DELIVERY OF THE DEMISED PREMISES Sample Clauses

DELIVERY OF THE DEMISED PREMISES. (a) Except as otherwise set forth in this lease, Tenant hereby accepts possession of the demised premises broom-clean and otherwise in their "as is" condition and free of any other tenants and personal property, Tenant acknowledging that the demised premises and the Building are in good and satisfactory condition as of the date hereof and that Owner shall not be obligated to perform any work whatsoever to prepare them for Tenant, except as otherwise set forth in this lease. (b) Tenant waives any right to rescind this lease under Section 223(a) of the Real Property Law of the State of New York and further waives any damages which may result from any delay in delivery of possession of the demised premises. (c) Tenant acknowledges that the existing sprinkler system in the demised premises may not comply with existing applicable legal requirements. Tenant agrees to accept possession of the demised premises irrespective of such non-compliance and shall, in connection with the Tenant's Work, install a sprinkler system which shall comply with all applicable legal requirements. Owner shall pay to Tenant, promptly upon request therefore and upon completion of Tenant's Work (including the completion of the installation of the sprinkler system), the sum of $2,000.00.
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DELIVERY OF THE DEMISED PREMISES. 5.1. Subject to there being no delay attributable to Force Majeure or Lessee Delays, the Lessor shall handover the Demised Premises to the Lessee on or before the Target Handover Date in the Handover Condition. 5.2. Subject to there being no delay attributable to Force Majeure or Lessee Delays, the Lessor shall Substantially Complete the Lessor’s Work at the Demised Premises on or before the Target Completion Date. Upon Substantial Completion of Lessor's Work, the Lessor shall require the Lessor’s Architect and the contractors to execute and deliver, for the benefit of the Lessee and the Lessor, a certificate of Substantial Completion of Lessor’s work as per the agreed Specifications. 5.3. On the date of the Lessor’s Architect confirming that the Lessor’s Work at the Demised Premises has been Substantially Completed, the Lessor and Lessee will jointly inspect the Demised Premises and agree on a list of snag items that are still required to be completed at the Demised Premises. The Lessor shall thereafter, within a period of 60 (sixty) days from the date of such written list, complete the snag items at the Demised Premises and the completion of such snag items will be certified by the Lessor’s Architect. 5.4. Where the Lessor fails to handover the Demised Premises in Handover Condition on or before the Target Handover Date, such delay not being attributable to a Force Majeure event or to a Lessee Delay, the Lessor shall be entitled to a grace period of 30 (thirty) days from the Target Handover Date (“Grace Period”). After the Grace Period, the Lessee shall be entitled to waiver of the Rent for a period of 1 (one) day for every 2 (two) days’ delay after the expiry of the Grace Period until Handover Date. It is clarified that the Lessee shall not be entitled to any penalties in terms of this Clause 5.4 if any delay in achieving Target Handover Date is due to Force Majeure or Lessee Delays. For avoidance of doubt, subject to waiver of Rent for Lessor’s delays as set out above, where delay in handover of the Demised Premises in the Handover Condition is due to the Lessee Delay, the Rent Commencement Date shall be determined based on the date on which the Lessor would have otherwise handed over the Demised Premises in Handover Condition to the Lessee had there been no Lessee Delay. 5.5. Prior to the Handover Date, the Parties shall jointly inspect the Demised Premises and record the measurements. All amounts payable in respect of the proposed lease as detailed i...
Sample 1
DELIVERY OF THE DEMISED PREMISES. On the effective date of this Sublease, Landlord shall deliver 75 % of the Demised Premises. The entire Demised Premises shall be delivered on January 1, 1999. The Demised Premises shall be in broom clean condition and subject to Section 21, the Demised Premises shall contain mechanical and heating systems, roof, electrical, lighting, loading dock doors, seals, levelers, sprinkler system and plumbing systems in current good working order.
Sample 1
DELIVERY OF THE DEMISED PREMISES. Sublessor shall deliver the Demised Premises to Sublessee by the Commencement Date free of Sublessor's personal property, except as specifically provided for herein, and in a "broom clean" condition. Sublessee shall have access to the Demised Premises upon mutual execution of the Sublease Agreement and Lessors consent of the Sublease Agreement to begin moving small items into the Demised Premises provided Sublessee does not interfere with Sublessor's move-out. All provisions of this Sublease Agreement (including, but not limited to all insurance and indemnification provisions) shall be in full force and effect as of the date of Lessor's consent. Should term commence later than January 31, 2000 for reasons within Sublessors sole control, Sublessor agrees to credit Sublessee's rent by 150% per day of delay to be applied upon commencement of term.
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DELIVERY OF THE DEMISED PREMISES 
Sample 1

