Delivery Clause Example with 17 Variations from Business Contracts
This page contains Delivery clauses in business contracts and legal agreements. An example clause is provided at the top of the page, followed by clauses with minor variations. You can view the text differences by selecting the "Show Differences" option.
Delivery. Landlord shall use reasonable efforts to deliver ("Delivery" or "Deliver") the Expansion Premises to Tenant on or before the Target Expansion Premises Commencement Date. The "Target Expansion Premises Commencement Date" shall be June 1, 2015. If Landlord fails to timely Deliver the Expansion Premises, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Second Amendment shall not be void or voidable. The "Expansion Premises Commencement Date" shall be the d...ate that Landlord Delivers the Expansion Premises to Tenant. Upon the request of Landlord, Tenant shall execute and deliver a written acknowledgment of the Expansion Premises Commencement Date in substantially the form of the "Acknowledgement of Commencement Date" attached to the Lease as Exhibit D; provided, however, Tenant's failure to execute and deliver such acknowledgment shall not affect Landlord's rights hereunder. Except as otherwise set forth in this Second Amendment: (i) Tenant shall accept the Expansion Premises in their "as-is" condition as of the Expansion Premises Commencement Date, subject to all applicable Legal Requirements; (ii) Landlord shall have no obligation for any defects in the Expansion Premises; and (iii) Tenant's taking possession of the Expansion Premises shall be conclusive evidence that Tenant accepts the Expansion Premises and that the Expansion Premises were in good condition as of the Expansion Premises Commencement Date. 1 Except as otherwise provided in this Second Amendment, Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of all or any portion of the Expansion Premises, and/or the suitability of the Expansion Premises for the conduct of Tenant's business, and Tenant waives any implied warranty that the Expansion Premises are suitable for the Permitted Use.View More
Variations of a "Delivery" Clause from Business Contracts
Delivery. Landlord shall use reasonable efforts to deliver ("Delivery" or "Deliver") the First Expansion Premises to Tenant on or before 1 business day after the Target mutual execution and delivery of this First Amendment for the construction by Tenant of the Tenant Improvements. The "First Expansion Premises Commencement Date. The "Target Expansion Premises Commencement Date" shall be June 1, 2015. If Landlord fails to timely Deliver the Expansion Premises, Landlord shall not be liable to Tenant for any... loss or damage resulting therefrom, and this Second Amendment shall not be void or voidable. The "Expansion Premises Commencement Date" shall be the date that Landlord Delivers the First Expansion Premises to Tenant. The "First Expansion Premises Rent Commencement Date" shall be the earlier to occur of (i) the date that the Tenant Improvements are Substantially Completed or (ii) February 28, 2021; provided, however, that in no event shall the First Expansion Premises Rent Commencement Date occur prior to January 1, 2021. As used herein, the terms "Tenant Improvements" and "Substantially Completed" shall have the meanings set forth for such terms in the work letter attached to this First Amendment as Exhibit B ("First Expansion Premises Work Letter"). Upon the request of Landlord, Tenant either party, the parties shall execute and deliver a written acknowledgment of the First Expansion Premises Commencement Date and First Expansion Premises Rent Commencement Date in substantially the a form of the "Acknowledgement of Commencement Date" attached here to the Lease as Exhibit D; C; provided, however, Tenant's the failure to execute and deliver such acknowledgment shall not affect Landlord's the parties' rights hereunder. Except as otherwise set forth in this Second Amendment: the First Expansion Premises Work Letter: (i) Tenant shall accept the First Expansion Premises in their "as-is" condition as of the date Landlord Delivers the First Expansion Premises Commencement Date, subject to all applicable Legal Requirements; Tenant; (ii) Landlord shall have no obligation for any defects in the First Expansion Premises; and (iii) Tenant's taking possession of the First Expansion Premises shall be conclusive evidence that Tenant accepts the First 1 Expansion Premises and that the First Expansion Premises were in good condition as at the time possession was taken. If Tenant does not elect to lease the ROFO Premises (as defined below) pursuant to Section 13 of this First Amendment, Landlord shall construct, at Landlord's sole cost and expense, the