Delivery and Condition of Premises. Landlord shall construct the Improvements on the Real Property and shall deliver the Premises to Tenant when the Improvements have been completed to the specifications contained in Exhibit A, attached hereto. Landlord represents, warrants, and covenants that upon delivery to Tenant, except for any condition owing to the act or negligence of Tenant, the Premises will conform to all applicable laws, orders, ordnances and regulations, and all parts thereof will be in good repair and in good working condition Upon delivery to Tenant, Tenant shall have and is entitled to exclusive possession of the Premises as set forth in this Lease.
Delivery and Condition of Premises. Tenant agrees to accept the Premises in their "as is" condition and further agrees to be fully responsible for any alterations or improvements thereto. However, it is understood and agreed that Tenant will obtain all necessary permits to construct the premises as required by Code. Landlord shall furnish six (6) 2' X 4' fluorescent light fixtures for installation by Tenant.
Delivery and Condition of Premises. (a) Concessionaire agrees and understands that at the Commencement Date, the Premises will be operated by third-parties pursuant to prior contractual arrangements between City and said third parties. Concessionaire agrees to cooperate and accommodate City by notifying City a minimum of forty-five (45) days in advance of the date Concessionaire is prepared to accept delivery of each location so that City may provide termination notices to such third parties while at the same time minimizing interruptions of concession services to the traveling public. Concessionaire understands and agrees that it will be required to fully design the Premises prior to delivery of the Premises by City to Concessionaire.
Delivery and Condition of Premises. Prior to the Commencement Date, Landlord shall perform the following Leasehold Improvements, at Landlord's cost and expense and in a standard consistent with other first-class office buildings in the Xxxxxx submarket, to prepare the Premises for Tenant's initial occupancy: repainting the Premises in Building standard colors to be selected by Tenant, repainting the cabinets in the kitchenette of the Premises in Building standard colors to be selected by Landlord with reasonable consultation with Tenant, installation of new carpet throughout the Premises in Building standard quality and Building standard colors to be selected by Landlord with reasonable consultation with Tenant, and installation of new laminate countertops in the kitchenette serving the Premises in Building standard quality and as selected by Landlord (together, "Leasehold Improvements"). Any changes to the Leasehold Improvements requested by Tenant may constitute a Tenant Delay (as defined below), and Tenant shall be responsible for the cost of any such changes, such amounts to be paid by Tenant within thirty (30) days after receipt of an invoice from Landlord. Except as specifically provided in this Lease (including without limitation with respect to Landlord's obligation to perform the Leasehold Improvements), Landlord has made no representations, warranties or undertakings as to the present or future condition of the Premises or the fitness or availability of the Premises for any particular use, and Xxxxxx accepts the Premises in its "AS IS" condition. Tenant's failure to provide its paint color selection or any other request for information, approvals or disapprovals regarding the Leasehold Improvements within three (3) business days after request by Landlord or its contractors shall constitute a "Tenant Delay", which shall extend the period for performance of the Leasehold Improvements. 3.1.1
Delivery and Condition of Premises. Landlord shall construct the Improvements on the Real Property and shall deliver the Premises to Tenant when the Improvements have been completed. Landlord represents, warrants, and covenants that upon delivery to Tenant, except for any condition owing to the act or negligence of Tenant, the Improvements will be completed in a good and workmanlike manner and in compliance with applicable laws, rules and regulation.
Delivery and Condition of Premises. Landlord agrees that it will use reasonable efforts to cause construction of the Premises to be completed in the manner and utilizing materials similar to those described in the agreed Space Plan. If Landlord shall be unable to give possession of the Premises on the Rent Commencement Date by reason of the fact that the construction of the Initial Improvements is not substantially completed, Landlord shall not be subject to any liability for failure to give possession on said date. Under such circumstances, the rent payable pursuant to Paragraph 2 of this Lease shall be abated and shall not commence until Initial Improvements are substantially completed. No such failure to give possession on the Rent Commencement Date shall affect the validity of this Lease or the obligations of Tenant extended hereunder, and in no event shall the Term be extended beyond the Lease Termination Date. Notwithstanding the foregoing, in the event that Tenant fails to meet any deadline set forth for approval or other performance by Tenant in agreed space plan, then the obligation of Landlord to cause construction of the Premises to be completed shall be extended, on a day-for-day basis, for each day by which Tenant has failed to meet any such deadline, and the obligation to pay rent pursuant to Paragraph 2 of this Lease shall commence on the Rent Commencement Date, regardless of whether construction of the Initial Improvements is substantially completed.
