Tenant’s Acceptance of Premises. Except as set forth in Exhibit D, Tenant shall accept the Premises “as is” on the Commencement Date (as hereinafter defined). By taking possession or using the Premises, Tenant shall be deemed to accept the same in their condition existing as of the date of such possession or use and subject to all applicable municipal, county, state and federal statutes, laws, ordinances, including zoning ordinances, and regulations governing and relating to the use, occupancy or possession of the Premises (collectively “Regulations”). Tenant shall, at Xxxxxx’s sole cost and expense, comply with all Regulations now in force or which may hereafter be in force relating to the Premises and the use of the Premise. Except for any punchlist items identified pursuant to Exhibit D, the taking of possession or use of the Premises by Tenant shall conclusively establish that the Landlord’s Work (as defined in Exhibit D) has been constructed in accordance with Exhibit D and that the Tenant Improvements (as defined in Exhibit D) have been constructed in accordance with the Working Drawings (as defined in Exhibit D). Nothing in this Section shall limit or expand Landlord’s maintenance and repair obligations set forth in Section 7.03. Tenant acknowledges that the only warranties and representations Landlord has made in connection with the physical condition of the Premises or Tenant’s use of the same upon which it has relied directly or indirectly are those expressly provided in this Lease, Notwithstanding anything in this Section 2 to the contrary, Landlord warrants for thirty (30) days following the Commencement Date that the mechanical and plumbing systems serving the Premises are in good working order. Landlord shall repair any defective or malfunctioning component of such systems of which Landlord has received written notice from Tenant describing the failure or malfunction; provided such written notice is given within thirty (30) days of the Commencement Date. In addition, and notwithstanding anything in this Section 2 to the contrary, Landlord warrants that to its actual knowledge the buildings constituting the premises comply with applicable Regulations that were in effect at the time that each building, or portion thereof, was constructed. Such warranty does not apply to (i) modifications which may be required as a result of Tenant’s use of the Premises or (ii) Tenant’s alterations, additions, or improvements to the premises. If the premises do not comply with such warranty, La...
Tenant’s Acceptance of Premises. By occupying the Premises, Tenant accepts the Premises in its “AS-IS, WHERE IS” condition with all faults condition as of the date of Tenant’s occupancy, subject to Landlord’s completion of Landlord’s Work, as defined in the Work Letter attached hereto as Exhibit B, and completion of punch-lists, if any, relating to Landlord’s Work, and Landlord shall have no obligation to perform or pay for any repair or other work, other than as set forth in this Lease.
Tenant’s Acceptance of Premises. Tenant represents to the Landlord that it has examined and inspected the Demised Premises and finds them to be as represented by the Landlord, satisfactory for Tenant's intended use, and free from existing violations of Section 4.02. Tenant hereby accepts the Demised Premises "as is". Any additional improvements to be performed by Landlord are separately identified in EXHIBIT B.
Tenant’s Acceptance of Premises. Tenant has inspected the Premises to its complete satisfaction and is familiar with its condition, and the City makes no representations or warranties with respect thereto, including but not limited to the condition of the Premises or its suitability or fitness for any use Tenant may make of the Premises. Tenant accepts the Premises AS IS, WHERE IS, WITH ALL FAULTS. No action or inaction by the Council, the City Manager, or any other officer, agent or employee of the City relating to or in furtherance of the lease of the Premises shall be deemed to constitute an express or implied representation or warranty that the Premises, or any part thereof, is suitable or usable or any specific purpose whatsoever. Any such action or inaction shall be deemed to be and constitute performance of a discretionary policy and planning function only, and shall be immune and give no right of action as provided in Alaska Statute §9.65.070, or any amendment thereto.
Tenant’s Acceptance of Premises. Tenant shall accept the Premises in its “As Is” condition on the Commencement Date, but shall be entitled to early occupancy, without cost, to clean and renovate the same with Landlord’s consent.
Tenant’s Acceptance of Premises. Tenant will have had full opportunity to examine the Leased Premises, and acceptance of the space will acknowledge that there is in and about said Leased Premises nothing apparently dangerous to life, limb or health. Upon acceptance of the Leased Premises, Tenant agrees to enter into possession of the Leased Premises in their then condition.
Tenant’s Acceptance of Premises. The improvements that existed in the Demised Premises immediately prior to the execution of this Lease are shown on the plan attached as Exhibit B-1. Tenant represents to the Landlord that it has examined and inspected the Demised Premises and finds them to be as represented by the Landlord and satisfactory for Tenant's intended use. Tenant hereby accepts the Demised Premises “as is” except for Landlord's Work, if any, listed in Exhibit B-2. During the first One Hundred Twenty (120) days of the Term, Landlord will, at its own expense, repair any latent defects in the Demised Premises that were not readily apparent through visual inspection on the Commencement Date.
Tenant’s Acceptance of Premises. Within a period of sixty (60) days after commencement of the Initial Term, Tenant shall notify Landlord, in writing, of all portions of the Landlord's Improvements which are incomplete and Landlord shall forthwith complete such items. Failure to deliver such notice shall constitute an acknowledgment that the Landlord's Improvements are complete. Dated:_____________________ LANDLORD: OPUS WEST CORPORATION, a Minnesota corporation By: Name: Thomas W. Roberts Title: President Dated:_____________________ XXXXXX: XXXXX ANIMAL SUPPLIES, INC., a Delaware corporation By: Name: Title: By: Name: Title: SCHEDULE 1 Plans and Specification [To Be Attached] EXHIBIT "C" Preliminary Report EXHIBIT "D" Commencement Date Acknowledgment TO: Opus West Corporation 2030 Main Street, Suite 520 Irvine, CA 92614 Attn: Paul A. Mxxxxxxx ("Xxxxxxxx") XXXX: XXXXX Xxxxxx Xxpplies 9000 Xxxxx Xxxx San Diego, CA 92121-2270 Attn: Mark Drasin ("Xxxxxx")
Tenant’s Acceptance of Premises. By occupying the Premises, Tenant accepts the Premises in its “AS-IS, WHERE IS” condition as of the date of Tenant’s occupancy, subject to all lights, restrooms, HVAC systems, and base building electrical (i.e. the “Building Systems”) being in good working order and condition, and completion of punch-lists, if any relating to the Initial Improvements, if an Exhibit B is attached. If an Exhibit B is not attached, then Tenant accepts the Premises in its “AS-IS, WHERE IS” condition as of the date of Tenant’s occupancy, and Landlord shall have no obligation to perform or pay for any repair or other work, other than as set forth in this Lease.
Tenant’s Acceptance of Premises. Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the Premises or the Building or with respect to the suitability of either for the conduct of Tenant's business. The taking of possession of the Premises by Tenant shall conclusively establish that the Premises and the Building were at such time in a good and tenantable condition, except that Landlord shall repair or replace, as necessary, such defective items furnished or constructed by Landlord of which items Tenant has advised Landlord in writing not later than thirty (30) days after the Commencement Date. Tenant hereby waives any claim or rights it may have on account of the condition of the Premises as accepted, and agrees that, except as otherwise provided in Section 7.2, Landlord shall not be required to make any improvements, alterations, changes or repairs in or to the Premises or the Building. For the purposes of this Lease, it is mutually agreed that the Premises and the Building have the number of rentable square feet designated in Article 1.2 above.
