Acceptance of the Site Clause Samples

Acceptance of the Site. 12.1.1 For the purposes of this Development Agreement, the Developer shall be deemed to have: a) inspected the Site in its entirety and its surroundings, access, easement of any third party etc.; b) satisfied itself as to the nature of the climatic, hydrological and general physical conditions of the Site, the nature of the ground and subsoil, the form and nature of the Assets permitted to be developed at the Site, and the nature of the design, work and materials necessary for the performance of its obligations under the Development Agreement; c) satisfied itself as to the means of communication with, access to and accommodation at the Site, it may require or as may be otherwise necessary for the performance of its obligations under the Development Agreement; d) satisfied itself as to the usefulness, usability etc. of the Site; e) Executed the Development Agreement, the right of access to the Site and accepted the Site in terms of the Development Agreement and/or Development Agreement on and "as is where is basis"; f) unconditionally waived its claim against BSHB in respect of the Site including in respect of failure to obtain the Applicable Permits; and, g) obtained for itself all necessary information as to the risks, contingencies and all other circumstances which may influence or affect its rights and obligations hereunder and its other rights and obligations under or pursuant to the Development Agreement. 12.1.2 The Developer expressly acknowledges that it shall have no recourse against BSHB in the event of any mistake made or misapprehension harboured by the Developer in relation to any of the foregoing provisions of this Clause 12.1 and BSHB hereby expressly disclaims any liability in respect thereof. 12.1.3 The Developer acknowledges that prior to the execution of the Development Agreement, it has, after a complete and careful examination, made an independent evaluation of the Site as a whole and has determined the nature and extent of the difficulties, inputs, costs, time, resources, risks and hazards that are likely to arise or may be faced by it in the course of the performance of its obligations under the Development Agreement. The Developer further acknowledges that it shall have no recourse against BSHB if it is, at a later date, found that the Site is deficient in any manner whatsoever (hereinafter referred to as the "Deficiency"). If a Deficiency is found, the Developer acknowledges and agrees that it shall, at its own cost, take all approp...
View SourceView Similar (3)
Acceptance of the Site. (i) For the purposes of this Agreement, the Developer shall be deemed to have:- (a) inspected the Site in its entirety and its surroundings ; (b) satisfied itself as to the nature of the climatic, hydrological and general physical conditions of the Site, the nature of the ground and subsoil, the form and nature of the Assets permitted to be developed at the Site, and the nature of the design, work and materials necessary for the performance of its obligations under this Agreement. (c) satisfied itself as to the means of communication with, access to and accommodation at the Site, it may require or as may be otherwise necessary for the performance of its obligations under this Agreement; (d) obtained for itself all necessary information as to the risks, contingencies and all other circumstances which may influence or affect its rights and obligations hereunder and its other rights and obligations under or pursuant to this Agreement. (ii) The Developer expressly acknowledges that it shall have no recourse against BSHB in the event of any mistake made or misapprehension harbored by the Developer in relation to any of the foregoing provisions of this Article 2.2.3 and BSHB hereby expressly disclaims any liability in respect thereof.
View Source
Acceptance of the Site. Obligation to Perform Demolition Work, Company’s Documents
View Source
Acceptance of the Site shall not be prevented or delayed as a result of any minor or cosmetic defect, provided that We use Our reasonable endeavours to correct such minor or cosmetic defect as soon as reasonably practicable after Acceptance of the Site.
View Source

Related to Acceptance of the Site

  • Acceptance of the Work 19.1 No act of, or failure to act by, the Owner or the OWNER'S REPRESENTATIVE during the course of the Work, nor any extension of time for the completion of the Work, shall be regarded as an acceptance of such Work or any part thereof, or of materials used therein, either wholly or in part. Acceptance shall be evidenced only by the Final Payment by the Owner to Contractor. Before any final certificate shall issue, Contractor shall execute an affidavit on the certificate that it accepts the same in full payment and settlement of all claims on account of Work done and materials furnished under this Contract, and that all claims for materials provided or labor performed have been paid or set aside in full. No waiver of any breach of this Contract by the Owner or anyone acting on Owner's behalf shall be held as a waiver of any other subsequent breach thereof. 19.2 Contractor agrees to guarantee all work under this Contract for a period of one year from the date of Final Payment by the Owner or within such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required under terms of Owner’s conditional acceptance of elements of the Work the Owner deems marginally substandard. If any unsatisfactory condition or damage develops within the time of this guarantee period due to materials or workmanship that are defective, inferior, or not in accordance with the Contract, as reasonably determined by the Owner or the OWNER’S REPRESENTATIVE, then the Contractor shall, when notified by the Owner or OWNER’S REPRESENTATIVE, immediately place such guaranteed Work in a condition satisfactory to the Owner or OWNER’S REPRESENTATIVE. Such guarantee shall be in addition to any implied warranty under law or other manufacturer’s or product supplier’s warranty. The provisions of this Article apply to Work done by Subcontractors as well as to Work done by direct employees of the Contractor, and are in addition to any other remedies or warranties provided by law.

