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 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. 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. 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.
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. The Space is accepted by the Guest in its “as-is” “where-is” condition and configuration. If, for any reason, the Host is unable to provide use of the Space at the anticipated Start Date, you agree that the Term shall be automatically postponed until possession becomes available. Host’s failure to deliver possession of the Space shall not subject the Host to any liability for loss or damage, nor shall it affect the validity of the License. If the Host does not deliver possession of the Space within one week after the anticipated Start Date, the Guest 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 Licensed Space, Equipment and Furnishings, and Shared Use Supplies (collectively, the “Licensed Items”) are delivered to and accepted by User in “as is” condition and configuration. ACM’s failure to deliver possession of the Licensed Space, Equipment and Furnishings, or the Shared Use Supplies on the Start Date or otherwise shall not subject ACM to any liability for loss or damage.
Possession and Delivery. The Licensed Space is accepted by Licensee in “as is” condition and configuration. If, for any reason, Licensor is unable to provide use of the Licensed Space on the Start Date, Licensee agrees that the Start Date shall be automatically postponed until possession becomes available. Licensor’s failure to deliver possession of the Licensed Space shall not subject Licensor to any liability for loss or damage, nor shall it affect the validity of this Agreement. The parties agree that if Licensor does not deliver possession of the Licensed Space on or prior to February 15, 2024 (“Required Start Date”), Licensee shall have the right to terminate this License by delivery of written notice to Licensor prior to the earlier to occur of (a) five (5) business days after the Required Start Date and (b) the date Licensor delivers possession of the Licensed Space to Licensee. Except as otherwise explicitly set forth herein, Licensor shall have no obligation to furnish any services to the Licensed Space or to the Licensee in connection herewith.