common corridor contemplated on Exhibit A which (i) if Landlord reasonably determines that the corridor can be a non-rated corridor, Landlord estimates it will take approximately 20 weeks to design, permit and construct the corridor and (ii) if Landlord reasonably determines that the corridor must be a rated corridor, Landlord estimates it will take approximately 28 weeks to design, permit and construct the corridor. To be sure, either time period (20 weeks for a non-rated corridor or 28 weeks for rated corridor) begins to run from the earlier of (x) the date that Tenant notifies Landlord in writing that Tenant forever waives its right under Section 13 to lease the ROFO Premises and (y) the expiration of the 30 day period provided for in the first sentence of Section 13(a) with Tenant having not elected to exercise its right to lease the ROFO Premises. For the period of 30 consecutive days after the First Expansion Premises Commencement Date. 1 Except as otherwise provided Date, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are required to be made to the Building Systems exclusively serving the First Expansion Premises, unless Tenant or any Tenant Party was responsible for the cause of such repair, in this Second Amendment, which case Tenant shall pay the cost. Tenant agrees and acknowledges that that, except as expressly provided for herein, neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of all or any portion of the First Expansion Premises, and/or the suitability of the First Expansion Premises for the conduct of Tenant's business, and Tenant waives any implied warranty that the First Expansion Premises are suitable for the Permitted Use. View More
Delivery. Landlord shall use reasonable efforts to deliver ("Delivery" or "Deliver") possession of the Fourth Expansion Premises to Tenant ("Deliver" or "Delivery") for the performance by Tenant of the Tenant Improvements in the Fourth Expansion Premises on or before the Target Fourth Expansion Premises Commencement Date. The "Target Fourth Expansion Premises Commencement Date" shall be June September 1, 2015. 2019. If Landlord fails to timely Deliver the Fourth Expansion Premises, Landlord shall not be l...iable to Tenant for any loss or damage resulting therefrom, and this Second Amendment the Lease with respect to the Fourth Expansion Premises shall not be void or voidable. As used herein, the term "Tenant Improvements" shall have the meaning set forth for such term in the Sixth Amendment Work Letter attached to this Sixth Amendment as Exhibit B. The "Expansion "Fourth Expansion Premises Commencement Date" shall be the date that Landlord Delivers the Fourth Expansion Premises to Tenant. The "Fourth Expansion Premises Rent Commencement Date" shall be the date that is 4 months after the Fourth Expansion Premises Commencement Date. Upon the request of Landlord, Tenant shall execute and deliver a written 1 acknowledgment of the Fourth Expansion Premises Commencement Date and the Fourth Expansion Premises Rent Commencement Date in substantially the form of the "Acknowledgement of Commencement Date" attached to the Lease as Exhibit D; provided, however, Tenant's failure to execute and deliver such acknowledgment shall not affect Landlord's either party's rights hereunder. Except as otherwise set forth in this Second Amendment: the Sixth Amendment Work Letter: (i) Tenant shall accept the Fourth Expansion Premises in their "as-is" condition as of the Fourth Expansion Premises Commencement Date, subject to all applicable Legal Requirements; (ii) Landlord shall have no obligation for any defects in the Fourth Expansion Premises; and (iii) (ii) Tenant's taking possession of the Fourth Expansion Premises shall be conclusive evidence that Tenant accepts the Fourth Expansion Premises and that the Fourth Expansion Premises were in good condition as of at the Expansion Premises Commencement Date. 1 Except as otherwise provided in this Second Amendment, time possession was taken. Tenant agrees and acknowledges that that, except as otherwise expressly set forth in this Sixth Amendment or in the Lease, neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of all or any portion of the Fourth Expansion Premises, and/or the suitability of the Fourth Expansion Premises for the conduct of Tenant's business, and Tenant waives any implied warranty that the Fourth Expansion Premises are suitable for the Permitted Use. View More
