Delivery by Landlord Sample Clauses
Delivery by Landlord. Landlord shall at any time and from time to time, upon not less than fifteen (15) business days’ prior written notice from Tenant, execute, acknowledge and deliver to Tenant and any other parties designated by Tenant, a statement in writing certifying (a) that this Lease is in full force and effect and is unmodified (or, if modified, stating the nature of such modification), (b) the date to which the rental and other charges payable hereunder have been paid in advance, if any, and (c) that there are, to Landlord’s actual knowledge, no uncured defaults on the part of Tenant hereunder (or specifying such defaults if any are claimed), and (d) any additional statement commonly included in a reputable institutional lender’s estoppel certificate in similar transactions. Such statement may be furnished to and relied upon by any prospective sublessee, assignee or encumbrancer of all or any portion of Tenant’s interest in the Premises and shall include any further statement that a good faith sublessee, assignee or encumbrancer would reasonably require. 21. SERVICE CHARGE: Tenant agrees to pay a service charge (“Service Charge”) equal to five percent (5%) per month or any portion thereof of any payment of Rent payable by Tenant hereunder which is not paid within ten (10) days from the date due. 22. BINDING EFFECT: The word “Tenant”, wherever used in this Lease, shall be construed to mean tenants in all cases where there is more than one tenant, and the necessary grammatical changes required to make the provisions hereof apply to corporations, partnerships, limited liability companies, or individuals, men or women, shall in all cases be assumed as though in each case fully expressed. Each provision hereof shall extend to and shall, as the case may require, bind and inure to the benefit of Landlord and Tenant and their respective heirs, legal representatives, successors and assigns, provided that this Lease shall not inure to the benefit of any heir, legal representative, transferee or successor of Tenant except as expressly provided in this Lease.
Delivery by Landlord. On the Lease Commencement Date, following the full execution and delivery of the Lease and this Work Letter by Landlord and Tenant, Landlord shall deliver the Premises to Tenant, and Tenant shall accept the Premises from Landlord "As-Is," subject to all the terms and conditions of the Lease, provided, that Tenant acknowledges that certain work involving the closure of a stairway between the Premises and the floor beneath the Premises will be conducted by Landlord during Tenant's construction in the Premises.
Delivery by Landlord. Landlord shall at any time and from time to time, upon not less than fifteen (15) business days’ prior written notice from Tenant, execute, acknowledge and deliver to Tenant and any other parties designated by Tenant, a statement in writing certifying (a) that this Lease is in full force and effect and is unmodified (or, if modified, stating the nature of such modification), (b) the date to which the rental and other charges payable hereunder have been paid in advance, if any, and (c) that there are, to Landlord’s actual knowledge, no uncured defaults on the part of Tenant hereunder (or specifying such defaults if any are claimed), and (d) any additional statement commonly included in a reputable institutional lender’s estoppel certificate in similar transactions. Such statement may be furnished to and relied upon by any prospective sublessee, assignee or encumbrancer of all or any portion of Tenant’s interest in the Premises and shall include any further statement that a good faith sublessee, assignee or encumbrancer would reasonably require.
Delivery by Landlord. Landlord agrees to deliver the Premises to Tenant upon Substantial Completion (as defined in the Development Agreement by and between Tenant and Landlord dated May 15, 2009 (“Development Agreement”)) of the Improvements and in conformance with the plans and specification described in the Development Agreement (“Plans and Specifications”). Notwithstanding the foregoing, Landlord agrees that Tenant may enter the Premises at any time after the Effective Date for the purpose of preliminary preparatory tasks such as installing phone systems, furniture, racking, telecommunications, and other equipment, and accepting product; provided, however, that any entry onto the Premises by Tenant shall be subject to all applicable Requirements governing Tenant’s right to occupy or perform work in the Premises and all of the terms and provisions of this Lease other than the provision requiring Tenant to pay Base Rent, which shall not be payable for the period prior to the Commencement Date; further provided, however, Tenant agrees not to interfere with the construction of the Improvements to be constructed by Landlord pursuant to the Development Agreement. In the event that Tenant’s activities in the Premises prior to Substantial Completion interfere with Landlord’s construction of the Improvements, Landlord shall deliver written and verbal notice to Tenant and Tenant’s counsel, and such activity, in the event that it meets the other criteria set forth in the Development Agreement, shall constitute a “Home Depot Delay” as more specifically described in the Development Agreement.
