Delivery of Demised Premises. 3.1 Except to the extent modified by Landlord's express assumption of construction obligations, if any, in EXHIBIT "B" attached to this lease, the Demised Premises is being leased "AS IS," with Tenant accepting all defects, if any; and Landlord makes no warranty of any kind, express or implied, with respect to the Demised Premises (without limitation, Landlord makes no warranty as the habitability, fitness or suitability of the Demised Premises for a particular purpose nor as to the absence of any toxic or otherwise hazardous substances). This
Section 3.1 is subject to any contrary requirements under applicable law; however, in this regard Tenant acknowledges that it has been given the opportunity to inspect the Demised Premises and to have qualified experts inspect the Demised Premises prior to the execution of this lease.
3.2 Notwithstanding the foregoing, Landlord warrants for a period of ninety (90) days following the Commencement Date that the roof, mechanical, electrical and plumbing systems serving the Demised Premises shall be in proper working order. Landlord shall repair any defective or malfunctioning component of the foregoing building systems about which Landlord has received written notice from Tenant describing the failure or malfunction within ninety (90) days of the Commencement Date.
3.3 Notwithstanding anything to the contrary in this Lease, Tenant may, prior to the Commencement Date, enter the Demised Premises for the purpose of installing telephones, electronic communication or related equipment, fixtures, furniture and equipment, provided that Tenant shall be solely responsible for any of such equipment, fixtures, furniture or material and for any loss or damage thereto from any cause whatsoever, excluding only the gross negligence or willful misconduct of Landlord. Such early access to the Demised Premises and such installation shall be permitted only to the extent that Landlord determines that such early access and installation activities will not delay Landlord's completion of the Landlord Improvements. Landlord and Tenant shall cooperate in the scheduling of Tenant's early access to the Demised Premises and of Tenant's installation activities. The provisions of Articles 15, 16 and 21 below shall expressly apply in full during the period of any such early entry, and Tenant shall (i) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasona...
Delivery of Demised Premises. Upon the expiration or termination of this Master Lease from whatsoever cause with respect to any or all of the Demised Premises or a portion thereof, including without limitation any termination under Section 1.6, 1.7 or 1.8, with respect to casualty or Condemnation, or as a result of any Event of Default, Tenant shall surrender and deliver the affected Demised Premises to Landlord, together with all Alterations which are Landlord’s property under this Master Lease, (a) vacant and free from all occupants and tenancies, including without limitation all Subleases, (b) broom-clean and in proper order and condition of repair as required by the other provisions of this Master Lease, reasonable wear and tear excepted, (c) in compliance with all Legal Requirements, Encumbrances and all other requirements of this Master Lease, (d) with all Tenant’s Property removed and all Alterations removed which Tenant is entitled to remove and has elected to remove in its sole discretion (and the Demised Premises completely restored with respect to all of the removed Alterations), (e) with all Known Environmental Problems remediated only as and to the extent expressly provided in Schedule 20.3 to the Side Letter, and otherwise subject to Section 20.3(b) including with respect to all SACs in respect of such Known Environmental Problems, with all hydraulic lifts and pits, waste-handling equipment, oil-water separators and all other machinery, facilities and equipment for SAC operations removed, whether located at the SACs or elsewhere on or about the Demised Premises as and to the extent required by Environmental Law, and (f) free and clear of all Encumbrances, other than (x) Permitted Encumbrances (except for (A) Excepted Liens and (B) Subleases, the Sears Hometown License Agreement, and the Lands’ End Agreements), and (y) Permitted Encumbrances (excluding Excepted Liens, except in the case of a Master Lease termination with respect to the Recapture Space in which the Master Lease continues with respect to the Tenant Retained Space, in which case Excepted Liens shall be permitted so long as Security for Excepted Liens is provided to Landlord) and Landlord Encumbrances (provided, however, that Tenant shall remain liable for the payment and discharge of all Excepted Liens). Notwithstanding the foregoing, in the event of a Master Lease termination as a result of casualty or Condemnation, the foregoing provisions with respect to Alterations, and subparagraph (b), shall not apply t...
Delivery of Demised Premises. Landlord shall deliver the Demised Premises to Tenant in its current “As-Is” condition upon full execution of this Lease.
