Common use of Delivery and Acceptance of Premises Clause in Contracts

Delivery and Acceptance of Premises. Lessor shall deliver the Premises to Lessee clean and free of debris, on the Commencement Date (unless Lessee is already in possession), and Lessor further warrants to Lessee that the Common Facilities referred to in Article 6, plumbing, heating, air conditioning, ventilating, electrical, lighting facilities and equipment with the Premises, fixtures, walls (interior and exterior), foundations, ceilings, roofs, floors, windows, access doors, loading doors, plate glass and skylights shall be in good operating condition on the Commencement Date. In the event that it is determined that this warranty has been violated, then it shall be the obligation of the Lessor, after receipt of written notice from Lessee setting forth with specificity the nature of the violation, to promptly, at Lessor's sole cost, rectify such violation. Lessee's failure to give such written notice to Lessor within six (6) months after the Commencement Date shall cause the conclusive presumption that Lessor has complied with all of Lessor's obligations hereunder, unless such defect is not readily ascertainable during that period of time. The warranty contained in this Section shall be of no force or effect if prior to the date of this Lease Lessee was the owner or occupant of the Premises. Except as otherwise provided in this Lease, Xxxxxx hereby accepts the Premises in their condition existing as of the Commencement Date or the date that Lessee takes possession of the Premises, whichever is earlier, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premises and any covenants or restrictions of record, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Xxxxxx acknowledges that neither Lessor nor Xxxxxx's agent has made any representation or warranty as to the present or future suitability of the Premises for the conduct of Xxxxxx's business.

Delivery and Acceptance of Premises. Lessor shall deliver the Premises to Lessee clean and free of debris, on the Commencement Date (unless Lessee is already in possession), and Lessor further warrants to Lessee that the Common Facilities referred to in Article 6, plumbing, heating, air conditioning, ventilating, electrical, lighting facilities and equipment with the Premises, fixtures, walls (interior and exterior), foundations, ceilings, roofs, floors, windows, access doors, loading doors, plate glass and skylights shall be in good operating condition on the Commencement Date. In the event that it is determined that this warranty has been violated, then it shall be the obligation of the Lessor, after receipt of written notice from Lessee setting forth with specificity the nature of the violation, to promptly, at Lessor's sole cost, rectify such violation. Lessee's failure to give such written notice to Lessor within six (6) months after the Commencement Date shall cause the conclusive presumption that Lessor has complied with all of Lessor's obligations hereunder, unless such defect is not readily ascertainable during that period of time. The warranty contained in this Section shall be of no force or effect if prior to the date of this Lease Lessee was the owner or occupant of the Premises. Except as otherwise provided in this Lease, Xxxxxx Lessee hereby accepts the Premises Xxxxxxes in their condition existing as of the Commencement Date or the date that Lessee takes possession of the Premises, whichever is earlier, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premises and any covenants or restrictions of record, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Xxxxxx Lessee acknowledges that neither nxxxxxx Lessor nor XxxxxxLessor's agent has made any representation anx xxxxesentation or warranty as to the present or future suitability of the Premises for the conduct of XxxxxxLessee's business.

Delivery and Acceptance of Premises. Lessor shall deliver the Premises to Lessee clean and free of debris, on the Commencement Date (unless Lessee is already in possession), and Lessor further warrants to Lessee that the Common Facilities referred to in Article 6, plumbing, heating, air conditioning, ventilating, electrical, lighting facilities and equipment with the Premises, fixtures, walls (interior and exterior), foundations, ceilings, roofs, floors, windows, access doors, loading doors, plate glass and skylights shall be in good operating condition on the Commencement Date. In the event that it is determined that this warranty has been violated, then it shall be the obligation of the Lessor, after receipt of written notice from Lessee setting forth with specificity the nature of the violation, to promptly, at Lessor's sole cost, rectify such violation. Lessee's failure to give such written notice to Lessor within six (6) months after the Commencement Date shall cause the conclusive presumption that Lessor has complied with all of Lessor's obligations hereunder, unless such defect is not readily ascertainable during that period of time. The warranty contained in this Section shall be of no force or effect if prior to the date of this Lease Lessee was the owner or occupant of the Premises. Except as otherwise provided in this Lease, Xxxxxx Lessee hereby accepts the Premises in their condition existing as of the Commencement Date or the date that Lessee takes possession of the Premises, whichever is earlier, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premises and any covenants or restrictions of record, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Xxxxxx Lessee acknowledges that neither Lessor nor XxxxxxLessor's agent has made any representation or warranty as to the present or future suitability of the Premises for the conduct of XxxxxxLessee's business.