Related to DELIVERY OF THE DEMISED PREMISES

  • Delivery of the Premises When Landlord’s Work is Substantially Complete, subject to the remaining terms and provisions of this Section 3(e), Tenant shall accept the Premises. Tenant’s taking possession and acceptance of the Premises shall not constitute a waiver of: (i) any warranty with respect to workmanship (including installation of equipment) or material (exclusive of equipment provided directly by manufacturers), (ii) any non-compliance of Landlord’s Work with applicable Legal Requirements, or (iii) any claim that Landlord’s Work was not completed substantially in accordance with the TI Construction Drawings (subject to Minor Variations and such other changes as are permitted hereunder) (collectively, a “Construction Defect”). Tenant shall have one year after Substantial Completion within which to notify Landlord of any such Construction Defect discovered by Tenant, and Landlord shall use reasonable efforts to remedy or cause the responsible contractor to remedy any such Construction Defect within 30 days thereafter. Notwithstanding the foregoing, Landlord shall not be in default under the Lease if the applicable contractor, despite Landlord’s reasonable efforts, fails to remedy such Construction Defect within such 30-day period, in which case Landlord shall have no further obligation with respect to such Construction Defect other than to cooperate, at no cost to Landlord, with Tenant should Tenant elect to pursue a claim against such contractor. Tenant shall be entitled to receive the benefit of all construction warranties and manufacturer’s equipment warranties relating to equipment installed in the Premises. If requested by Tenant, Landlord shall attempt to obtain extended warranties from manufacturers and suppliers of such equipment, but the cost of any such extended warranties shall be borne solely out of the TI Fund. Landlord shall promptly undertake and complete, or cause to be completed, all punch list items.

  • Delivery of Premises If the Landlord shall be unable to give possession of the Premises, exclusively the Suite 200 Premises and the Suite 246 Premises, on the Fourth Expansion Premises Commencement Date by reason of (i) the Landlord work is not substantially complete, (ii) the holding over or retention of possession of any tenant, tenants or occupants, or (iii) for any other reason, then Landlord shall not be subject to any liability for the failure to give possession on said date. Under such circumstances the Base Rent to be paid herein shall not commence until the Premises (exclusively the Suite 200 Premises and the Suite 246 Premises) are made available to Tenant by Landlord, and no such failure to give possession on the Fourth Expansion Premises Commencement Date shall affect the validity of this Sixth Amendment to Office Building Lease or the obligations of the Tenant hereunder. The Base Rents due hereunder will be adjusted at the time that any or all of the Fourth Expansion Premises are delivered to Tenant substantially complete to reflect the same underlying effective rent of the rent structure specific to each suite with the lease expiration dates to remain unchanged. Notwithstanding the foregoing, if the Fourth Expansion Premises Commencement Date for the Suite 200 Premises together with the Suite 246 Premises has not occurred within ninety (90) days after the Fourth Expansion Premises Commencement Date, the Tenant, by written notice to the Landlord given within ten (10) days after the expiration of such ninety (90) day period, may terminate the Sixth Amendment to Office Building Lease without any liability to the Landlord. Separately, if the Fourth Expansion Premises Commencement Date-Suite 240 Premises has not occurred within ninety (90) days after the Fourth Expansion Premises Commencement Date-Suite 240 Premises, the Tenant, by written notice to the Landlord given within ten (10) days after the expiration of such ninety (90) day period, may terminate the terms of lease for the Suite 240 Premises in the Sixth Amendment to Office Building Lease for the Suite 240 Premises not delivered in said time frame without any liability to the Landlord. If Landlord’s failure to complete Tenant’s improvements within ninety (90) days after the Fourth Expansion Premises Commencement Date and/or Fourth Expansion Premises Commencement Date-Suite 240 Premises is result of Tenant Delay, Tenant shall not have the option to terminate the Sixth Amendment to Office Building Lease or the terms of lease for the Suite 240 Premises in the Sixth Amendment to Office Building Lease.

  • Delivery of the Property The Fund will deliver or arrange for delivery to PFPC Trust, all the Property owned by the Portfolios, including cash received as a result of the distribution of Shares, during the term of this Agreement. PFPC Trust will not be responsible for such property until actual receipt.