Delivery of Demised Premises. (A) Supplementing Article 21, the demised premises shall be leased to Tenant with all existing improvements therein demolished in a Building standard manner and otherwise in their "as is" condition on the date of delivery and Landlord shall not be required to perform any work (other than such demolition) to prepare the demised premises for Xxxxxx's occupancy. The taking of possession of the demised premises by Tenant shall be conclusive evidence as against Tenant that, at the time such possession was so taken, the demised premises and the Building were in good and satisfactory condition. Landlord shall deliver to Tenant, no later than the date on which it delivers possession of the demised premises, a Form ACP-5 with respect to the demised premises. The date of delivery of the demised premises and the Form ACP-5 to Tenant as above provided is herein called the "Commencement Date." Landlord anticipates that the Commencement Date will occur between July 15 and August 15, 1998.
(B) If (1) Landlord fails to deliver the demised premises as above provided by August 15, 1998, or (ii) Landlord fails to deliver the Form ACP-5 by August 15, 1998 and Tenant is thereby delayed in commencing its improvements in the premises, then Landlord shall pay to Tenant, as Xxxxxx's sole remedy, the amount of $466.00 for each day of delay after August 15, 1998 in the delivery of the premises or day of delay in the commencement of Tenant's improvements caused by the late delivery of the Form ACP5, as the case may be. Moreover, if Landlord fails to deliver the premises and the Form ACP-5 as above provided by November 15, 1998, Tenant shall have the option (as Tenant's sole remedy except to the extent set forth in the preceding sentence) to cancel this lease by delivering notice to that effect to Landlord no later than November 30, 1998, as to which time is of the essence, in which event Landlord shall return any amounts theretofore paid by Xxxxxx and neither party shall have any further rights or obligations pursuant hereto.
Delivery of Demised Premises. 2 ARTICLE 4. RENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Delivery of Demised Premises. If the Landlord shall be unable to give possession of the Demised Premises within nine (9) months of receiving the building permit from the City of Melbourne, exclusive of Excusable Delays ("Completion Date") or because a certificate of occupancy has not been procured, Landlord shall not be subject to any liability for such inability to give possession under such circumstances. The payment of rent shall not commence until the Commencement Date. The failure to give possession on the Completion Date shall not affect the validity of this Lease or the obligations of Tenant hereunder or extend the Demised Terms, provided, however, in the event Landlord is unable to give possession on or before the tenth (10th) month after receiving the building permit from the township (exclusive of Excusable Delays), then Tenant shall have the option of declaring the Lease terminated by giving Landlord written notification thereof, by registered mail, within two (2) weeks of the first day of said tenth (10th) month.
Delivery of Demised Premises. 2 ARTICLE 4. RENT........................................................... 2 ARTICLE 5.
Delivery of Demised Premises. Landlord agrees to complete the work described in Exhibit C (the “Landlord’s Work”). Landlord shall deliver to Tenant, and Tenant agrees to accept from Landlord, possession of the Demised Premises in the condition described in Exhibit C as the “Pre-Delivery Condition” (such date referred to as the “Delivery Date”). Landlord and Tenant acknowledge that the date set forth in Section 1.1(f) as the estimated Delivery Date and the date set forth in Section 1.1(h) as the Lease Commencement Date are target dates only, and that the actual Delivery Date and Lease Commencement Date shall be later to occur of June 1, 2014, or the date on which the Demised Premises is in Pre-Delivery Condition.
Delivery of Demised Premises. Lessee warrants it has inspected the Demised Premises and accepts possession of the Demised Premises, to include any existing Improvements thereon, in its “as-is” and “where-is” present condition, and subject to all limitations imposed upon the use thereof by the rules and regulations of the Federal Aviation Administration, Virginia Department of Aviation and by ordinances of the City, and admits its suitableness and sufficiency for the Permitted Use hereunder.
Delivery of Demised Premises. Lessor shall deliver to Lessee physical possession of the demised premises on . Tenant shall deliver to Lessor physical possession of the demised premises upon the termination of this Lease Agreement in the same condition and state of repair as when Xxxxxx took possession of the same, ordinary wear and tear and acts of God excepted.
