Common use of Failure to Deliver Certificate Clause in Contracts

Failure to Deliver Certificate. At Landlord’s option, the failure of Tenant to deliver such statement within such time shall constitute a material default of Tenant hereunder, or it shall be conclusive upon Tenant that (a) this Lease is in full force and effect, without modification except as may be represented by Landlord, (b) there are no uncured defaults in Landlord’s performance, (c) not more than one month’s Base Rent has been paid in advance, (d) all tenant improvements to be constructed by Landlord, if any, have been completed in accordance with Landlord’s obligations and (e) Tenant has taken possession of the Premises.

Appears in 3 contracts

Samples: Lease (Regenerx Biopharmaceuticals Inc), NameMedia, Inc., NameMedia, Inc.

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Failure to Deliver Certificate. At Landlord’s 's option, the failure of Tenant to deliver such statement within such time shall constitute a material default of Tenant hereunder, or it shall be conclusive upon Tenant that (a) this Lease is in full force and effect, without modification except as may be represented by Landlord, (b) there are no uncured defaults in Landlord’s 's performance, (c) not more than one month’s 's Base Rent has been paid in advance, (d) all tenant improvements to be constructed by Landlord, if any, have been completed in accordance with Landlord’s 's obligations and (e) Tenant has taken possession of the Premises.

Appears in 3 contracts

Samples: Office Lease (United Panam Financial Corp), Noosh Inc, Storagenetworks Inc

Failure to Deliver Certificate. At Landlord’s 's option, the failure of Tenant to deliver such statement within such time shall constitute a material default of Tenant hereunder, or it shall be conclusive upon Tenant that this (a) this Lease a)Lease is in full force and effect, without modification except as may be represented by Landlord, (b) there are no uncured defaults in Landlord’s 's performance, (c) not more than one month’s 's Base Rent has been paid in advance, (d) all tenant improvements to be constructed by Landlord, if any, have been completed in accordance with Landlord’s 's obligations and (e) Tenant has taken possession of the Premises.

Appears in 2 contracts

Samples: Standard Office Lease (Motivating the Masses Inc), Standard Office Lease (Auxilio Inc)

Failure to Deliver Certificate. At Landlord’s option, the failure of Tenant to deliver such statement within such time shall constitute a material default of Tenant hereunder, or it shall be conclusive upon Tenant that (a) this Lease is in full force and effect, without modification except as may be represented by Landlord, (b) there are no uncured defaults in Landlord’s performance, (c) not more than one month’s Base Rent has been paid in advance, and (d) all tenant improvements to be constructed by Landlord, if any, have been completed in accordance with Landlord’s obligations and (e) Tenant has taken possession of the Premises.

Appears in 2 contracts

Samples: Office Lease Agreement (Cross Country Healthcare Inc), Wilshire Enterprises Inc

Failure to Deliver Certificate. At Landlord’s option, the failure of Tenant to deliver such statement within such time shall constitute a material default of Tenant hereunder, or it shall be conclusive upon Tenant that (a) this Lease is in full force and effect, without modification except as may be represented by Landlord, (b) there are no uncured defaults in Landlord’s performance, (c) not more than one month’s Base Rent has been paid in advance, (d) all tenant improvements to be constructed by Landlord, if any, have been completed in accordance with Landlord’s obligations obligations, and (e) Tenant has taken possession of the Premises.

Appears in 2 contracts

Samples: Assignment Agreement (Intuity Medical, Inc.), Source Photonics Inc

Failure to Deliver Certificate. At Landlord’s 's option, the failure of Tenant to deliver such statement within such time shall constitute a material default of Tenant hereunder, or it shall be conclusive upon Tenant that (a) this Lease is in full force and effect, without modification except as may be represented by Landlord, (b) there are no uncured defaults in Landlord’s 's performance, (c) not more than one month’s 's Base Rent has been paid in advance, and (d) all tenant improvements to be constructed by Landlord, if any, have been completed in accordance with Landlord’s 's obligations and (e) Tenant has taken possession of the Premises.

Appears in 2 contracts

Samples: Landlord and Tenant Acknowledge That They Have Carefully Read and Reviewed This Lease and Each Term and Provision Contained Herein And (Echo Therapeutics, Inc.), Emisphere Technologies Inc

Failure to Deliver Certificate. At Landlord’s 's option, the failure of Tenant to deliver such statement within such time shall constitute a material default of Tenant hereunder, or it shall be conclusive upon Tenant that (a) this Lease is in full force and effect, without modification except as may be represented by Landlord, (b) there are no uncured defaults in Landlord’s 's performance, (c) not more than one month’s 's Base Rent has been paid in advance, (d) all tenant improvements to be constructed by Landlord, if any, have been completed in accordance with Landlord’s obligations 's obligations, and (e) Tenant has taken possession of the Premises.

