TENANT'S ACCEPTANCE OF PROPERTY. Except as specifically provided to the contrary attached to this Lease, Tenant shall accept the Premises in the condition as set forth after Landlord has completed Landlord’s Work as set forth on Exhibit C attached hereto, and Landlord shall have no obligation to upfit the same. Except as expressly set forth herein, neither Landlord nor its agents have made any representations with respect to the Premises and the Building, and no rights, easements or licenses are acquired by the Tenant by implication or otherwise. The taking of possession of the Premises by Tenant shall be conclusive evidence that the Premises and the Building were in satisfactory condition at the time possession was taken, provided, however, Tenant may take possession of the Premises, with the approval of Landlord, which will not be unreasonably withheld, and shall be subject to the terms of a work letter (“Work Letter”) indicating any items of Landlord’s Work remain unfinished. If Landlord is required to do any work in the Premises, then Tenant must notify Landlord in writing by amending the Work Letter within forty-five (45) days of the taking of possession of the Premises of any incomplete “punch list” items, any items not contained in such notice shall be deemed fulfilled. In the event that someone other than Landlord constructs any improvements to the Premises, then those Improvements must be constructed using, at a minimum, finishes which are standard to the Building and according to plans and specifications approved by Landlord in advance, not to be unreasonably withheld. Tenant shall furnish Landlord with a complete set of as-built specifications of such interior improvements within sixty (60) days of the completion of these improvements. In all cases, Tenant’s work on fire, sprinkler or alarm systems, and any penetration of floors, must be pre-approved and managed by Landlord.
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Samples: Charleston Lease Agreement, ) Lease Agreement (Bank of South Carolina Corp)
TENANT'S ACCEPTANCE OF PROPERTY. Except The Lessee accepts the building, improvements, and personalty on the leased premises (all of which are hereinafter referred to as "the Leased Property".) in their present state and without any representation or warranty by the Lessor as to the condition of such property or as to the use which may be made thereof, except as stated in the first addendum. The lessee acknowledges that the Leased Property, the title thereto, the streets, sidewalks, driveways, parking areas, curbs, utilities and structures adjoining the same, any subsurface conditions thereof, and the present use and non-uses thereof have been examined by the Tenant. The Lessor shall not be responsible for any later defect or change of condition in the Leased Property and the rent hereunder shall in no case be withheld or diminished on account of any defect in the Leased Property and change in conditions thereof, any damage occurring thereto, or the existence with respect thereto of any violations of the laws or regulations of any government authority except as may be otherwise specifically provided herein. The obligation of the Lessee to pay the contrary attached to this Lease, Tenant full rent herein reserved shall accept not be affected by any future act of omission on the Premises in part of the condition as set forth after Landlord has completed Landlord’s Work as set forth on Exhibit C attached hereto, and Landlord shall have no obligation to upfit the same. Except as expressly set forth herein, neither Landlord nor its agents have made any representations Lessor with respect to the Premises and tenantability of the BuildingLeased Property, and no rightsor the building of which it is a part, easements or licenses are acquired by the Tenant by implication or otherwiseexcept as otherwise specifically provided herein. The taking of possession of the Premises Leased Property by Tenant the Lessee shall be conclusive evidence that the Premises Lessee accepts the same "as is" and that the Leased Property and the Building building and land of which the same form a part were in satisfactory good condition at the time possession was taken, provided, however, Tenant may take possession of the Premises, with the approval of Landlord, which will not be unreasonably withheld, and shall be subject to the terms of a work letter (“Work Letter”) indicating any items of Landlord’s Work remain unfinished. If Landlord is required to do any work in the Premises, then Tenant must notify Landlord in writing by amending the Work Letter within forty-five (45) days of the taking of possession of the Premises of any incomplete “punch list” items, any items not contained in such notice shall be deemed fulfilled. In the event that someone other than Landlord constructs any improvements to the Premises, then those Improvements must be constructed using, at a minimum, finishes which are standard to the Building and according to plans and specifications approved by Landlord in advance, not to be unreasonably withheld. Tenant shall furnish Landlord with a complete set of as-built specifications of such interior improvements within sixty (60) days of the completion of these improvements. In all cases, Tenant’s work on fire, sprinkler or alarm systems, and any penetration of floors, must be pre-approved and managed by Landlord.
