Possession and Delivery. Absolute right to possession of the Property shall transfer to Buyer on the Effective Date. If delivery of the Property is to be made at a date after the Effective Date, it is Seller’s duty to ensure the Property is delivered in the same condition as when last inspected by Buyer. Seller shall remain partially entitled to the Property until such time the full Purchase Price is conveyed to Buyer, on a pro rata basis. If after one year after the Effective Date, the entire Purchase Price has not been transferred, the Seller shall be completely divested from the Property and shall receive, instead, Series Interests on a pro rata basis. The Seller may at any time during the term of the Offering, elect to acquire Series Interests by way of cancelation of the equivalent amount owed to it by Buyer under this Agreement. For purposes of this section, the value of the Series Interests acquired by or transferred to Seller from time to time shall be based on the initial value of such Series Interests pursuant to the Offering.
Possession and Delivery. Seller shall make available to Buyer the Property promptly following receipt of the Down Payment. Absolute right to possession of the Property shall transfer to Buyer after the Purchase Price is paid in full. If delivery of the Property is to be made at a date after the Effective Date, it is Seller’s duty to ensure the Property is delivered in the same condition as when last inspected by Buyer. Seller shall remain entitled to the Property until such time the full Purchase Price is conveyed to Buyer, on a pro rata basis. Until the Purchase Price is paid in full, the Property shall remain in the condition in which it is received. It shall not be conserved, cleaned, repaired, retouched, or removed from mats, mounts or bases, rewired, duplicated, migrated to a new medium or altered in any way whatever except with Seller’s prior written permission.
Possession and Delivery. Absolute right to possession of the Property shall transfer to Buyer on the Effective Date. If delivery of the Property is to be made at a date after the Effective Date, it is Seller’s duty to ensure the Property is delivered in the same condition as when last inspected by Buyer. Seller shall remain partially entitled to Property until such time the entire Purchase Price is conveyed, prorata. If after one year after the Effective Date, the entire Purchase Price has not been transferred, the Seller shall be completely divested from the Property and shall receive, instead, interests in Buyer, prorata. The Seller may at any time during the term of the Offering, elect to acquire a maximum of 10% of the Series Interests by way of cancelation of such amount owed to it by Buyer under this Agreement equivalent to the value of the Series Interests acquired.
Possession and Delivery. The Space is accepted by the Hero in its “as-is” “where-is” condition. If, for any reason, the Supplier is unable to provide use of the Space at the anticipated beginning of the Term, you shall have the right to cancel the License with no penalty and be entitled to a full refund of amounts paid.
Possession and Delivery. The Space is accepted by the Licensee in its “as-is” “where-is” condition and configuration. If, for any reason, the Licensor is unable to provide use of the Space at the anticipated beginning of the Term, Licensee shall have the right to cancel the License with no penalty and be entitled to a full refund of amounts paid.
Possession and Delivery. 3.01 The Premises are accepted by Tenant on the Commencement Date in “as is” condition and configuration without any representations or warranties by Landlord, provided that Tenant’s acceptance of the Premises shall not be deemed a waiver of Tenant’s right to have defects in the Premises repaired at no cost to Tenant. By taking possession of the Premises, Tenant agrees that the Premises are in good order and satisfactory condition, subject to Landlord’s warranty with respect to the Landlord’s Work, the Building structure, and the mechanical, electrical, HVAC, life safety, sewer, plumbing, and other systems of the Building (collectively, the “Building Systems”) provided below. Landlord hereby represents and warrants that on the Commencement Date, the Building is structurally sound and all Building Systems and Landlord’s Work as configured on the Commencement Date are in good working order and in compliance with all laws, and Landlord has completed all of the items described as Landlord’s Work in the Work Letter attached to this lease as Exhibit F. In the event that the Building structure is not sound or any of the Building Systems or Landlord’s Work (as configured on the Commencement Date) are not in good working order, then Tenant shall give notice to Landlord whenever any such defect becomes reasonably apparent, and Landlord shall, at Landlord’s sole cost and expense which cost and expense shall not be included within the calculation of Expenses or Additional Rent hereunder, promptly restore the Building structure or the applicable Building System to good working order.
3.02 If the Commencement Date has not occurred on or before January 1, 2018 (the “Premises Delivery Deadline”) solely because of Landlord delay, then, in addition to Tenant’s other rights or remedies, Tenant may terminate the Lease by written notice to Landlord delivered not later than ten days after the Premises Delivery Date, whereupon any monies previously paid by Tenant to Landlord shall be reimbursed to Tenant. Tenant shall not have the right to terminate the Lease under this Section 3.02 where the Commencement Date has not occurred by the Premises Delivery Deadline because of Tenant Delay, and/or Force Majeure (as those terms are defined in the Work Letter).
Possession and Delivery. Right to possession of the Assets shall transfer to Buyer upon payment of the Purchase Price. It is Seller’s duty to ensure the Assets are delivered to the Buyer or to Buyer’s designated storage facility in the same condition as when purchased by Seller.
Possession and Delivery. Nothing in this Agreement shall obligate DELTA to take delivery or possession of the Products or to maintain any inventory of the Products. Products sold pursuant to an order solicited by DELTA or any Sales Agent shall be delivered to the customer according to the terms applicable to a particular sale.
Possession and Delivery. Except as may be otherwise expressly set forth herein, possession of the Property shall be granted to Buyer at the closing. Seller shall (i) deliver the Property to Buyer at the closing, broom clean and in substantially the same condition as it exists on the date hereof, reasonable wear and tear excepted, and (ii) remove all perishable and nonperishable food items from the Property.
Possession and Delivery. Absolute right to possession of the Property shall transfer to Buyer on the Effective Date. If delivery of the Property is to be made at a date after the Effective Date, it is Seller’s duty to ensure the Property is delivered in the same condition as when last inspected by Buyer. Seller shall remain partially entitled to Property until such time the entire Purchase Price is conveyed, prorata. If after one year after the Effective Date, the entire Purchase Price has not been transferred, the Seller shall be completely divested from the Property and shall receive, instead, interests in Buyer, prorata. For example, if only $57,000 is conveyed to the Seller by Buyer, Seller shall retain a 50% interest in the Property until the Effective Date first anniversary, at which time, the Seller shall divest of the interest in the Property and instead, shall receive interests in the Buyer.
