Premises Delivery. Landlord shall reasonably attempt to deliver possession of the Premises, with all Building HVAC, mechanical, electrical, and plumbing systems serving the Premises in good operating condition and repair, on or before September 21, 2018, the anticipated Premises Delivery Date. If Landlord is unable to deliver possession of the Premises to the Tenant on or before the anticipated Premises Delivery Date or thereafter for any reason, Landlord shall not be subject to any liability, claims, or damages for failure to give possession on said date and this Lease shall not be terminated or terminable by reason of such delay unless such delay continues beyond October 21, 2018, in which event one (1) day’s Base Rent shall be abated for each day the Premises Delivery Date is delayed beyond October 21, 2018. If Landlord has not delivered the Premises by November 21, 2018, Tenant shall have the right to terminate this Lease by giving not less than ten (10) days’ notice to Landlord, provided that any such notice must be delivered before Landlord has delivered the Premises. Tenant hereby indemnifies Landlord for all losses, costs, damages, and claims including reasonable attorneys’ fees arising out of any delays, damages to the Premises or the Property, or other matters arising out of Tenant’s access to the Premises or the Property prior to the Term Commencement Date, and shall present Landlord with satisfactory certificates of insurance in the amounts set forth herein as a condition and prerequisite to gaining such access.
Delivery of Premises. Landlord shall use commercially reasonable efforts and all reasonable diligence to complete construction of the Premises prior to January 1, 2018. In the event Landlord fails to cause the Premises to be "Ready for Occupancy" on or before February 1, 2018 (the "Outside Date"), then Landlord shall provide Tenant a credit against Base Rent first due under this Lease in the amount of "Holdover Premium", as defined below, required to be paid by Tenant during the period from the Outside Date until the date that is the earlier of # the date that is thirty (30) days after the Premises are Ready for Occupancy, and # the date that Tenant actually vacates and surrenders its existing premises (the "Holdover Period"). The "Holdover Premium" shall be the amount of rent required to be paid by Tenant to its current landlord during the Holdover Period which is at a rate that is in excess of the rate payable immediately prior to the end of Tenant's existing lease (i.e., the rate payable during December, 2017). In no event shall the Holdover Premium required to be paid by Landlord exceed $144,192.10 per month of the Holdover Period. The Outside Date shall be extended for any delays in Landlord's completion of the Tenant Improvements in the Premises caused by "Tenant Delay", as set forth in [Section 1(j)] of the Tenant Work Letter, or "Unavoidable Delay", as set forth in [Section 1(l)] of the Tenant Work Letter.
Delivery of Premises. Subject to obtaining Landlord’s Consent, Assignor shall vacate the Premises and deliver the same to Assignee on the Delivery Date. If Assignor cannot deliver the Premises to Assignee on the Delivery Date in the condition required by this Section 5, then the Delivery Date shall be delayed until such time as the Premises are so delivered; provided, however, if the Delivery Date has not occurred within fifteen (15) business days following delivery by the New Landlord of the New Premises to Assignor, then Assignee shall have the right, upon written notice to Assignor, to terminate this Assignment. Assignor shall deliver the Premises to Assignee # in their as-is condition, with the lab areas of the Premises decommissioned in accordance with Section 28 of the Lease, and # with all of the furniture, fixtures, and equipment in the Premises identified on Exhibit B attached hereto and made a part hereof left therein (the “FF&E”). Any furniture, fixtures, and equipment not identified on Exhibit B shall be removed from the Premises by Assignor on or before the Delivery Date. All of the remaining FF&E shall be conveyed to Assignor on the Delivery Date, pursuant to that certain Bill of Sale dated as of the date hereof, attached hereto as Exhibit C.
Delivery of Premises. Upon Substantial Completion of the Expansion Improvements, Lessor shall deliver possession of the Expansion Premises to Lessee. If Lessor has not Substantially Completed the Expansion Improvements and tendered possession of the Expansion Premises to Lessee on or before the Scheduled Expansion Commencement Date specified in Section 3 of the Amendment to which this Construction Rider is attached, or if Lessor is unable for any other reason to deliver possession of the Premises to Lessee on or before such date, then, except as provided in the Lease, neither Lessor nor its representatives shall be liable to Lessee for any damage resulting from the delay in completing such construction obligations or delivering possession to Lessee and this Amendment shall remain in full force and effect unless and until it is terminated under the express provisions of Section 3 of the Amendment. If any delays in Substantially Completing the Expansion Improvements are attributable to Lessee Delays, then the Premises shall be deemed to have been Substantially Completed and delivered to Lessee on the date on which Lessor could have Substantially Completed the Premises and tendered the Premises to Lessee but for such Lessee Delays.