Appears in 1 contract
TENANT'S ACCEPTANCE OF PROPERTY. Except as specifically provided ------------------------------- to the contrary in Exhibit "C" attached to this Lease, Tenant shall accept the Premises in the "as is" condition as set forth after Landlord has completed Landlord’s Work as set forth on Exhibit C attached hereto, and Landlord shall have no obligation to upfit the same. Except as expressly set forth herein, neither Landlord nor its agents have made any representations with respect to the Premises and Premises, the Building, Building or the Property and no rights, easements or licenses are acquired by the Tenant by implication or otherwise. The taking of possession of the Premises by Tenant shall be conclusive evidence that the Premises and the Building were in satisfactory condition at the time possession was taken, provided, however, Tenant may take possession of the Premises, with the approval of Landlord, which will subject only to latent defects not be unreasonably withheld, and shall be subject to the terms of a work letter (“Work Letter”) indicating any items of Landlord’s Work remain unfinishedreasonably discoverable by Tenant. If Landlord is required to do any work in the Premises, then Tenant must notify Landlord in writing by amending the Work Letter within forty-five thirty (4530) days of the taking of possession of the Premises of any incomplete “"punch list” " items, any . Any items not contained in such notice shall be deemed fulfilled. In the event that someone other than Landlord constructs any improvements to the Premises, then those Improvements improvements must be constructed using, at a minimumleast, finishes which are standard to the Building and according to plans and specifications approved by Landlord in advance, not to be unreasonably withheld. and Tenant shall will furnish Landlord with a complete set of as-as- built plans and specifications of such interior improvements within sixty (60) days of the completion of these improvements. In all cases, Tenant’s work on fire, sprinkler or alarm systems's mechanical and electrical work, and any penetration of floors, must be pre-approved and managed performed by Landlord's contractors and subcontractors.
Appears in 1 contract
Samples: Smartage Corp
TENANT'S ACCEPTANCE OF PROPERTY. Prior to delivering the Premises to Tenant, Landlord shall complete the work (“Landlord’s Work”) described on Exhibit C attached hereto and incorporated herein by reference and using building standard materials and quantities. Landlord shall deliver possession of the Premises to Tenant on the date that Landlord’s Work is substantially completed (the “Substantial Completion Date”), and Tenant shall accept possession on that date. The Premises shall be deemed substantially completed on the date that (i) Landlord obtains a certificate of occupancy for the Premises, if the Landlord’s Work required the issuance of a permit, or (ii) the date Landlord certifies to Tenant in writing that it has completed the Landlord’s Work in accordance with Exhibit C attached hereto, if a permit is not required for the completion of the Landlord’s Work. Landlord shall use commercially reasonable efforts to deliver the Premises to Tenant on or before fourteen (14) days after the Effective Date but Landlord’s failure to comply with said deadline shall not provide Tenant with any rights or remedies against Landlord hereunder. Except as specifically provided for Landlord’s Work, Landlord shall have no obligation with respect to the contrary upfitting of the Premises. Except for Landlord’s completion of the Landlord’s Work as provided in Exhibit C attached to this Leasehereto, Tenant shall accept the Premises in the condition its “as set forth after Landlord has completed Landlord’s Work as set forth on Exhibit C attached heretois” condition, and Landlord shall have no obligation to upfit the same. Except as expressly set forth herein, neither Landlord nor its agents have made any representations with respect to the Premises same and the Building, and no rights, easements or licenses are acquired by the Tenant by implication or otherwise. The taking of possession of the Premises by Tenant shall be conclusive evidence that the Premises Premises, Building and the Building Property were in satisfactory condition at the time possession was taken, provided, however, Tenant may take possession of the Premises, with the approval of Landlord, which will not be unreasonably withheld, and shall be subject to the terms of a work letter (“Work Letter”) indicating any items of Landlord’s Work remain unfinished. If Landlord is required to do any work in the Premises, then Tenant must notify Landlord in writing by amending the Work Letter within forty-five thirty (4530) days of the taking of possession of the Premises of any incomplete “punch list” itemsitems required to be completed by Landlord, and any items not contained in such notice shall be deemed fulfilled. In the event that someone other than Landlord constructs any improvements to the Premises, then those Improvements must be constructed using, at a minimum, finishes which are standard to the Building and according to plans and specifications approved by Landlord in advance, not to be unreasonably withheld. Tenant shall furnish enter into a letter agreement after Landlord with a complete set of as-built specifications of such interior improvements within sixty (60) days of delivers the completion of these improvements. In all cases, Tenant’s work on fire, sprinkler or alarm systems, and any penetration of floors, must be pre-approved and managed by LandlordPremises to Tenant to evidence the Substantial Completion Date.
