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 the Premises. (a) Landlord shall deliver possession of the Premises to Tenant for the purpose of completing the work described in Paragraph 4(b) hereof on the date of this Lease in compliance with the applicable building code, but otherwise in its "AS IS, WHERE IS" condition, except for Landlord's obligation to complete the work described on Exhibit "C" attached hereto (the "Landlord's Work"), and Landlord's ongoing maintenance and repair obligations set forth in this Lease. If Landlord, for any reason whatsoever, cannot deliver possession of the Premises to Tenant on the date of this Lease, then, at the option of Tenant (1) the Commencement Date and the Expiration Date hereunder shall be postponed for the same period as the delay after the date of this Lease that Landlord is delayed in delivering possession to Tenant, or (2) this Lease shall be void. Tenant must elect which of those two (2) options it wishes to have apply by written notice to Landlord given within one (1) business day after the date of this Lease. If Tenant fails to timely notify Landlord of its election, then the option described in clause (1) shall apply.
(b) Tenant will complete the tenant improvements within the Premises as described in and in accordance with Exhibit "D" (the "Tenant Improvements") in a good and workmanlike manner, in compliance with all certificates, permits, and required approvals, applicable laws, statutes, ordinances, orders, codes, rules and regulators of all federal, state, county, city and local departments and agencies, including, without limitation, the Americans with Disabilities Act of 1990 (as amended) (collectively, the "Legal Requirements") and free of all construction liens and claims. All materials used by Tenant shall be new or like new. Tenant shall be responsible for obtaining all certificates of occupancy for the Premises and Landlord shall reasonably cooperate with Tenant in obtaining any such certificate at no out-of-pocket expense to Landlord.
(c) By taking possession of the Premises on or following the date of this Lease, Tenant shall be deemed to have accepted the Premises as being in good and satisfactory order, condition and repair for the use intended under this Lease, except for the completion of Landlord's Work. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair, excepting damage thereto from fire or other casualty and ordinary wear and tear, condemnation, and from the negligence or mi...
Delivery of the Premises. Control, custody and possession of the Premises shall be delivered by Landlord to Tenant on the Commencement Date. No Rents (as defined in Section 3.1.1) shall accrue or become due under this Lease until Landlord delivers physical possession of the Premises to Tenant.
Delivery of the Premises. At the end of the Term or any renewal thereof or other sooner termination of this Lease, subject to the terms of Paragraphs 7, 21, 22 and 35 and the rights and obligations of the parties concerning casualty damage pursuant to Paragraph 21, Tenant will peaceably deliver to Landlord possession of the Premises, together with all improvements or additions upon or belonging to Landlord (including without limitation the Charging Stations (as defined in Paragraph 45), if any, and the Security System (as defined in Paragraph 44) and Bike Racks (as defined in Paragraph 46), if applicable), by whomsoever made with all components of the Premises in good working order and maintained with any necessary repairs completed in the reasonable opinion of Landlord or Landlord’s contractor. All space in the Premises shall be clean and well-maintained with walls freshly painted as necessary (or touched up, if acceptable to Landlord in its reasonable discretion), and carpet shampooed and presentable for re-leasing. Any damaged or unpresentable carpet shall be replaced. All window coverings shall be cleaned and any damaged coverings repaired or replaced. Any damaged ceiling tiles shall be replaced and all light fixtures shall be fully operational and clean. All doors shall be presentable and damaged doors repaired or replaced. The interior of all windows shall be washed and all interior partition glass shall be cleaned. If Tenant is obligated to remove or restore any Tenant Improvements or Alterations upon termination or expiration of the Lease pursuant to Paragraph 7(d), the Work Letter, or other provisions of this Lease, the affected area will be returned to Landlord in the form of open office space in the condition described above or in a condition otherwise approved by Landlord in its sole discretion. Tenant may, upon the termination of this Lease, remove all Trade Fixtures, and all movable furniture and equipment belonging to Tenant, at Tenant’s sole cost, provided that Tenant repairs any damage caused by such removal. Property not so removed by the Expiration Date (or in the event of an earlier termination, within five (5) days of such earlier termination date) shall be deemed abandoned by Tenant regardless of its value, and title to the same shall thereupon pass to Landlord without any cost to Landlord, and Landlord shall have the right to remove and dispose of all or any portion of such property, fixtures or equipment after the expiration or earlier termination of this Le...
Delivery of the Premises. Tenant acknowledges that Tenant has thoroughly examined the Premises. Upon the full execution and delivery of this Lease by Landlord and Tenant, Landlord shall deliver the Premises and Tenant shall accept the Premises from Landlord in their presently existing, “as-is” condition as of the date of this Lease, except as otherwise expressly provided in the Lease.
Delivery of the Premises. The Work shall be deemed to be substantially complete on the later of (i) the date the Work is sufficiently complete in accordance with the Approved Working Drawings so that Tenant may occupy the Premises, subject to any punch list items and (ii) the date Landlord receives a certificate of occupancy or its equivalent from the appropriate governmental authority. Prior to delivery of the Premises, Landlord shall contact Tenant and schedule a joint walk-through inspection within three (3) days of such contact in order for Tenant to identify any items of a “punch list” nature that remain to be completed. If Tenant fails to participate in a walk-through, then Landlord shall have no obligation to perform any punch list, and Tenant shall be deemed conclusively to have agreed that the Work is substantially completed for purposes hereof. If there is any disagreement concerning whether Landlord has substantially completed the Work, Landlord may request a good faith decision by the architect which shall be final and binding on the parties.
Delivery of the Premises. The Work shall be deemed to be substantially complete on the later of (i) the date the Work is sufficiently complete in accordance with the Approved Working Drawings so that Tenant may occupy the Premises, subject to any punch list [****] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. items and (ii) the date Landlord receives a certificate of occupancy or its equivalent from the appropriate governmental authority. Prior to delivery of the Premises, Landlord shall contact Tenant and schedule a joint walk-through inspection within three (3) days of such contact in order for Tenant to identify any items of a “punch list” nature that remain to be completed. If Tenant fails to participate in a walk-through, then Landlord shall have no obligation to perform any punch list, and Tenant shall be deemed conclusively to have agreed that the Work is substantially completed for purposes hereof. If there is any disagreement concerning whether Landlord has substantially completed the Work, Landlord may request a good faith decision by the architect which shall be final and binding on the parties.
Delivery of the Premises. 7 13. Environmental . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 14. Title III of the Americans with Disabilities Act . . . . . . . . . . . . . . . . . . . . . . . . . . 7 15.
Delivery of the Premises. On the Closing Date, Tenant shall deliver to Landlord possession of the Premises. Upon surrender, the Premises shall be broom-clean (i.e., free of debris and rubbish), and in a safe condition, and in such other condition that is acceptable to Buyer.
Delivery of the Premises. Tenant acknowledges and agrees the Premises are delivered by Landlord and accepted by Tenant in its present “AS IS, WHERE IS, WITH ALL FAULTS” condition as of the Commencement Date. Tenant acknowledges that it has been provided access and ample opportunity to inspect the Premises and its existing condition, improvements and systems and, except as expressly provided otherwise in this Lease, is not relying upon any warranty or representation of Landlord or its agents regarding the condition, adequacy or suitability of the same for Tenant’s intended purpose, LANDLORD HEREBY EXPRESSLY DISCLAIMING