Delivery of Premises. Tenant acknowledges that Tenant has thoroughly examined the Phase I Premises but that Tenant has been unable to examine the other Phases of the Premises. In accordance with the schedule of estimated Delivery Dates set forth in the Lease, Landlord shall deliver each Phase of the Premises and Tenant shall accept each Phase of the Premises from Landlord in its presently existing, "as-is" condition as of the applicable Delivery Date subject to: # the immediately following sentence, # Section 1.3 of the Lease; # Section 1.2 below, and # any repair and cleanup items identified by the parties pursuant to Section 1.3 below. Notwithstanding the foregoing, Landlord represents and warrants to Tenant that, as of the date that Landlord tenders possession of each Phase to Tenant, the Base Building and Building Systems serving such Phase shall be in good working order; provided, however, that # Landlord shall not be responsible for any damage to the Base Building caused by Tenant or Tenant's agents, and # any breach by Landlord of the foregoing representation and warranty shall be subject to cure by Landlord and shall not entitle Tenant to terminate this Lease in connection with the same so long as Landlord is diligently pursuing the completion of such cure.
Delivery of Sublease Premises. The parties acknowledge and agree that Sublessee is the current occupant of the Sublease Premises, and as of the Commencement Date, Sublessor shall, by allowing Sublessee to remain in occupancy, be deemed to have delivered possession of the Sublease Premises to Sublessee in its current “as-is”, “where is” and “with all faults” condition. Sublessor shall have no obligation whatsoever to make or pay the cost of any alterations, improvements or repairs to the Sublease Premises, including, without limitation, any improvement or repair required to comply with any law, regulation, building code or ordinance (including, without limitation, the Americans With Disabilities Act of 1990 (“ADA”)). Sublessee shall look solely to Master Lessor for performance of any repairs required to be performed by Master Lessor under the terms of the Master Lease, and if Master Lessor fails to perform any such repairs within thirty (30) days after Master Lessor has been requested to do so by Sublessee, then Sublessee shall promptly notify Sublessor of Master Lessor’s failure to perform.
Delivery of Expansion Premises. Landlord shall, at Landlord’s sole cost and expense, perform the Delivery Condition Work in accordance with Exhibit “B” attached hereto, using new or like-new materials that meet the Building standard for materials, finishes and quantities, on or before the Expansion Premises Commencement Date. Except for the Delivery Condition Work, Landlord shall deliver the Expansion Premises to Tenant on the Expansion Premises Commencement Date in its then “AS-IS,” “WHERE-IS” condition, without any additional obligation on the part of Landlord to perform any construction therein or to prepare the same for Tenant’s occupancy or otherwise; provided however, notwithstanding the foregoing, the Expansion Premises shall be delivered to Tenant in “broom clean” condition, free of all tenants and other occupants and free of all personal property and equipment, except for such existing furniture of PA Consulting (as defined below) as Tenant has agreed to acquire from PA Consulting pursuant to a separate agreement between Tenant and PA Consulting (the “Existing Furniture”), provided that Tenant has delivered written notice to Landlord identifying such Existing Furniture at least thirty (30) days prior to the Expansion Premises Commencement Date.
Delivery of the Premises. When Landlord’s Work in Suite 1 and Suites 2-4, respectively, is Substantially Complete, subject to the remaining terms and provisions of this [Section 3(e)], Tenant shall accept such applicable portion of the Premises. Tenant’s taking possession and acceptance of Suite 1 and Suites 2-4, respectively, shall not constitute a waiver of: # any warranty with respect to workmanship (including installation of equipment) or material (exclusive of equipment provided directly by manufacturers), # any non-compliance of the Tenant Improvements with applicable Legal Requirements, or # any claim that the Tenant Improvements were not completed substantially in accordance with the TI Construction Drawings (subject to Minor Variations and such other changes as are permitted hereunder) (collectively, a “Construction Defect”). Tenant shall have one year after Substantial Completion within which to notify Landlord of any such Construction Defect discovered by Tenant, and Landlord shall use
Delivery of Expansion Premises. Tenant shall accept the Expansion Premises and all components thereof including, but not limited to, electrical and mechanical in its presently existing “as-is”, “where-is”, with all faults condition and Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Expansion Premises except as otherwise expressly set forth in the Tenant Work Letter attached hereto as Exhibit C attached hereto and incorporated herein by reference. The acceptance of the Expansion Premises in “as-is” condition shall in no way limit Landlord’s repair obligations set forth in the Lease.
Premises. Landlord, in consideration of the rents and of the terms and conditions hereinafter contained, does hereby lease to Tenant, and Tenant does hereby lease from Landlord, the real property located at [[Address A:Address]], Unit 1, [[Address A:Address]] and having the legal description set forth on [Exhibit A] attached hereto (the “Premises” or the “Property”). The land (the “Land”), building (the “Building”) and other improvements comprising Unit 1 of [[Landlord:Organization]] Condominiums are depicted on [Exhibit B] attached hereto.
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