Delivery. Landlord shall use reasonable efforts to deliver ("Delivery" ("Deliver" or "Deliver") "Delivery") the Third Expansion Premises to Tenant on or before the Target Third Expansion Premises Target Commencement Date. Date for Tenant's performance of the Tenant Improvements (as defined in the Work Letter) under the work letter attached to this Third Amendment as Exhibit B (the "Work Letter"). The "Target "Third Expansion Premises Target Commencement Date" shall be June 1, 2015. If Landlord fails to ti...mely Deliver the August 24, 2016. The "Third Expansion Premises, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Second Amendment shall not be void or voidable. The "Expansion Premises Commencement Date" shall be the date that Landlord Delivers the Third Expansion Premises to Tenant. The "Expansion Premises Rent Commencement Date" shall be the earlier to occur of (i) the date that Tenant Substantially Completes (as such term is defined in the Work Letter) the Tenant Improvements in the Third Expansion Premises, or (ii) November 14, 2016. Upon the request of Landlord, Tenant shall execute and deliver a written acknowledgment of the Third Expansion Premises Commencement Date and the Third Expansion Premises Rent Commencement Date in substantially the form of the "Acknowledgement of Commencement Date" attached to the Lease as Exhibit D; provided, however, Tenant's failure to execute and deliver such acknowledgment shall not affect Landlord's rights hereunder. Except as otherwise set forth in this Second Third Amendment: (i) Tenant shall accept the Third Expansion Premises in their "as-is" condition as of the Third Expansion Premises Commencement Date, 1 subject to all applicable Legal Requirements; (ii) Landlord shall have no obligation for any defects in the Third Expansion Premises; and (iii) Tenant's taking possession of the Third Expansion Premises shall be conclusive evidence that Tenant accepts the Third Expansion Premises. Notwithstanding anything to the contrary contained in this Third Amendment, Tenant and Landlord acknowledge and agree that the effectiveness of this Third Amendment shall be subject to the following condition precedent ("Condition Precedent") having been satisfied: Landlord shall have entered into a lease termination agreement ("Termination Agreement") on or before July 1, 2016, with the existing tenant of the Third Expansion Premises pursuant to which such existing tenant agrees to terminate its Lease with respect to the Third Expansion Premises, which Termination Agreement shall be on terms and conditions acceptable to Landlord, in Landlord's sole and absolute discretion. In the event that the Expansion Premises were in good condition as Condition Precedent is not satisfied, Landlord shall have the right to terminate this Third Amendment upon delivery of written notice to Tenant. Landlord shall have no liability whatsoever to Tenant relating to or arising from Landlord's inability or failure to cause the Expansion Premises Commencement Date. 1 Condition Precedent to be satisfied. Except as otherwise provided in this Second Third Amendment, Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of all or any portion of the Third Expansion Premises, and/or the suitability of the Third Expansion Premises for the conduct of Tenant's business, and Tenant waives any implied warranty that the Third Expansion Premises are suitable for the Permitted Use. View More
Delivery. The "Second Expansion Premises Delivery Date" shall be one (1) business day after the mutual execution of this Eleventh Amendment by the parties. Landlord shall use reasonable efforts to deliver ("Delivery" or "Deliver") the Second Expansion Premises to Tenant on or before the Target Second Expansion Premises Commencement Delivery Date. The "Target "Second Expansion Premises Commencement Date" shall be June the earlier of (i) September 1, 2015. If Landlord fails to timely Deliver 2022 and (ii) t...he date upon which the Premises Improvements (as defined in Section 3 below) are substantially completed. The "Second Expansion Premises, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Second Amendment shall not be void or voidable. The "Expansion Premises Rent Commencement Date" shall be the date that Landlord Delivers is 6 months following the Expansion Premises to Tenant. Upon the request of Landlord, Tenant shall execute and deliver a written acknowledgment of the Second Expansion Premises Commencement Date in substantially the form of the "Acknowledgement of Commencement Date" attached to the Lease as Exhibit D; provided, however, Tenant's failure to execute and deliver such acknowledgment shall not affect Landlord's rights hereunder. Date. Except as otherwise expressly set forth in this Second Amendment: Eleventh Amendment or the Lease: (i) Tenant shall accept the Second Expansion Premises in their "as-is" condition as of the Second Expansion Premises Commencement Date, subject to all applicable Legal Requirements; Delivery Date; (ii) Landlord shall have no obligation for any defects in