Existing Improvements. All improvements located on the Site as of the date of execution of the Construction Contract, whether above or below the surface of the ground, including but not limited to existing buildings, utilities, infrastructure improvements and other facilities.
Existing Improvements. The existing Improvements, if any, were constructed, and are being used and maintained, in accordance with all applicable Laws, including zoning Laws.
Existing Improvements. To Grantor’s knowledge and belief, the existing Improvements, if any, were constructed, and are being used and maintained, in accordance with all applicable Laws, including zoning Laws.
Existing Improvements. TxDOT is delivering the Existing Improvements to Developer as is, with all faults, known and unknown, suspected and unsuspected, and without any TxDOT obligation to reconstruct, rehabilitate, renew, replace, renovate, or repair. Beginning on NTP 2, Developer assumes all responsibility and liability associated with Existing Improvements, including inter alia any improvements constructed by TxDOT or by third parties, any impacts upon initial design and construction, and defects affecting operations, maintenance, renewal and replacement requirements. TxDOT does not provide, and hereby expressly disclaims, any and all warranties of any kind, whether express or implied, with respect to the Existing Improvements.
Existing Improvements. To Mortgagor’s knowledge and belief, the existing Improvements, if any, were constructed, and are being used and maintained, in accordance with all applicable Laws, including zoning Laws.
Existing Improvements. 7.14.1 TxDOT hereby provides to Developer a limited warranty of the Existing Improvements on the following terms and conditions:
7.14.1.1 TxDOT warrants that the Existing Improvements shall be free of latent defects in design, materials, equipment and workmanship, as measured from the requirements, criteria, standards and specifications in the relevant contracts under which the Existing Improvements were constructed. A defect shall be considered latent only if it is not known or disclosed to Developer as of the Proposal Due Date and would not normally be discovered upon reasonable inspection and investigation in accordance with Good Industry Practice. This limited warranty does not apply to Work of design and construction performed by any Utility Owner on its own Utilities.
7.14.1.2 This limited warranty is the sole warranty from TxDOT of the Existing Improvements, and all other warranties, express or implied, are hereby disclaimed, including any warranty of suitability or fitness for purpose.
7.14.1.3 TxDOT’s liability under this limited warranty is limited to the direct cost (a) to correct latent defects covered by this warranty and (b) to correct physical loss or harm to the Project resulting from such latent defects, but only to the extent such loss or harm is not insured and not required to be insured under this Agreement (herein, “resulting uninsured physical loss”). TxDOT shall have no other obligation or liability to Developer arising out of or relating to latent defects in the Existing Improvements, including for loss of Toll Revenues and for third party damage, harm, injury, loss, cost or expense.
7.14.1.4 This limited warranty shall expire one year after the Operating Commencement Date for the IH 635/US 75 Interchange.
7.14.1.5 TxDOT shall have no liability under this limited warranty unless it receives from Developer, prior to the expiration date of the warranty, written notice asserting a warranty claim and setting forth the nature and location of the latent defect in reasonable detail.
7.14.1.6 If TxDOT receives any such written notice prior to the expiration date of this limited warranty, then within 30 days of receipt TxDOT and Developer shall mutually agree when and how TxDOT shall correct such latent defect and resulting uninsured physical loss; provided, however, that in case of an emergency or threat to safety requiring immediate corrective action, TxDOT shall implement such action as it deems necessary and shall notify Developer in wri...
Existing Improvements. Improvements which are completely constructed on the date this Declaration is recorded are deemed to satisfy all the requirements hereof.
Existing Improvements. If this Lease pertains to a Premises in which the interior improvements have already been constructed ("EXISTING IMPROVEMENTS"), the provisions of this Paragraph 2.A. shall apply and the term commencement date ("TERM COMMENCEMENT DATE") shall be the earlier of the date on which: (1) Tenant takes possession of some or all of the Premises; or (2) Landlord notifies Tenant that Tenant may occupy the Premises. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the scheduled Term Commencement Date, Landlord shall not be subject to any liability therefor, nor shall Landlord be in default hereunder nor shall such failure affect the validity of this Lease, and Tenant agrees to accept possession of the Premises at such time as Landlord is able to deliver the same, which date shall then be deemed the Term Commencement Date. Tenant shall not be liable for any Rent (defined below) for any period prior to the Term Commencement Date. Tenant acknowledges that Tenant has inspected and accepts the Premises in their present condition, "as is," and as suitable for, the Permitted Use (as defined below), and for Tenant's intended operations in the Premises. Tenant agrees that the Premises and other improvements are in good and satisfactory condition as of when possession was taken. Tenant further acknowledges that no representations as to the condition or repair of the Premises nor promises to alter, remodel or improve the Premises have been made by Landlord or any agents of Landlord unless such are expressly set forth in this Lease. Upon Landlord's request, Tenant shall promptly execute and return to Landlord a "Start-Up Letter" in which Tenant shall agree, among other things, to acceptance of the Premises and to the determination of the Term Commencement Date, in accordance with the terms of this Lease, but Tenant's failure or refusal to do so shall not negate Tenant's acceptance of the Premises or affect determination of the Term Commencement Date.
Existing Improvements. Licensee shall not disturb any improvements of Licensor or Licensor's existing lessees, licensees, easement beneficiaries or lien holders, if any, or interfere with the use, repair, maintenance or replacement of such improvements.
Existing Improvements. The reuse by Tenant of existing improvements, if any, within the Leased Premises shall be as dictated by practicality and Landlord’s existing design criteria and shall be subject to Landlord’s written approval.
