Landlord Warranty. Except for Landlord's obligation to perform Landlord's Work as set forth in Section 27, the warranties hereinafter set forth, any punchlist items determined pursuant to the procedures of the Workletter Agreement and subject to Section 7, Tenant shall accept the Premises and Building, except as set forth in this Section 4.C, "as is", and Tenant acknowledges that Landlord has made no representations or warranties as to the condition of the Premises or the Building, express or implied, and that Landlord shall not be required to make any improvements to the Premises or the Building to ready the same for Tenant's occupancy, except as expressly set forth this Lease. Except for Landlord's performance of Landlord's Work, all work desired by Tenant of the Premises to ready the same for Tenant's initial occupancy shall be performed by Tenant in accordance with the terms and conditions of Section 12. The acceptance, by Tenant of the Building "as is", shall not, however, relieve Landlord from any of Landlord's repair or maintenance obligations with respect to the Building under this Lease. Landlord shall, however, procure from its contractors and subcontractors, and make Tenant an intended third party beneficiary of, all warranties received by Landlord from the contractor, subcontractors, and suppliers performing the Tenant Improvements (as defined in Section 27) (collectively, the "CONTRACTOR WARRANTIES") required by the Construction Documents (as defined in the Workletter Agreement) and, in addition, Landlord shall upon Substantial Completion, provide Tenant with a one (1) year warranty with respect to the construction of the Landlord's Work from Landlord which shall be identical in form and substance to the warranty received by Landlord from its general contractor with respect to Landlord's Work ("LANDLORD WARRANTY"). In addition, Landlord shall, at Tenant's request, upon expiration of the Landlord Warranty, assign to Tenant all unexpired Contractor Warranties and shall diligently enforce all Contractor Warranties which have not been assigned to Tenant.
Landlord Warranty. The Landlord warrants that: the Landlord has sufficient title to grant this lease. the Permitted Use is not in breach of any of the third party rights of which the Landlord is aware; and exercise of the rights granted by this lease will not conflict with or be in breach of any third party rights granted by the Landlord Parking Enforcement The Landlord will co-operate with the Tenant in extending the operation of any existing parking enforcement scheme the Landlord operates from time to time to enforcing the parking restrictions within the vicinity of the Premises. Wayleaves If requested to do so by the Tenant due to the requirements of a telecommunications provider or distribution network provider in relation to the use of the Premises the Landlord shall (subject to the Tenant paying the Landlord’s reasonable and proper costs incurred in doing so) together with the Tenant enter into a wayleave or such other form of consent with a telecommunications provider or distribution network provider in such form as shall be approved by the Landlord (such approval not to be unreasonably withheld or delayed) and the Tenant shall indemnify the Landlord for any liability incurred in relation to the same.
Landlord Warranty. Landlord warrants the Tenant Improvements against defective workmanship and materials for a period of one (1) year following the Substantial Completion thereof. Landlord’s sole obligation under this warranty is to repair or replace, as necessary, any defective item of the Tenant Improvements caused by poor workmanship or materials if Tenant notifies Landlord of the defective item during such one year period of time; Landlord shall have no obligation to repair or replace any item after such timeframe. Notwithstanding the foregoing, Landlord shall not be obligated to perform any maintenance or repairs to the extent made necessary by the modification, failure to maintain, misuse, negligence or willful misconduct of Tenant, its employees, agents, customers or contractors.
Landlord Warranty. The Landlord, at Landlord's sole cost and expense, will warrant that the building and all building systems and sub-systems are in good working condition. In the event that the premise is not in compliance with any code or other legal requirement (including without limitation Title 24 and ADA requirements) and compliance is required by governmental or other authority, Landlord shall be fully responsible for such compliance. The Tenant Improvement Allowance will not be used for these purposes.
Landlord Warranty. Landlord warrants and represents that Landlord has no actual knowledge of any Hazardous Materials which are not disclosed in the Phase I Environmental Analysis of the Property (the "Phase I Report") which Landlord has provided to Tenant. As used herein, the phrase "actual knowledge" shall mean the actual knowledge of Xxxxx X. Xxxxxxx without investigation or inquiry or duty of investigation or inquiry. Xxxxx X. Xxxxxxx is making such representation and warranty on behalf of Landlord and not in his individual capacity and, as a result, Landlord (and not such individual) shall be liable in the event of a breach of this representation. Tenant acknowledges that, other than the Phase I Report, Landlord has not conducted any other investigations regarding the environmental condition of the Property.