the Second Expansion Premises; and (iii) Tenant's taking possession of the Second Expansion Premises shall be conclusive evidence that Tenant accepts the Second Expansion Premises and that the Second Expansion Premises were in good condition as of at the Expansion Premises Commencement Date. 1 time possession was taken. Except as otherwise provided expressly set forth in this Second Eleventh Amendment, Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of all or any portion of the Second Expansion Premises, and/or the suitability of the Second Expansion Premises for the conduct of Tenant's business, and Tenant waives any implied warranty that the Second Expansion Premises are suitable for the Permitted Use. permitted use under the Lease. View More
Delivery. Landlord shall use reasonable efforts to deliver ("Delivery" or "Deliver") the Second Expansion Premises to Tenant on or before the Target Second Expansion Premises Commencement Date. The "Target Expansion Premises Commencement Date" shall be June 1, 2015. Date with Landlord's Work Substantially Completed ("Delivery" or "Deliver"). If Landlord fails to timely Deliver the Second Expansion Premises, Premises to Tenant by the date that is 75 days after the Target Second Expansion Premises Commencem...ent Date for any reason other than Force Majeure (including Covid-19) or Tenant Delays, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, therefrom; provided, however, that Tenant shall have the right to terminate this Second Amendment by written notice to Landlord. As used herein, the terms "Landlord's Work," "Tenant Delays" and "Substantially Completed" shall have the meanings set forth for such terms in the work letter attached to this Second Amendment as Exhibit B ("Second Expansion Premises Work Letter"). If Tenant does not elect to terminate this Second Amendment within 5 business days of the lapse of such 75 day period (as the same may be extended for Force Majeure (including Covid-19) and Tenant Delay), such right to terminate this Second Amendment shall be waived and this Second Amendment shall remain in full force and effect. For the sake of clarity, Tenant shall have no obligation under Section 8.5 of the Lease or the Second Expansion Premises Work Letter to remove any of the Alterations or improvements constructed in connection with Landlord's Work. If, for any reason other than Tenant Delays, Landlord has not commenced demolition of the exiting leasehold improvements in the Second Expansion Premises in preparation for construction of the Tenant Improvements by October 15, 2020, Tenant shall have the right to elect to terminate this 1 Second Amendment by written notice to Landlord. If Tenant does not elect to terminate this Second Amendment within 5 business days after the date provided for in the preceding sentence (as extended by Tenant Delays), such right to terminate this Second Amendment shall be void or voidable. waived and this Second Amendment shall remain in full force and effect. The "Expansion "Second Expansion Premises Commencement Date" shall be the earlier to occur of: (i) the date that Landlord Delivers the Second Expansion Premises to Tenant. Tenant, or (ii) the date that Landlord could have delivered the Second Expansion Premises to Tenant but for Tenant Delays. The "Target Second Expansion Premises Commencement Date" shall be November 1, 2020. Upon the request of Landlord, Tenant shall execute and deliver a written acknowledgment of the Second Expansion Premises Commencement Date in substantially the a form of the "Acknowledgement of Commencement Date" attached here to the Lease as Exhibit D; C; provided, however, Tenant's failure to execute and deliver such acknowledgment shall not affect Landlord's the parties' rights hereunder. Except as otherwise set forth in this the Second Amendment: Expansion Premises Work Letter: (i) Tenant shall accept the Second Expansion Premises in their "as-is" condition as of the date Landlord Delivers the Second Expansion Premises Commencement Date, to Tenant, subject to all applicable Legal Requirements; (ii) Landlord shall have no obligation for any defects in the Second Expansion Premises; and (iii) Tenant's taking possession of the Second Expansion Premises shall be conclusive evidence that Tenant accepts the Second Expansion Premises and that the Second Expansion Premises were in good condition as at the time possession was taken, subject to the last sentence of the Expansion Premises Commencement Date. 1 Except as otherwise provided in this Second Amendment, Section 2. Tenant agrees and acknowledges that that, except as expressly provided for herein, neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of all or any portion of the Second Expansion Premises, and/or the suitability of the Second Expansion Premises for the conduct of Tenant's business, and Tenant waives any implied warranty that the Second Expansion Premises are suitable for the Permitted Use. If any of the Building systems serving the Second Expansion Premises are not in good working order as of the Second Expansion Premises Commencement Date, Landlord shall repair such Building systems; provided, however, that Tenant notifies Landlord in writing of the need for such repairs within 60 days after the Second Expansion Premises Commencement Date. View More
