Article X of this Lease, to prevent the Company from having possession and enjoyment of the Project during the Lease Term and shall, at the request of the Company, if indemnified by the Company, cooperate with the Company in order that the Company may have peaceful possession and enjoyment of the Project.
Delivery and Acceptance of Possession. The Board agrees to deliver to the Company sole and exclusive possession of the Project (subject to the right of the Trustee to enter thereon for inspection purposes and to the other provisions of Section 8.2) on the Completion Date and the Company agrees to accept possession of the Project upon such delivery; provided, however, that the Company shall be permitted such possession of the Project prior to the Completion Date as shall not interfere with the acquisition, construction and installation of the Project Facilities.
Delivery and Acceptance of Possession. The Issuer agrees to deliver to the Lessee sole and exclusive possession of the Project, or so much thereof as may exist on the effective date hereof (subject to the right of the Trustee to enter thereon for inspection and other purposes as set forth in Section 8.2 of the Original Lease) on the effective date of this Second Supplemental Lease and the Lessee agrees to accept possession of the Project upon such delivery; provided, however, that the Lessee shall be permitted full use and occupancy of the Project prior to any Completion Date.
Delivery and Acceptance of Possession. The Issuer agrees ------------------------------------- to deliver to the Company sole and exclusive possession of the Project (subject to the right of the Issuer and the Trustee to inspect the same pursuant to Section 6.4) on the Completion Date and the Company agrees to accept possession of the Project upon such delivery; provided, however, that the Company shall be permitted much possession of the Project prior to the Completion Date as shall not interfere with the acquisition, construction, installation and equipping of the Project.
Delivery and Acceptance of Possession. Section 5.3 - Rents and Other Amounts Payable............. 12 Section 5.4 - Place of Rental Payments.................... 13 Section 5.5 - Obligations of Company Hereunder Absolute and Unconditional........................... 13 Section 5.6 - Company's Performance Under Indenture....
Delivery and Acceptance of Possession. The Lessor hereby leases and further delivers to the Lessee sole and exclusive possession of the Project (subject to the right of the Lessor to enter thereon for inspection purposes and to the other provisions of Section 7.02 hereof) and the Lessee hereby accepts possession of the Project. The Lessor covenants and represents that so long as the Lessee has paid the rent and all other sums payable by it hereunder, and has duly observed all the covenants and agreements herein contained on its part to be performed, the Lessee shall have, hold and enjoy, during the Lease Term, peaceful, quiet and undisturbed possession of the Project subject to the terms and provisions hereof, and the Lessor shall from time to time take all necessary action to that end.
Delivery and Acceptance of Possession. Landlord shall use its best ------------------------------------- efforts to cause the Commencement Date to occur on or before the Target Commencement Date, or as soon thereafter as reasonably practicable. However, if Landlord is unable to cause the foregoing to be done by the indicated time period for any reason beyond its reasonable control, this Lease shall not be void or voidable, Landlord shall not be in default, and Landlord shall not be liable to Tenant for any loss or damage resulting from Landlord's failure or inability to complete such improvements within the indicated time periods or to deliver possession of the Premises when required by this Lease. However, Tenant shall have the option to terminate this Lease in the event the Commencement Date has not occurred within that period of time following the Target Commencement Date that is equal to the sum of the following: (i) one hundred eighty (180) days; plus (ii) the period of any actual delay in completing the Improvements experienced by Landlord resulting from delays caused by Tenant or Force Majeure as described in paragraph 15.8, or any other event or causes beyond Landlord's reasonable control.
Delivery and Acceptance of Possession. Landlord shall deliver to Tenant possession of the Premises on the Commencement Data in their presently existing condition, broom clean. Tenant shall accept possession of the Premises in its presently existing condition, "as-is" (except for latent defects in the structural elements of the Premises), acknowledging that Tenant intends to do renovation work and construct interior improvements pursuant to paragraph 2.3 hereof and the Interior Improvement Agreement attached as Exhibit "C".
Delivery and Acceptance of Possession. Landlord shall use commercially reasonable efforts to deliver possession of the Leased Premises to Tenant by the Commencement Date. If, despite such efforts, Landlord is unable to deliver possession by such date, Landlord shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Tenant hereunder. Tenant shall not, however, be obligated to pay Rent or perform any other obligation of Tenant under the terms of this Lease until Landlord delivers possession of the Leased Premises to Tenant, and any period of rent abatement that Tenant would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to what Tenant would otherwise have enjoyed under the terms hereof, but minus any days of delay caused by the acts or omissions of Tenant. By taking possession of the Leased Premises, Tenant shall be conclusively deemed to have accepted the Leased Premises in its then existing condition "AS IS".