Delivery and Acceptance of Premises. Lessor shall deliver the Premises to Lessee clean and free of debris, on the Commencement Date (unless Lessee is already in possession), and Lessor further warrants to Lessee that the Common Facilities referred to in Article 6, plumbing, heatinghealing, air conditioning, ventilating, electrical, lighting facilities and equipment with the Premises, fixtures, walls (interior and exterior), foundations, ceilings, roofs, floors, windows, access doors, loading doors, plate glass and skylights shall be in good operating condition on the Commencement Date. In the event that it is determined that this warranty has been violated, then it shall be the obligation of the Lessor, after receipt of written notice from Lessee setting forth with specificity the nature of the violation, to promptly, at Lessor's sole cost, rectify such violation. Lessee's failure to give such written notice to Lessor within six (6) months after the Commencement Date shall cause the conclusive presumption that Lessor has complied with all of Lessor's obligations hereunder, unless such defect is not readily ascertainable during that period of time. The warranty contained in this Section shall be of no force or effect if prior to the date of this This Lease Lessee was the owner or occupant of the Premises. Except as otherwise provided in this Lease, Xxxxxx Lessee hereby accepts the Premises in their condition existing as of the Commencement Date or the date that Lessee takes possession of the Premises, whichever is earlier, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premises and any covenants or restrictions of record, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Xxxxxx Lessee acknowledges that neither Lessor nor XxxxxxLessor's agent has made any representation or warranty as to the present or future suitability of the Premises for the conduct of XxxxxxLessee's business.

Delivery and Acceptance of Premises. Lessor The Commencement Date shall deliver be the later of (a) July 1, 2004 or (b) the date Landlord delivers possession of the Premises to Lessee clean Tenant. The Commencement Date shall be confirmed, along with other matters, by written notice sent by Landlord substantially in the form of Exhibit E attached hereto (the “Commencement Notice”). From and free after the Effective Date and prior to the Commencement Date, Tenant may have access to the Premises for the purpose of debrisperforming the Leasehold Improvements, on subject to all of the terms and conditions of this Lease, including Exhibit D attached hereto, except that Tenant shall have no obligation to pay Rent prior to the Commencement Date of this Lease. In consideration of Tenant entering into this Lease and as an inducement to lease the Premises for the Term, Landlord hereby represents, warrants and covenants that to Landlord’s knowledge, there are no lawsuits or proceedings currently pending against (unless Lessee is already i) Landlord or (ii) all or any portion of the Project, whether involving eminent domain or otherwise, which would in possession)either (i) or (ii) above affect all or any portion of the Project or Tenant’s use and enjoyment of thereof. Notwithstanding anything contained herein to the contrary, in the event Landlord fails to deliver possession of the Premises to Tenant, consisting of delivering keys and Lessor further warrants providing full access to Lessee that the Common Facilities referred to in Article 6, plumbing, heating, air conditioning, ventilating, electrical, lighting facilities and equipment with the Premises, fixtureson or before July 30, walls (interior and exterior)2004, foundations, ceilings, roofs, floors, windows, access doors, loading doors, plate glass and skylights shall be in good operating condition on the Commencement Date. In the event that it is determined that Tenant may thereafter at any time terminate this warranty has been violated, then it shall be the obligation of the Lessor, after receipt of written notice from Lessee setting forth with specificity the nature of the violation, to promptly, at Lessor's sole cost, rectify such violation. Lessee's failure to give such written notice to Lessor within six (6) months after the Commencement Date shall cause the conclusive presumption that Lessor has complied with all of Lessor's obligations hereunder, unless such defect is not readily ascertainable during that period of time. The warranty contained in this Section shall be of no force or effect if Lease prior to the date of this Lease Lessee was the owner or occupant of the Premises. Except as otherwise provided in this Lease, Xxxxxx hereby accepts the Premises in their condition existing as of the Commencement Date or the date that Lessee takes possession of the Premises, whichever is earlier, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premises and any covenants or restrictions of record, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Xxxxxx acknowledges that neither Lessor nor Xxxxxx's agent has made any representation or warranty as to the present or future suitability of the Premises for the conduct of Xxxxxx's businessLandlord does so deliver possession.