Delivery. Landlord shall use reasonable efforts to deliver ("Delivery" ("Deliver" or "Deliver") "Delivery") the Fourth Expansion Premises to Tenant on or before the Target Fourth Expansion Premises Target Commencement Date. The "Target Expansion Premises Commencement Date" shall be June 1, 2015. If Landlord fails to timely Deliver the Fourth Expansion Premises, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Second Amendment the Lease shall not be void or voidab...le. The "Expansion "Fourth Expansion Premises Target Commencement Date" shall be February 1, 2017. The "Fourth Expansion Premises Commencement Date" shall be the date that Landlord Delivers the Fourth Expansion Premises to Tenant. Upon the request of Landlord, Tenant shall execute and deliver a written acknowledgment of the Fourth Expansion Premises Commencement Date in substantially the form of the "Acknowledgement of Commencement Date" attached to the Lease as Exhibit D; provided, however, Tenant's failure to execute and deliver such acknowledgment shall not affect Landlord's rights hereunder. Except as otherwise set forth in this Second Fourth Amendment: (i) Tenant shall accept the Fourth Expansion Premises in their "as-is" condition as of the Fourth Expansion Premises Commencement Date, subject to all applicable Legal Requirements; (ii) Landlord shall have no obligation for any defects in the Fourth Expansion Premises; and (iii) Tenant's taking possession of the Fourth Expansion Premises shall be conclusive evidence that Tenant accepts the Fourth Expansion Premises and that the Expansion Premises were in good condition as of the Expansion Premises Commencement Date. Premises. 1 Except as otherwise provided in this Second Fourth Amendment, Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of all or any portion of the Fourth Expansion Premises, and/or the suitability of the Fourth Expansion Premises for the conduct of Tenant's business, and Tenant waives any implied warranty that the Fourth Expansion Premises are suitable for the Permitted Use. View More
Delivery. Landlord shall use reasonable diligent efforts to achieve Substantial Completion of Landlord's Work and deliver the Third Expansion Premises ("Delivery" or "Deliver") the Expansion Premises to Tenant on or before the Target Third Expansion Premises Commencement Date. The "Target Expansion Premises Commencement Date" Date (which date shall be June 1, 2015. subject to Force Majeure delays and Tenant Delays). If Landlord fails to timely Deliver the Third Expansion Premises, Landlord shall not be li...able to Tenant for any loss or damage resulting therefrom, and this Second Amendment the Lease with respect to the Third Expansion Premises shall not be void or voidable. As used herein, the terms "Landlord's Work," "Tenant Delays" and "Substantial Completion" shall have the meanings set forth for such terms in the work letter attached to this Sixth Amendment as Exhibit B ("Third Expansion Premises Work Letter"). The "Expansion "Third Expansion Premises Commencement Date" shall be the earlier to occur of: (i) the date that Landlord Delivers delivers the Third Expansion Premises to Tenant. Tenant, or (ii) the date that Landlord could have delivered to Third Expansion Premises to Tenant but for Tenant Delays. The "Target Third Expansion Premises Commencement Date" shall be January 1, 2019. Upon the request of Landlord, Tenant shall (absent manifest error) execute and deliver a written acknowledgment of the Third Expansion Premises Commencement Date and the expiration date in a form substantially similar to the form of the "Acknowledgement of Commencement Date" attached to the Lease as Exhibit D; provided, however, Tenant's failure to execute and deliver such acknowledgment shall not affect Landlord's rights hereunder. Except as otherwise set forth in this Second Amendment: the Third Expansion Premises Work Letter: (i) Tenant shall accept the Third Expansion Premises in their "as-is" condition as of the Third Expansion Premises Commencement Date, subject to all applicable Legal Requirements; (ii) Landlord shall have no obligation for any defects in the Third Expansion Premises; and (iii) Tenant's