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. Landlord, at its sole cost and expense, shall have the right to remove from the Demised Premises any existing leasehold improvements that Tenant does not intend to reuse in its renovation of the Demised Premises as part of Tenant’s Work. Upon its review of the Working Drawings prepared by Tenant’s design consultants as called for in the Lease, Landlord shall indicate, through a schedule and marked drawing, which of the existing improvements not shown as being reused in the Demised Premises Landlord wishes to remove. Tenant shall review the schedule and marked drawing for approval of the existing leasehold improvements to be removed by Landlord. Landlord shall remove said improvements from the Demised Premises in a manner so as not to interfere with Tenant’s Work or cause any damage or delay to Tenant’s Work. Any damage to Tenant’s Work caused by Landlord, its employees, agents or invitees shall be promptly repaired by and at the sole cost and expense of Landlord. If Landlord delays the Tenant’s Work, as reasonably determined by the Landlord and Tenant, then Tenant shall receive the Rent Credit specified above for each day of delay. THIS CERTIFICATE OF DELIVERY OF POSSESSION AND COMMENCEMENT DATE OF LEASE, made on this ___day of ___, 2002 (herein after referred to as the “Certificate”), between WESTPHALIA CENTER II LIMITED PARTNERSHIP, a Maryland limited partnership (hereinafter referred to as the “Landlord”), whose address for purposes hereof is c/o Minkoff Development Corporation 9000 Xxxxxxx Xxxx, Gaithersburg, MD 20877; and AVALON PHARMACEUTICALS, INC., a Delaware corporation, qualified to transact business and in good standing under the laws of the State of Maryland (hereinafter referred to as the “Tenant”), whose address for purposes hereof is 20458, 20460, 20462, 20482, 20484 & 20000 Xxxxxxxxx Xxxx, Xxxxxxxxxx, Xxxxxxxx 00000.
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.
