Common use of DELIVERY AND COMPLETION Clause in Contracts

DELIVERY AND COMPLETION. TENANT HEREBY ACKNOWLEDGES THAT TENANT HAS INSPECTED THE COMMON AREA (AS HEREINAFTER DEFINED) AND THE PREMISES, AND HEREBY (I) ACCEPTS THE COMMON AREA IN "AS IS" CONDITION FOR ALL PURPOSES AND (II) SUBJECT TO LANDLORD'S COMPLETION OF ITS OBLIGATIONS UNDER THE WORK LETTER (HEREIN SO CALLED) ATTACHED HERETO AS EXHIBIT D, TENANT HEREBY ACCEPTS THE PREMISES FOR ALL PURPOSES (INCLUDING THE SUITABILITY OF THE PREMISES FOR THE PERMITTED USE). Landlord will perform or cause to be performed the work and/or construction of Tenant's Improvements (as defined in the Work Letter) in accordance with the terms of the Work Letter and will use commercially reasonable efforts to Substantially Complete (as defined in the Work Letter) Tenant's Improvements by the Commencement Date. If Tenant's Improvements are not Substantially Complete by the Commencement Date set forth in Item 6 of Article 1 for any reason whatsoever, Tenant's sole remedy shall be an adjustment of the Commencement Date and the Expiration Date to the extent permitted under the Work Letter. The Premises shall be delivered to Tenant on the Commencement Date; provided, however, Landlord may, at its sole option, permit the Tenant to have access to the Premises prior to the Commencement Date. Any such occupancy will not affect the Commencement Date; however, such occupancy will be subject to all other provisions of this Lease, including without limitation the indemnity provisions set forth in Section 8.5.1. hereof.

DELIVERY AND COMPLETION. TENANT HEREBY ACKNOWLEDGES THAT TENANT HAS INSPECTED THE COMMON AREA Tenant hereby acknowledges that Tenant has inspected the Common Area (AS HEREINAFTER DEFINEDas hereinafter defined) AND THE PREMISESand the Premises, AND HEREBY and hereby (Ii) ACCEPTS THE COMMON AREA IN "accepts the Common Area in " AS IS" CONDITION FOR ALL PURPOSES AND condition for all purposes and (IIii) SUBJECT TO LANDLORD'S COMPLETION OF ITS OBLIGATIONS UNDER THE WORK LETTER subject to Landlord's completion of its obligations under the Work Letter (HEREIN SO CALLEDherein so called) ATTACHED HERETO AS EXHIBIT attached hereto as Exhibit D, TENANT HEREBY ACCEPTS THE PREMISES FOR ALL PURPOSES Tenant hereby accepts the Premises for all purposes (INCLUDING THE SUITABILITY OF THE PREMISES FOR THE PERMITTED USEincluding the suitability of the Premises for the Permitted Use). Landlord will perform or cause to be performed the work and/or construction of Tenant's Improvements (as defined in the Work Letter) in accordance with the terms of the Work Letter and will use commercially reasonable efforts to Substantially Complete (as defined in the Work Letter) Tenant's Improvements by the Commencement Date. If Tenant's Improvements are not Substantially Complete - by the Commencement Date set forth in Item 6 of Article 1 I for any reason whatsoever, Tenant's sole remedy shall be an adjustment of the Commencement Date and the Expiration Date to the extent permitted under the Work Letter. The Premises shall be delivered to Tenant on the Commencement Date; provided, however, Landlord may, at its sole option, will permit the Tenant to have access to the Premises prior to the Commencement Date. Any such occupancy will not affect the Commencement Date; however, such occupancy will be subject to all other provisions of this Lease, including without limitation the indemnity provisions set forth in Section 8.5.1. hereof. Landlord will be responsible for delivering the space with the HV AC, plumbing, and all mechanical systems in good working order .

DELIVERY AND COMPLETION. TENANT HEREBY ACKNOWLEDGES THAT TENANT HAS INSPECTED THE COMMON AREA Tenant hereby acknowledges that Tenant has inspected the Premises and the Common Areas (AS HEREINAFTER DEFINEDas hereinafter defined) AND THE PREMISES, AND HEREBY and hereby (Ii) ACCEPTS THE COMMON AREA IN "AS IS" CONDITION FOR ALL PURPOSES AND accepts the Common Areas in “as is” condition for all purposes and (IIii) SUBJECT TO LANDLORD'S COMPLETION OF ITS OBLIGATIONS UNDER THE WORK LETTER accepts the Premises (HEREIN SO CALLEDincluding the suitability of the Premises for the Permitted Use) ATTACHED HERETO AS EXHIBIT D, TENANT HEREBY ACCEPTS THE PREMISES FOR ALL PURPOSES (INCLUDING THE SUITABILITY OF THE PREMISES FOR THE PERMITTED USE)for all purposes. Landlord will perform or cause to be performed the work and/or construction of Tenant's ’s Improvements (as defined in the Work Letter) in accordance with the terms of the Work Letter and will use commercially reasonable efforts to Substantially Complete (as defined in the Work Letter) Tenant's ’s Improvements by the Rent Commencement DateDate set forth in Item 7 of the Basic Lease Provisions. If Tenant's ’s Improvements are not Substantially Complete by the Rent Commencement Date set forth in Item 6 7 of Article 1 the Basic Lease Provisions for any reason whatsoeverwhatsoever (including, without limitation, because of any delays caused solely by Landlord), Tenant's ’s sole remedy shall be an adjustment of the Rent Commencement Date and the Expiration Date to the extent permitted under Section 3 of the Work Letter. The Premises shall be delivered to Tenant on the Commencement DateTENANT WAIVES (I) ANY CLAIMS DUE TO DEFECTS IN THE PREMISES, EXCEPT CLAIMS FOR DEFECTS, LATENT OR OTHERWISE, IN THE TENANT IMPROVEMENTS INSTALLED BY LANDLORD PURSUANT TO THE WORK LETTER OF WHICH DEFECTS TENANT GIVES LANDLORD WRITTEN NOTICE WITHIN ONE (1) YEAR AFTER THE TENANT IMPROVEMENTS ARE SUBSTANTIALLY COMPLETE; providedAND (II) ALL EXPRESS AND IMPLIED WARRANTIES OF SUITABILITY, however, Landlord may, at its sole option, permit the Tenant to have access to the Premises prior to the Commencement Date. Any such occupancy will not affect the Commencement Date; however, such occupancy will be subject to all other provisions of this Lease, including without limitation the indemnity provisions set forth in Section 8.5.1. hereofHABITABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.