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Samples: Genetic Technologies LTD
TENANT'S ACCEPTANCE OF PROPERTY. Except as specifically provided Landlord warrants and represents that on the Commencement Date, the Premises and the Building will comply with all applicable laws, ordinances, rules and regulations of governmental authorities ("Applicable Laws"), except to the contrary attached extent Tenant is required to this Lease, so comply due to the particular manner in which Tenant shall accept uses the Premises in or which relate to the condition lawful use of the Premises and with which only the occupant can comply, such as set forth after Landlord has completed Landlord’s Work as set forth on Exhibit C attached heretolaws governing maximum occupancy, workplace smoking, and illegal business operations. Landlord also represents that the Building will have a floor load capacity of at least 100 pounds per square foot and electrical capacity of at least 5 wattx xxx square foot (which does not include lights). Landlord shall have no obligation to upfit the samePremises as provided in Section 3 of this Article II. Except as expressly set forth herein, neither Landlord nor its agents have made any representations with respect to the Premises and Premises, the Building, Building or the Property and no rights, easements or licenses are acquired by the Tenant by implication or otherwise. The taking of possession of the Premises by Tenant shall be conclusive evidence that the Premises and the Building were in satisfactory condition at the time possession was taken, provided, however, Tenant may take possession of the Premises, with the approval of Landlord, which will subject only to latent defects not be unreasonably withheld, and shall be subject to the terms of a work letter (“Work Letter”) indicating any items of Landlord’s Work remain unfinishedreasonably discoverable by Tenant. If Landlord is required to do any work in on the Premises, then Tenant must notify Landlord in writing by amending the Work Letter within forty-five thirty (4530) days of the taking of possession of the Premises of any incomplete “"punch list” " items, any . Any items not contained in such notice shall be deemed fulfilled. In the event that someone other than Landlord constructs will complete any improvements to the Premises, then those Improvements must be constructed using, at a minimum, finishes which are standard to the Building and according to plans and specifications approved by Landlord in advance, not to be unreasonably withheld. Tenant shall furnish Landlord with a complete set of as-built specifications of such interior improvements agreed upon "punch list" items within sixty thirty (6030) days of the completion preparation of these improvementsand agreement on said list, unless such "punch list" items cannot reasonably be completed within said time period, in which case Landlord shall have such additional time as is reasonably required to complete such punch list items. In all casesIf Landlord does not complete said "punch list" items within such time period and additional time reasonably required by Landlord, Tenant’s work on fire, sprinkler or alarm systemsupon ten (10) days prior written notice to Landlord, may complete said punch list items as its own cost, and any penetration offset the cost of floorsthe same against the Monthly Base Rent due hereunder, must be pre-approved and managed by Landlordif Landlord has not completed the same within said ten (10) day notice period.
Appears in 1 contract
Samples: Commencement Agreement (Alydaar Software Corp /Nc/)
TENANT'S ACCEPTANCE OF PROPERTY. Except The Lessee accepts the building, improvements, and personalty on the leased premises (all of which are hereinafter referred to as "the Leased Property") in their present state and without any representation or warranty by the Lessor as to the condition of such property or as to the use which may be made thereof, except as stated in the first addendum. The lessee acknowledges that the Leased Property, the title thereto, the streets, sidewalks, driveways, parking areas, curbs, utilities and structures adjoining the same, any subsurface conditions thereof, and the present use and non-uses thereof have been examined by the Tenant. The Lessor shall not be responsible for any later defect or change of condition in the Leased Property and the rent hereunder shall in no case be withheld or diminished on account of any defect in the Leased Property and change in conditions thereof, any damage occurring thereto, or the existence with respect thereto of any violations of the laws or regulations of any government authority except as may be otherwise specifically provided herein. The obligation of the Lessee to pay the contrary attached to this Lease, Tenant full rent herein reserved shall accept not be affected by any future act of omission on the Premises in part of the condition as set forth after Landlord has completed Landlord’s Work as set forth on Exhibit C attached hereto, and Landlord shall have no obligation to upfit the same. Except as expressly set forth herein, neither Landlord nor its agents have made any representations Lessor with respect to the Premises and tenantability of the BuildingLeased Property, and no rightsor the building of which it is a part, easements or licenses are acquired by the Tenant by implication or otherwiseexcept as otherwise specifically provided herein. The taking of possession of the Premises Leased Property by Tenant the Lessee shall be conclusive evidence that the Premises Lessee accepts the same "as is" and that the Leased Property and the Building building and land of which the same form a part were in satisfactory good condition at the time possession was taken, provided, however, Tenant may take possession of the Premises, with the approval of Landlord, which will not be unreasonably withheld, and shall be subject to the terms of a work letter (“Work Letter”) indicating any items of Landlord’s Work remain unfinished. If Landlord is required to do any work in the Premises, then Tenant must notify Landlord in writing by amending the Work Letter within forty-five (45) days of the taking of possession of the Premises of any incomplete “punch list” items, any items not contained in such notice shall be deemed fulfilled. In the event that someone other than Landlord constructs any improvements to the Premises, then those Improvements must be constructed using, at a minimum, finishes which are standard to the Building and according to plans and specifications approved by Landlord in advance, not to be unreasonably withheld. Tenant shall furnish Landlord with a complete set of as-built specifications of such interior improvements within sixty (60) days of the completion of these improvements. In all cases, Tenant’s work on fire, sprinkler or alarm systems, and any penetration of floors, must be pre-approved and managed by Landlord.
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