Common use of Access; Acceptance of Work Clause in Contracts

Access; Acceptance of Work. Landlord shall afford Tenant and its employees, agents and contractors access to the Building, at reasonable times and at Tenant’s sole risk and expense, for: (i) purposes of inspecting and verifying the performance of Tenant Work, and shall advise Landlord promptly of any objection to the performance of such work; (ii) the performance of Direct Tenant Work; and (iii) the installation of furniture, furnishings and trade fixtures, so long as the performance of the activities outlined in subparagraphs (i), (ii) and (iii) above do not unreasonably interfere with the performance of Tenant Work by Landlord. Access for such purposes shall not be deemed to constitute possession, use or occupancy. Landlord shall promptly undertake and diligently prosecute the correction of any defective work of which it is notified as aforesaid. Upon substantial completion of Landlord’s Tenant Work as described in subsection (i) below, it shall be conclusively deemed that all work theretofore performed by or on behalf of Landlord and not objected to by Tenant as aforesaid was satisfactorily performed in accordance with and meeting the requirements of this Lease. The foregoing presumption shall not apply, however, to latent defects in such work which could not reasonably have been discovered theretofore, provided Tenant notifies Landlord thereof within one (1) year after the Commencement Date. Landlord hereby warrants the construction of Tenant Work for a period of one (1) year after the final completion of the Tenant Work.

Appears in 1 contract

Sources: Lease Agreement (MEDecision, Inc.)

Access; Acceptance of Work. Landlord shall afford Tenant and its employees, agents and contractors access to the Building, at reasonable times prior to the Commencement Date and at Tenant’s sole risk and expense, for: (i) purposes of inspecting and verifying the performance of Tenant Work, and shall advise Landlord promptly of any objection to the performance of such work; (ii) the performance of Direct Tenant Work; and (iii) the installation of furniture, furnishings and trade fixtures, so long as the performance of the activities outlined in subparagraphs (i), (ii) and (iii) above do not unreasonably interfere with the performance of Tenant Work by Landlord. Access for such purposes shall not be deemed to constitute possession, use or occupancy. Landlord shall promptly undertake and diligently prosecute the correction of any defective work of which it is notified as aforesaid. Upon substantial completion of Landlord’s Tenant Work as described in subsection (i) belowOn the Commencement Date, it shall be conclusively deemed that all work theretofore performed by or on behalf of Landlord and not objected to by Tenant as aforesaid was satisfactorily performed in accordance with and meeting the requirements of this Lease. The foregoing presumption shall not apply, however, to latent defects in such work which could not reasonably have been discovered theretofore, provided Tenant notifies Landlord thereof within one (1) year after the Commencement Date. Landlord hereby warrants the construction of Tenant Work for a period of one (1) year after the final completion of the Tenant Work.

Appears in 1 contract

Sources: Lease Agreement (MEDecision, Inc.)