Common use of DELIVERY AND COMPLETION Clause in Contracts

DELIVERY AND COMPLETION. 3.1 The Supplier must deliver the Goods to the Site between the hours of 8.30am and 4.00pm by the Required Date, unless otherwise directed by Screen Queensland in writing. Delivery will have occurred only when the Supplier has delivered the Goods to the Site and (unless otherwise specified in the Order) unloaded the Goods at the part of the Site designated by Screen Queensland. 3.2 The Supplier must ensure that: (a) the Goods are delivered with detailed delivery receipt detailing the Order number and description of contents and invoice, detailing item, quantity, Unit Price and Total Price; (b) an employee of Screen Queensland signs the Supplier’s delivery receipt upon delivery. The Supplier acknowledges that if t h e Goods are delivered and no signature has been obtained the Goods may be considered undelivered and in that case Screen Queensland will not be responsible for such Goods; (c) the Goods are supplied in one delivery unless otherwise agreed; (d) the Goods are provided Free In Store unless otherwise specified in the Order; (e) any item subject to shelf life control will be freshly manufactured and clearly identified on delivery with details of date of manufacture, shelf life conditions, requirements and shelf life period; (f) in the case of food delivery, delivery is made in appropriately licensed registered and hygienic food transportation vehicles; and (g) all Goods are packed and protected in a way to ensure that they are not damaged during delivery to and unloading and storage at the Site. 3.3 The Supplier must complete the Services by the Required Date. 3.4 Time is of the essence in the supply of the Goods and/or Services. If the Supplier fails to supply the Goods and/or Services by the Required Date, Screen Queensland may: (a) immediately cancel the whole or any part of an Order and the Supplier will not be entitled to any claim against Screen Queensland; (b) return the Goods to the Supplier at the Supplier's expense; (c) seek damages as a result of the Supplier's late delivery; and/or (d) order the Goods from a third party and seek damages for any loss suffered by the Screen Queensland. 3.5 Where no Required Date is specified in an Order, the Supplier must notify Screen Queensland of the Required Date upon receipt of Order.

DELIVERY AND COMPLETION. 3.1 The Supplier must deliver TENANT HEREBY ACKNOWLEDGES THAT TENANT HAS INSPECTED THE COMMON AREA (AS HEREINAFTER DEFINED) AND THE PREMISES, AND HEREBY (I) ACCEPTS THE COMMON AREA IN "AS IS" CONDITION FOR ALL PURPOSES AND (II) SUBJECT TO LANDLORD'S COMPLETION OF ITS OBLIGATIONS UNDER THE WORK LETTER (HEREIN SO CALLED) ATTACHED HERETO AS EXHIBIT D, TENANT HEREBY ACCEPTS THE PREMISES FOR ALL PURPOSES (INCLUDING THE SUITABILITY OF THE PREMISES FOR THE PERMITTED USE). Landlord will perform or cause to be performed the Goods work and/or construction of Tenant's Improvements (as defined in the Work Letter) in accordance with the terms of the Work Letter and will use commercially reasonable efforts to Substantially Complete (as defined in the Work Letter) Tenant's Improvements by the Commencement Date. If Tenant's Improvements are not Substantially Complete by the Commencement Date set forth in Item 6 of Article 1 for any reason whatsoever, Tenant's sole remedy shall be an adjustment of the Commencement Date and the Expiration Date to the Site between extent permitted under the hours of 8.30am and 4.00pm by Work Letter. The Premises shall be delivered to Tenant on the Required Commencement Date; provided, unless otherwise directed by Screen Queensland in writing. Delivery will however, Landlord may, at its sole option, permit the Tenant to have occurred only when the Supplier has delivered the Goods access to the Site and (unless otherwise specified in Premises prior to the Order) unloaded the Goods at the part of the Site designated by Screen Queensland. 3.2 The Supplier must ensure that: (a) the Goods are delivered with detailed delivery receipt detailing the Order number and description of contents and invoice, detailing item, quantity, Unit Price and Total Price; (b) an employee of Screen Queensland signs the Supplier’s delivery receipt upon deliveryCommencement Date. The Supplier acknowledges that if t h e Goods are delivered and no signature has been obtained the Goods may be considered undelivered and in that case Screen Queensland Any such occupancy will not affect the Commencement Date; however, such occupancy will be responsible for such Goods; (c) the Goods are supplied in one delivery unless otherwise agreed; (d) the Goods are provided Free In Store unless otherwise specified in the Order; (e) any item subject to shelf life control will be freshly manufactured and clearly identified on delivery with details all other provisions of date of manufacturethis Lease, shelf life conditions, requirements and shelf life period; (f) including without limitation the indemnity provisions set forth in the case of food delivery, delivery is made in appropriately licensed registered and hygienic food transportation vehicles; and (g) all Goods are packed and protected in a way to ensure that they are not damaged during delivery to and unloading and storage at the SiteSection 8.5.1. hereof. 