  • Acceptance of the Premises ‌ 3.1. “As Is” Condition of the Premises‌ The Lessee agrees to lease the Premises in their existing “as is” condition and acknowledges that in entering into this Lease, the Lessee does not rely on, and the Lessor does not make, any express or implied representations or warranties as to any matters, including any characteristics of the Premises or Improvements thereon, the suitability of the Premises for the intended use, the likelihood of deriving trade from or other characteristics of the Park Area, the economic or programmatic feasibility of the Lessee’s use and occupancy of the Premises, or Hazardous Materials on or in the vicinity of the Premises.

  • Acceptance of the Terms of Use These terms of use are entered into by and between You and Wealth Dynamics, LLC (“Company,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the “Terms of Use”), govern your access to and use of ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, including any content, functionality, and services offered on or through ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ (the “Website”), whether as a guest or a registered user. Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/▇▇▇▇▇▇-▇▇▇▇▇▇▇-▇▇▇▇▇▇▇▇▇, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website. This Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

  • MAINTENANCE OF THE SAID BUILDING APARTMENT / PROJECT

  • Acceptance of Premises Except as expressly provided in this Lease, Tenant acknowledges that neither Landlord nor any representative of Landlord has made any representation or warranty with respect to the Premises, the Building or the Project. No representation or warranty is made concerning the suitability or fitness of the Premises, the Building or the Project for any purpose, including without limitation any representations or warranties regarding the compliance of Tenant’s use of the Premises with the applicable zoning or regarding any other land use matters, and Tenant shall be solely responsible as to such matters. Further, neither Landlord nor any representative of Landlord has made any representations or warranties regarding (i) what other tenants or uses may be permitted or intended in the Building or the Project, (ii) any exclusivity of use by Tenant with respect to its permitted use of the Premises as set forth in Item 3 of the Basic Lease Provisions, or (iii) any construction of portions of the Project not yet completed. Except as expressly provided in this Lease, Tenant’s lease of the Premises shall be on an “as is” basis. Landlord shall, at its sole cost and expense, construct, repair and/or replace the items set forth on Schedule A attached to this Lease (collectively, the “Landlord’s Work”). The Landlord’s Work shall be constructed in a good and workmanlike manner in compliance with all applicable building codes and permits, and in accordance with the scheduled completion dates for each component of the Landlord’s Work set forth on attached Schedule A. Landlord shall obtain any customary manufacturers/installers warranties for the Landlord’s Work. Except as expressly provided in this Lease, Tenant shall be conclusively deemed to have accepted the Premises and those portions of the Building and Project in which Tenant has any rights under this Lease as of the “Early Occupancy Date” (as defined in Section 3.2), which acceptance shall mean that it is conclusively established that the Premises and those portions of the Building and Project in which Tenant has any rights under this Lease were in satisfactory condition and in conformity with the provisions of this Lease, subject only to (1) those defective or incomplete portions of the Landlord’s Work which Tenant shall have itemized on a written punch list and delivered to Landlord within forty-five (45) days following Landlord’s written notice(s) that the Landlord’s Work has been substantially completed (or within forty five (45) days following the date of this Lease for items of Landlord’s Work designated as “complete” on the attached Schedule A), and (2) Landlord’s obligations expressly set forth in Section 2.4 below. Landlord shall correct any deficiencies with the Landlord’s Work promptly following delivery of the itemized punch list therefor as provided in the foregoing. Landlord shall also provide two (2) allowances to Tenant as follows: (a) Sixteen Thousand Seven Hundred Dollars ($16,700.00) (the “Access Control Allowance”) towards the cost to repair and/or replace the access control system in the Premises (the “Access Control Work”); and (b) Three Hundred thousand Dollars ($300,000.00) (the “Floor Surface Allowance”) towards the cost of bead blasting, repairing and otherwise preparing the surface of the Building’s slab as more particularly provided in that certain proposal from ▇▇▇▇▇▇’▇ Rug dated June 1, 2005, a copy of which proposal is attached hereto as Exhibit J (the “Floor Surfacing Work”). Tenant shall obtain those warranties from the manufacturers/installers for the Access Control Work and for the Floor Surfacing Work satisfactory to Tenant in its sole discretion, and Landlord shall have no liability whatsoever for the Access Control Work and/or for the Floor Surfacing Work beyond payment of the applicable allowance therefor. Sums from each of the allowances shall be paid within thirty (30) days of Landlord’s receipt of an invoice(s) with respect to the covered work. Promptly from and after the full execution and delivery of this Lease, Landlord shall deliver possession of the Premises to Tenant (such date of delivery of possession (the “Delivery Date”) for Tenant’s construction of those tenant improvements (the “Tenant Improvements”) in the Premises as provided in, and subject to the terms and conditions of, the Work Letter attached as Exhibit X hereto (the “Work Letter”).