taking possession of the Third Expansion Premises shall be conclusive evidence that Tenant accepts the Third Expansion Premises and that the Third Expansion Premises were in good condition as of at the Expansion Premises Commencement Date. 1 Except as otherwise provided in this Second Amendment, time possession was taken. Tenant agrees and acknowledges that that, except as otherwise expressly set forth in this Sixth Amendment or the Third Expansion Premises Work Letter, neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of all or any portion of the Third Expansion Premises, and/or the suitability of the Third Expansion Premises for the conduct of Tenant's business, and Tenant waives any implied warranty that the Third Expansion Premises are suitable for the Permitted Use. View More
Delivery. The "Expansion Premises Delivery Date" shall be one (1) business day after the mutual execution of this Tenth Amendment by the parties. Landlord shall use reasonable efforts to deliver ("Delivery" or "Deliver") the Expansion Premises to Tenant on or before the Target Expansion Premises Commencement Delivery Date. The "Target Expansion Premises Commencement Date" shall be June 1, 2015. If Landlord fails to timely Deliver the Expansion Premises, Landlord shall not be liable to Tenant for any loss ...or damage resulting therefrom, and this Second Amendment shall not be void or voidable. The "Expansion Premises Commencement Date" shall be the earlier of (i) April 1, 2022 and (ii) the date upon which the Premises Improvements (as defined in Section 3 below) are substantially completed. The "Expansion Premises Rent Commencement Date" shall be the date that Landlord Delivers the Expansion Premises to Tenant. Upon the request of Landlord, Tenant shall execute and deliver a written acknowledgment of is 6 months following the Expansion Premises Commencement Date in substantially the form of the "Acknowledgement of Commencement Date" attached to the Lease as Exhibit D; provided, however, Tenant's failure to execute and deliver such acknowledgment shall not affect Landlord's rights hereunder. Date. Except as otherwise expressly set forth in this Second Amendment: Tenth Amendment or the Lease: (i) Tenant shall accept the Expansion Premises in their "as-is" condition as of the Expansion Premises Commencement Date, subject to all applicable Legal Requirements; Delivery Date; (ii) Landlord shall have no obligation for any defects in the Expansion Premises; and (iii) Tenant's taking possession of the Expansion Premises shall be conclusive evidence that Tenant accepts the Expansion Premises and that the Expansion Premises were in good condition as at the time possession was taken. For the period of 365 consecutive days after the Expansion Premises Commencement Date. 1 Delivery Date, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are required to be made to the 3303 Building systems, unless Tenant or any of Tenant's Agents was responsible for the cause of such repair, in which case Tenant shall pay the cost. For the avoidance of doubt, Landlord's obligations under the prior sentence shall apply to such repairs which Tenant notifies Landlord of in writing during such 365 period, even if the repair then occurs after the expiration of such 365 day period. Except as otherwise provided expressly set forth in this Second Tenth Amendment, Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of all or any portion of the Expansion Premises, and/or the suitability of the Expansion Premises for the conduct of Tenant's business, and Tenant waives any implied warranty that the Expansion Premises are suitable for the Permitted Use. permitted use under the Lease. View More
Delivery. Landlord shall use reasonable efforts to deliver ("Delivery" or "Deliver") the Second Expansion Premises ("Deliver" or "Delivery") to Tenant on or before the April 1, 2020 (the "Second Expansion Target Expansion Premises Commencement Date. The "Target Expansion Premises Commencement Date" shall be June 1, 2015. Date"). If Landlord fails to timely Deliver the Second Expansion Premises, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and the Lease and this Second... Amendment shall not be void or voidable. The "Expansion "Second Expansion Commencement Date" shall occur on the date that Landlord delivers the Second Expansion Premises to Tenant. The "Second Expansion Rent Commencement Date" shall be the date that Landlord Delivers the Expansion Premises to Tenant. substantially completes Landlord's Work. Upon the request of Landlord, Tenant shall execute and deliver a written acknowledgment of the Second Expansion Premises Commencement Date and the Second Expansion Premises Rent Commencement Date in a form substantially similar to