Appears in 1 contract

Samples: Wastewater Treatment (Jabil Circuit Inc)

Failure to Deliver Certificate. At Landlord’s option, the failure of Tenant to deliver such statement within such time shall constitute a material default of Tenant hereunder, or it shall be conclusive evidence upon Tenant that (a) this Lease is in full force and effect, without modification except as may be represented by Landlord, (b) there are no uncured defaults in Landlord’s performance, (c) not more than one month’s Base Rent has been paid in advance, (d) all tenant improvements to be constructed by Landlord, if any, have been completed in accordance with Landlord’s obligations and (e) Tenant has taken possession of the Premises.

Appears in 1 contract

Samples: Work Letter Agreement (Oxigene Inc)

Failure to Deliver Certificate. At Landlord’s option, the failure of Tenant to deliver such statement within such time shall constitute a material default of Tenant hereunder, or it shall be conclusive upon Tenant that (a) this Lease is in full force and effect, without modification except as may be represented by Landlord, (b) there are no uncured defaults in Landlord’s performance, (c) not more than one month’s Base Rent has been paid in advance, (d) all tenant improvements to be constructed by Landlord, if any, have been completed in accordance with Landlord’s obligations and (e) Tenant has taken possession of the Premises.

Appears in 1 contract

Samples: Office Lease (ProNAi Therapeutics Inc)

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Failure to Deliver Certificate. At Landlord’s option, the failure of Tenant to deliver such statement within such time shall constitute a material default of Tenant hereunder, or it shall be conclusive upon Tenant that this (a) this Lease is in full force and effect, without modification except as may be represented by Landlord, (b) there are no uncured defaults in Landlord’s performance, (c) not more than one month’s Base Rent has been paid in advance, (d) all tenant improvements to be constructed by Landlord, if any, have been completed in accordance with Landlord’s obligations and (e) Tenant has taken possession of the Premises.

Appears in 1 contract

Samples: Work Letter Agreement (Ign Entertainment Inc)

Failure to Deliver Certificate. At Landlord’s option, the failure of Tenant to deliver such statement within such time shall constitute a material default of Tenant hereunder, or it shall be conclusive upon Tenant that this (a) this Lease a)Lease is in full force and effect, without modification except as may be represented by Landlord, (b) there are no uncured defaults in Landlord’s performance, (c) not more than one month’s Base Rent has been paid in advance, (d) all tenant improvements to be constructed by Landlord, if any, have been completed in accordance with Landlord’s obligations and (e) Tenant has taken possession of the Premises.

Appears in 1 contract

Samples: Work Letter Agreement (Universal Electronics Inc)

Failure to Deliver Certificate. At Landlord’s 's option, the failure of Tenant to deliver such statement within such time shall constitute a material default of Tenant hereunder, or it shall be conclusive upon Tenant that (a) this Lease is in full force and effect, without modification except as may be represented by Landlord, (b) there are no uncured defaults in Landlord’s 's performance, (c) not more than one month’s 's Base Rent has been paid in advance, (d) all tenant improvements to be constructed by Landlord, if any, have been completed in accordance with Landlord’s obligations 's obligations, and (e) Tenant has taken possession of the Premises.

Appears in 1 contract

Samples: Standard Lease (Ambarella Inc)

Failure to Deliver Certificate. At Landlord’s 's option, the failure of Tenant to deliver such statement within such time THREE (3) BUSINESS DAYS AFTER LANDLORD'S SECOND REQUEST THEREFOR shall constitute a material default of Tenant hereunder, or it shall be conclusive upon Tenant that (a) this Lease is in full force and effect, without modification except as may be represented by Landlord, (b) there are no uncured defaults in Landlord’s 's performance, (c) not more than one month’s 's Base Rent has been paid in advance, and (d) all tenant improvements to be constructed by Landlord, if any, have been completed in accordance with Landlord’s 's obligations and (e) Tenant has taken possession of the Premises.

Appears in 1 contract

Samples: Letter Agreement (Amisys Managed Care Systems Inc)

Failure to Deliver Certificate. At Landlord’s 's option, the failure of Tenant to deliver such statement within such time shall constitute a material default of Tenant hereunder, or it shall be conclusive upon Tenant that (a) this Lease is in full force and effect, without modification except as may be represented by Landlord, (b) there are no uncured defaults in Landlord’s 's performance, (c) not more than one month’s 's Base Rent has been paid in advance, (d) all tenant improvements to be constructed by Landlord, if any, have been completed in accordance with Landlord’s 's obligations and (e) Tenant has taken possession of the Premises.

Appears in 1 contract

Samples: Medicines Co /De

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