3.3 The Supplier must complete the Services by the Required Date. 3.4 Time is of the essence in the supply of the Goods and/or Services. If the Supplier fails to supply the Goods and/or Services by the Required Date, Screen Queensland may: (a) immediately cancel the whole or any part of an Order and the Supplier will not be entitled to any claim against Screen Queensland; (b) return the Goods to the Supplier at the Supplier's expense; (c) seek damages as a result of the Supplier's late delivery; and/or (d) order the Goods from a third party and seek damages for any loss suffered by the Screen Queensland. 3.5 Where no Required Date is specified in an Order, the Supplier must notify Screen Queensland of the Required Date upon receipt of Order.

DELIVERY AND COMPLETION. 3.1 The Supplier must deliver Tenant hereby acknowledges that Tenant has inspected the Goods Premises and the Common Areas (as hereinafter defined) and hereby (i) accepts the Common Areas in “as is” condition for all purposes and (ii) accepts the Premises (including the suitability of the Premises for the Permitted Use) for all purposes. Landlord will perform or cause to be performed the work and/or construction of Tenant’s Improvements (as defined in the Work Letter) in accordance with the terms of the Work Letter and will use reasonable efforts to Substantially Complete (as defined in the Work Letter) Tenant’s Improvements by the Rent Commencement Date set forth in Item 7 of the Basic Lease Provisions. If Tenant’s Improvements are not Substantially Complete by the Rent Commencement Date set forth in Item 7 of the Basic Lease Provisions for any reason whatsoever (including, without limitation, because of any delays caused solely by Landlord), Tenant’s sole remedy shall be an adjustment of the Rent Commencement Date and the Expiration Date to the Site between the hours of 8.30am and 4.00pm by the Required Date, unless otherwise directed by Screen Queensland in writing. Delivery will have occurred only when the Supplier has delivered the Goods to the Site and (unless otherwise specified in the Order) unloaded the Goods at the part extent permitted under Section 3 of the Site designated by Screen QueenslandWork Letter. TENANT WAIVES (I) ANY CLAIMS DUE TO DEFECTS IN THE PREMISES, EXCEPT CLAIMS FOR DEFECTS, LATENT OR OTHERWISE, IN THE TENANT IMPROVEMENTS INSTALLED BY LANDLORD PURSUANT TO THE WORK LETTER OF WHICH DEFECTS TENANT GIVES LANDLORD WRITTEN NOTICE WITHIN ONE (1) YEAR AFTER THE TENANT IMPROVEMENTS ARE SUBSTANTIALLY COMPLETE; AND (II) ALL EXPRESS AND IMPLIED WARRANTIES OF SUITABILITY, HABITABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. 3.2 The Supplier must ensure that: (a) the Goods are delivered with detailed delivery receipt detailing the Order number and description of contents and invoice, detailing item, quantity, Unit Price and Total Price; (b) an employee of Screen Queensland signs the Supplier’s delivery receipt upon delivery. The Supplier acknowledges that if t h e Goods are delivered and no signature has been obtained the Goods may be considered undelivered and in that case Screen Queensland will not be responsible for such Goods; (c) the Goods are supplied in one delivery unless otherwise agreed; (d) the Goods are provided Free In Store unless otherwise specified in the Order; (e) any item subject to shelf life control will be freshly manufactured and clearly identified on delivery with details of date of manufacture, shelf life conditions, requirements and shelf life period; (f) in the case of food delivery, delivery is made in appropriately licensed registered and hygienic food transportation vehicles; and (g) all Goods are packed and protected in a way to ensure that they are not damaged during delivery to and unloading and storage at the Site. 3.3 The Supplier must complete the Services by the Required Date. 3.4 Time is of the essence in the supply of the Goods and/or Services. If the Supplier fails to supply the Goods and/or Services by the Required Date, Screen Queensland may: (a) immediately cancel the whole or any part of an Order and the Supplier will not be entitled to any claim against Screen Queensland; (b) return the Goods to the Supplier at the Supplier's expense; (c) seek damages as a result of the Supplier's late delivery; and/or (d) order the Goods from a third party and seek damages for any loss suffered by the Screen Queensland. 3.5 Where no Required Date is specified in an Order, the Supplier must notify Screen Queensland of the Required Date upon receipt of Order.