Landlord Warranty. Notwithstanding anything set forth in this Lease to the contrary, upon the Possession Date, the Building Systems shall be in good working condition. If it is determined that any portions of the Building Systems were not in good working condition on the Possession Date, provided that the need to repair or replace was not caused by the misuse, misconduct, damage, destruction, omissions, and/or negligence (collectively, "Tenant Damage") of Tenant, its subtenants and/or assignees, if any, or any company which is acquired, sold or merged with Tenant, or by any modifications, Alterations, or improvements constructed by or on behalf of Tenant, Landlord, at no cost to Tenant and which shall not be included in Operating Expenses, shall promptly commence such work or take such other action as may be necessary to place the same in good working condition. To the extent repairs which Landlord is required to make pursuant to this Tenant Work Letter are necessitated in part by Tenant Damage, then Tenant shall reimburse Landlord for an equitable proportion of the reasonable cost of such repair. Following the Landlord Possession Date, Landlord's repair and maintenance obligations shall be governed by the terms of Article 7 of this Lease, below. EXHIBIT B -1- HEALTHPEAK INC. 00000 XXXXXXX XXXXXX XX XXXXXXXX IMMUNOTHERAPEUTICS EXHIBIT C XXXXXX XXXXX SCIENCE CENTER
Landlord Warranty. 4.1 The Landlord warrants that:
Landlord Warranty. Landlord warrants to Tenant that (a) all materials and equipment furnished under this Work Letter with respect to the Base Building Work will be of good quality and new unless otherwise specified in the Approved Base Building Plans and Specifications, (b) the Base Building Work will be free from faults and defects, and (c) the Base Building Work will conform and be operational in accordance with all Legal Requirements and the performance standards of the Preliminary Base Building Specifications, the Approved Base Building Plans and Specifications, the requirements of Section 2.3 and the other requirements of this Work Letter. All aspects of the Base Building Work not conforming to these requirements (including any changes or substitutions not properly approved by Tenant pursuant to Section 2.2.3(c)) are covered by this warranty and shall be considered defective. The foregoing warranties shall not be restricted by the limitations of any manufacturer's, contractor's, subcontractor's or supplier's foregoing warranties, and shall not be affected by the specification of any product or procedure. The warranty set forth in this Section 2.8, and shall be in addition to and not by way of limitation to any warranty or remedy required or provided by Legal Requirements. If required by Tenant, Landlord shall furnish satisfactory evidence as to the kind and quality of materials and equipment used in connection with the Base Building Work and such other information as Tenant shall request to verify the matters covered by the warranties set forth in this Section 2.8. Landlord agrees to assign to Tenant all manufacturers', contractors' subcontractors' and suppliers' warranties applicable to items for which Tenant has maintenance responsibilities under this Lease.
Landlord Warranty. To the best of Landlord's knowledge, Landlord represents and warrants to Tenant that as of the date hereof and as of the Term Commencement Date, (a) the Building and all Building systems are and shall be in good working condition, structurally sound and free from latent defects, (b) the Premises and the Building do not violate any ordinance, rule, code (including without limitation the requirements of the Americans with Disabilities Act), covenants or restrictions of record as are applicable to the Building or the Premises or regulation of any government agency, and Landlord has not received notice of any possible violation.
Landlord Warranty. Notwithstanding anything in the Lease to the contrary, Landlord shall, at Landlord's sole cost and expense (which shall not be deemed an Operating Expense), repair or replace any failed, damaged or inoperable portion of the base Building systems which serve the Premises during the first twelve (12) months of the Second Extended Term ("Warranty Period"), provided that the need to repair or replace was not caused by the misuse, misconduct, damage, destruction, and/or negligence of Tenant, its subtenants and/or assignees, if any, or any company which is acquired, sold or merged with Tenant (collectively, "Tenant Damage"), or by any modifications, Alterations or improvements constructed by or on behalf of Tenant. Landlord shall coordinate any such work with Tenant and shall utilize commercially reasonable efforts to perform the same in a manner designed to minimize interference with Tenant's use of the Premises. To the extent repairs which Landlord is required to make pursuant to this Section 5 are necessitated in part by Tenant Damage, then to the extent the same are not covered by Landlord’s insurance, Tenant shall reimburse Landlord for an equitable proportion of the cost of such repair.