the form of the "Acknowledgement of Second Expansion Premises Commencement Date" attached to the Lease hereto as Exhibit D; provided, however, Tenant's failure to execute and deliver such acknowledgment shall not affect Landlord's the parties' rights hereunder. Except 1 Tenant acknowledges that Landlord shall require access to portions of the Premises after the Second Expansion Premises Commencement Date in order to complete Landlord's Work (as defined below). Landlord and its contractors and agents shall have the right to enter portions of the Premises to perform Landlord's Work and Tenant shall cooperate with Landlord in connection with the same. Tenant acknowledges that Landlord's Work may adversely affect Tenant's use and occupancy of the Premises. Tenant shall have no right to abate, reduce or set-off any Rent in connection with Landlord's Work. As used herein, "Landlord's Work" shall mean (i) converting the existing lab area in the Second Expansion Premises identified on Exhibit B attached hereto to open office space, (ii) remove the wall identified on Exhibit B attached hereto to connect the 2 office areas and add soffit (keeping the existing ceiling), (iii) close off the existing door identified on Exhibit B attached hereto, (iv) paint the Second Expansion Premises using Building standard colors, and (v) install new carpet in the Second Expansion Premises using Building standard colors and materials, all as otherwise set forth in this reasonably determined by Landlord. Landlord's Work shall be performed by Landlord at Landlord's sole cost and expense. Landlord shall use its reasonable efforts to substantially complete Landlord's Work within 4 weeks after the Second Amendment: Expansion Premises Commencement Date. Tenant hereby agrees that: (i) Tenant shall accept the Second Expansion Premises in their "as-is" condition as of the Second Expansion Premises Commencement Date, subject to all applicable Legal Requirements; Date; (ii) Landlord shall have no obligation for any defects in the Second Expansion Premises; and (iii) Tenant's taking possession of the Second Expansion Premises shall be conclusive evidence that Tenant accepts the Second Expansion Premises and that the Second Expansion Premises were in good satisfactory condition as of at the Expansion Premises Commencement Date. 1 Except time possession was taken. Tenant agrees and acknowledges that, except as otherwise provided expressly set forth in this Second Amendment, Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of all or any portion of the Second Expansion Premises, and/or the suitability of the Second Expansion Premises for the conduct of Tenant's business, and Tenant waives any implied warranty that the Second Expansion Premises are suitable for the Permitted Use. View More
Delivery. Landlord shall use reasonable efforts to deliver ("Delivery" or "Deliver") Tenant acknowledges that Tenant occupies the Second Expansion Premises pursuant to Tenant on or before the Target Expansion Premises Commencement Date. Sublease. The "Target "Second Expansion Premises Commencement Date" shall be June July 1, 2015. If Landlord fails to timely Deliver the Expansion Premises, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Second Amendment shall no...t be void or voidable. The "Expansion Premises Commencement Date" shall be the date that Landlord Delivers the Expansion Premises to Tenant. Upon the request of Landlord, Tenant shall execute and deliver a written acknowledgment of the Expansion Premises Commencement Date in substantially the form of the "Acknowledgement of Commencement Date" attached to the Lease as Exhibit D; provided, however, Tenant's failure to execute and deliver such acknowledgment shall not affect Landlord's rights hereunder. Except as otherwise set forth in this Second Third Amendment: (i) Tenant shall accept the Second Expansion Premises in their "as-is" condition as of the Second Expansion Premises Commencement Date, subject to all applicable Legal Requirements; (ii) Landlord shall have no 1 obligation for any defects in the Second Expansion Premises; and (iii) Tenant's taking possession of the Second Expansion Premises shall be conclusive evidence that Tenant accepts the Second Expansion Premises and that the Second Expansion Premises were in good condition as of the Second Expansion Premises Commencement Date. 1 Except as otherwise provided in this Second Third Amendment, Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of all or any portion of the Second Expansion Premises, and/or the suitability of the Second Expansion Premises for the conduct of Tenant's business, and Tenant waives any implied warranty that the Second Expansion Premises are suitable for the Permitted Use. View More