Delivery and Condition of Premises. Landlord agrees that it will use best efforts to cause construction of the Premises to be completed in the manner and utilizing materials similar to those described in the mutually agreed space plan. If Landlord shall be unable to give possession of the Premises on the Rent Commencement Date by reason of the fact that the construction of the Initial Improvements is not substantially completed, Landlord shall not be subject to any liability for failure to give possession on said date. Under such circumstances, the rent payable pursuant to Paragraph 2 of this Lease shall be abated and shall not commence until Initial Improvements are substantially completed. No such failure to give possession on the Rent Commencement Date shall affect the validity of this Lease or the obligations of Tenant extended hereunder, and in no event shall the Term be extended beyond the Lease Termination Date. Notwithstanding the foregoing, Tenant shall have fourteen (14) days prior to Lease Commencement for installation of furniture, fixtures and equipment.
Delivery and Condition of Premises. Landlord shall construct the Improvements on the Real Property and shall deliver the Premises toTenant when the Improvements have been completed to the specifications contained in Exhibit A, attached
Delivery and Condition of Premises. Subtenant agrees to accept the Premises from Sublandlord in their as-is condition upon delivery from Landlord pursuant to the terms of the Prime Lease, subject to the Integrated Punchlist (as defined in, and to be completed by Landlord in accordance with the terms of, the Development Agreement). Sublandlord shall have no obligation to improve the Premises in any manner. To the extent that any amounts are due to Landlord (and not included in Annual Base Rent) in connection with the Leasehold Improvements installed by Landlord in the Premises pursuant to the Prime Lease or the Development Agreement, Subtenant shall pay all such amounts to Sublandlord within ten (10) days following presentation of an invoice therefor. In addition, Subtenant shall pay to Sublandlord, on the Lease Commencement Date, a one-time charge equal to $115,459 for its pro rata share (calculated based upon the anticipated completion of the third building being built by Landlord on behalf of Sublandlord) of the costs to date for the design and construction of the telecommunications ductbank connecting the telecommunications systems among the Premises and the buildings located at 21829, 21700 and 21830 Xxxxxxxx Xxxxxxxxx, Xxxxxx, Xxxxxxxx. Xxon completion of the third building being built by Landlord on behalf of Sublandlord located at 21830 Xxxxxxxx Xxxxxxxxx, Xxxxxx, Xxxxxxxx, Xxbtenant shall pay to Sublandlord an additional amount equal to 26.36% of the cost to complete construction of such ductbank (without any additional upgrades thereto without Subtenant's written approval) after the Lease Commencement Date to connect telecommunications systems with the building at 21830 Xxxxxxxx Xxxxxxxxx, Xxxxxx, Xxxxxxxx.
Delivery and Condition of Premises. A. Subject to and upon the terms herein set forth, Landlord leases to Tenant and Tenant leases from Landlord the Premises on an “as is” basis (except as otherwise expressly set forth herein, including Landlord’s obligation to perform Landlord’s Base Building Work described on Exhibit C-1 hereto). Landlord represents and warrants that the Landlord’s Work shall comply with the Americans With Disabilities Act, and to Landlord’s knowledge the Premises are in compliance with all environmental laws. Landlord shall indemnify, defend, protect and hold harmless Tenant against any loss, cost or damage suffered by Tenant caused by a breach of the foregoing representation or the presence of any hazardous materials contained in the Premises in violation of any environmental law present at the time the Premises are first turned over to Tenant for performance of the Initial Tenant Work. By taking possession of the Premises, Tenant is deemed to have accepted the Premises and agreed that, except for latent defects or conditions of which Tenant notifies Landlord in writing within one hundred twenty (120) days after Tenant commences Initial Tenant Work, the Premises are in good order and satisfactory condition for Tenant’s construction of the Initial Tenant Work (as defined in the Workletter), with no representation or warranty by Landlord as to the condition of the Premises or the Building or suitability thereof for Tenant’s use.