  • Demised Premises 2.01. Landlord leases to Tenant and Tenant leases from Landlord certain office space (hereinafter called the "Demised Premises") in a nine-story office building currently being renovated (the "Building") situated on certain land more particularly described by metes and bounds in Exhibit A attached hereto (the "Land") leased by Landlord at 0000 Xxx Xxxxx Xxxx in Raleigh, North Carolina. The Demised Premises consists of the square feet of rentable area in the Building disclosed on Schedule I attached to this Lease and made a part hereof (hereinafter called "Schedule I"), all of said space being shown on Exhibit B attached hereto. All calculations of the rentable area of the Demised Premises and the Building shall be made in accordance with the BOMA Standard of Measuring Floor Area of Office Buildings (reprinted in August, 1990). Rentable square feet for any tenant space which constitutes all of the available office space on any floor in the Building shall be as set forth in Exhibit X-x attached hereto. Landlord, at its expense, shall provide Tenant with the Base Building items set forth on Exhibit C-l 2.02. The Demised Premises consist of the unfinished interior office space in the Building. Landlord, at its expense, shall provide Tenant with the "Base Building" items set forth on Exhibit C-l. Landlord, at Tenant's cost, shall also install the items and perform the work (collectively "upfitting") specified in the plans and upfitting requirements set forth in Exhibit C; however, Landlord shall provide Tenant with an upfitting allowance to subsidize Tenant's upfitting cost as specified in Schedule I. All work shall be performed in accordance with the provisions of Article XVI 2.03. Prior to occupancy of the Demised Premises by the Tenant, Landlord and Tenant shall enter into a supplement of this Lease in the forth attached hereto as Exhibit D setting forth the exact measurements of the Demised Premises calculated as provided hereinabove, the Commencement Date and Expiration Date of the term of this Lease as provided in Article IV and the exact amount of the Annual Minimum Rent (hereinafter defined) and monthly installments of minimum rent required in accordance with Article V herein, with such terms, conditions and provisions being consistent with the terms set forth in this Lease as of the date hereof. 2.04. Exhibits A, B, X-x, C, X-x and D and Schedule I mentioned above and Exhibit E mentioned hereafter are attached hereto and incorporated herein by this reference.

  • The Premises Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit A attached hereto. The outline of the “Building” and the “Project,” as those terms are defined in Section 1.1.2 below, are further depicted on the Site Plan attached hereto as Exhibit A. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below, and that the square footage of the Premises shall be as set forth in Section 2.1 of the Summary of Basic Lease Information. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B (the “Tenant Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Xxxxxx also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Xxxxxx’s business, except as specifically set forth in this Lease and the Tenant Work Letter. For purposes of Section 1938 of the California Civil Code, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that the Building and Premises have not undergone inspection by a Certified Access Specialist (CASp). Landlord shall deliver the Premises to Tenant in good, vacant, broom clean condition, in compliance with all laws, with the roof water-tight and shall cause the plumbing, electrical systems, fire sprinkler system, lighting, and all other building systems serving the Premises in good operating condition and repair on or before the Lease Commencement Date, or such earlier date as Landlord and Tenant mutually agree. Landlord will be responsible for causing the exterior of the Building, the existing Building entrances, and all exterior Common Areas (including required striping and handicapped spaces in the parking areas) to be in compliance with ADA and parking requirements, to the extent required to allow the legal occupancy of the Premises or completion of the Tenant Improvements.

  • Subleased Premises Sublandlord hereby subleases to Subtenant and Subtenant hereby subleases from Sublandlord for the term, at the rental, and upon all of the conditions set forth herein, the Subleased Premises.

  • Leased Premises Lessor hereby leases to Lessee, and Lessee leases and takes from Lessor, the Leased Premises subject to the conditions of this Lease.

  • Inspection of Premises Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation of the Premises or the building. Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty-five (45) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, that do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premises.

  • Condition of Subleased Premises (a) Subtenant shall maintain and repair the Subleased Premises in a manner consistent with Sublandlord’s obligations under the Lease. Sublandlord shall have the right to enter the Subleased Premises from time to time upon reasonable prior notice to Subtenant, during normal business hours and escorted by Subtenant (if Subtenant makes such escort reasonably available). Sublandlord’s right of entry shall include the right of inspection to confirm that Subtenant is in compliance with all applicable maintenance and repair obligations set forth in the Lease. In the event that Sublandlord determines, in Sublandlord’s reasonable opinion, that Subtenant is in default of any maintenance and/or repair obligation set forth in the Lease, and such default may incur liability to Sublandlord upon the surrender of the Subleased Premises upon the expiration or earlier termination of the Lease (a “Required Repair Item”), then Sublandlord shall have the right to notify Subtenant of any such Required Repair Items. Subtenant shall be obligated to cure such Required Repair Items within thirty (30) days of such notice from Sublandlord, or, if such Required Repair Items cannot be reasonably completed in such thirty (30) day period, such longer period as reasonably necessary to cure such Required Repair Items, so long as Subtenant has commenced such cure and diligently pursues such cure to completion. In no event shall Sublandlord’s rights hereunder impose any additional and/or greater repair or maintenance standards from those set forth in the Lease. In the event Subtenant fails to cure such Required Repair Items as set forth above, then such failure shall be deemed a default under this Sublease, entitling Sublandlord to exercise any of its rights and remedies herein, including, without limitation, the self help rights set forth in Section 6(b) above. (b) Upon the expiration or earlier termination of this Sublease, Subtenant shall (i) return the Subleased Premises to Sublandlord in the condition required by the Lease, normal wear and tear and damage by casualty or condemnation excepted, and (ii) in accordance with the terms of the Lease, remove all personal property and equipment (other than fixtures but including trade fixtures) from the Subleased Premises required to be removed from the Subleased Premises in accordance with the Lease. Upon such expiration, Sublandlord and Subtenant shall schedule a walk-through of the Subleased Premises to determine whether Subtenant has complied with its obligation to surrender as set forth above. Sublandlord shall notify Subtenant of any perceived noncompliance at the time of the walk-through, or Sublandlord shall be estopped from attempting to charge Subtenant for the same at a later date. Sublandlord may forthwith re-enter the Subleased Premises following notice to Subtenant and repossess itself thereof and remove all persons and effects therefrom, using such force as may be reasonably necessary without being guilty of forcible entry, detainer, trespass or other tort. Subtenant’s obligation to observe or perform these covenants shall survive the expiration or other termination of the Sublease Term.