DELIVERY AND COMPLETION. 3.1 The Supplier must deliver Tenant hereby acknowledges that Tenant has inspected the Goods Common Area (as hereinafter defined) and the Premises, and hereby (i) accepts the Common Area in " AS IS" condition for all purposes and (ii) subject to Landlord's completion of its obligations under the Work Letter (herein so called) attached hereto as Exhibit D, Tenant hereby accepts the Premises for all purposes (including the suitability of the Premises for the Permitted Use). Landlord will perform or cause to be performed the work and/or construction of Tenant's Improvements (as defined in the Work Letter) in accordance with the terms of the Work Letter and will use commercially reasonable efforts to Substantially Complete (as defined in the Work Letter) Tenant's Improvements by the Commencement Date. If Tenant's Improvements are not Substantially Complete - by the Commencement Date set forth in Item 6 of Article I for any reason whatsoever, Tenant's sole remedy shall be an adjustment of the Commencement Date and the Expiration Date to the Site between extent permitted under the hours of 8.30am and 4.00pm by Work Letter. The Premises shall be delivered to Tenant on the Required Commencement Date; provided, unless otherwise directed by Screen Queensland in writing. Delivery however, Landlord will permit the Tenant to have occurred only when the Supplier has delivered the Goods access to the Site and (unless otherwise specified in Premises prior to the Order) unloaded the Goods at the part of the Site designated by Screen Queensland. 3.2 The Supplier must ensure that: (a) the Goods are delivered with detailed delivery receipt detailing the Order number and description of contents and invoice, detailing item, quantity, Unit Price and Total Price; (b) an employee of Screen Queensland signs the Supplier’s delivery receipt upon deliveryCommencement Date. The Supplier acknowledges that if t h e Goods are delivered and no signature has been obtained the Goods may be considered undelivered and in that case Screen Queensland Any such occupancy will not affect the Commencement Date; however, such occupancy will be subject to all other provisions of this Lease, including without limitation the indemnity provisions set forth in Section 8.5.1. hereof. Landlord will be responsible for such Goods; (c) delivering the Goods are supplied space with the HV AC, plumbing, and all mechanical systems in one delivery unless otherwise agreed; (d) the Goods are provided Free In Store unless otherwise specified in the Order; (e) any item subject to shelf life control will be freshly manufactured and clearly identified on delivery with details of date of manufacture, shelf life conditions, requirements and shelf life period; (f) in the case of food delivery, delivery is made in appropriately licensed registered and hygienic food transportation vehicles; and (g) all Goods are packed and protected in a way to ensure that they are not damaged during delivery to and unloading and storage at the Sitegood working order . 3.3 The Supplier must complete the Services by the Required Date. 3.4 Time is of the essence in the supply of the Goods and/or Services. If the Supplier fails to supply the Goods and/or Services by the Required Date, Screen Queensland may: (a) immediately cancel the whole or any part of an Order and the Supplier will not be entitled to any claim against Screen Queensland; (b) return the Goods to the Supplier at the Supplier's expense; (c) seek damages as a result of the Supplier's late delivery; and/or (d) order the Goods from a third party and seek damages for any loss suffered by the Screen Queensland. 3.5 Where no Required Date is specified in an Order, the Supplier must notify Screen Queensland of the Required Date upon receipt of Order.