  • Storage Space (a) In addition to the Premises defined in Section 1.2 above, Landlord desires to lease to Tenant and Tenant desires to lease from Landlord additional space comprising approximately Five Hundred Fifty-Nine (559) rentable square feet of below grade space in the Building as shown on Exhibit A-3 attached hereto (hereinafter referred to as the "Storage Space"), on the all of the terms and conditions of the Lease applicable to the Premises except as specifically set forth in this Paragraph 13. (b) Tenant shall pay to Landlord Ten and No/100 Dollars ($10.00) per rentable square foot of space in the Storage Space with respect to the Storage Space throughout the Term of the Lease. Such monthly installments of storage rent shall hereinafter be referred to as "Monthly Storage Space Rent". The Monthly Storage Space Rent will constitute Additional Rent (as defined in the Lease) and shall be due and payable, without deduction or set off, on the first (1st) day of each calendar month during the Term of the Lease commencing January 1, 2005. Tenant's obligation to pay Monthly Storage Space Rent hereunder shall be abated from the period commencing on the Commencement Date and continuing until December 31, 2004. No other amounts other than Monthly Storage Space Rent shall be abated except as expressly provided elsewhere in the Lease. If Tenant defaults under the Lease after the expiration of any applicable notice and cure period prior to January 1, 2005, then Tenant shall no longer be entitled to any further abatement of Monthly Storage Space Rent. Monthly Storage Space Rent for any period during the term hereof which is for less than one (1) month shall be prorated based upon the actual number of days of the calendar month involved. (c) Notwithstanding anything to the contrary contained in the Lease or herein, (i) the Base Rent payable with respect to the Premises set forth in Section 1.8 of the Lease shall not be applicable to the Storage Space; (ii) Monthly Storage Space Rent payable with respect to the Storage Space shall not be subject to annual escalations; (iii) neither Operating Expense increases as set forth in Section 5 of the Lease nor the Electric Energy Charge as set forth in Section 11.6 of the Lease shall be payable with respect to the Storage Space. (d) Tenant shall use the Premises solely for storage of office supplies, files, UPS battery packs and product samples and for no other purposes whatsoever. (e) All property placed in the Storage Space by Tenant, its agents, or any other persons, shall be and remain at the sole risk of Tenant, its agents or other persons. Landlord shall not be liable for any damage to, or theft or loss of, such property, whether or not caused by the act or omission of any person, including Landlord or its agent, or by the bursting, leaking or overflowing of water, sewer or sprinkler pipes, plumbing fixtures, or any other act or thing, unless such damage to, or theft or loss of, such property results directly from the negligence or willful misconduct of Landlord and then only to the extent that Tenant, its agents or any other persons, are not compensated therefor by Tenant's insurance. In no event shall Landlord or its agent be liable for consequential damages. (f) Landlord shall deliver the Storage Space with full height walls, sprinklers, appropriate lighting and a secure locked door. Except as specifically provided herein, Tenant hereby agrees to accept the Storage Space in its "as is" condition existing on the Commencement Date and Landlord shall have no obligation to construct any tenant improvements to the Storage Space on behalf of Tenant. Tenant is not entitled to any improvement allowance pursuant to the terms of the Lease. Landlord will not provide heat, air conditioning, water, char service or any other utility or service to the Premises and the provisions of Section 11 of the Lease shall not apply to the Storage Space. (g) Notwithstanding any provision herein or in the Lease to the contrary, the Storage Space shall not be counted in connection with, or applied to, the calculation of Tenant's Share set forth in Section 1.11 of the Lease nor the calculation of the number of parking spaces Landlord shall allocate to Tenant pursuant to Section 1.13

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