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") possession of the Second Expansion Premises to Tenant with Landlord's Work (as defined in the Work Letter attached hereto as Exhibit B) in the Second Expansion Premises Substantially Completed ("Delivery" or "Deliver") on or before the Target Second Expansion Premises Commencement Date. The "Target Second Expansion Premises Commencement Date" shall be June August 1, 2015. 2017. If Landlord fails to timely Deliver the Seco...nd Expansion Premises, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this the Lease with respect to the Second Amendment Expansion Premises shall not be void or voidable. The "Expansion "Second Expansion Premises Commencement Date" shall be the earlier of: (i) the date that Landlord Delivers the Second Expansion Premises to Tenant. Tenant; or (ii) the date Landlord could have Delivered the Second Expansion Premises but for Tenant Delays (as defined in the Work Letter). Tenant acknowledges that Landlord shall require access to the Existing Premises following the date of this Fourth Amendment in order to complete certain Landlord's Work. Landlord and its contractors and agents shall have the right to enter the Existing Premises following the date of this Fourth Amendment in order to complete Landlord's Work. Tenant acknowledges that Landlord's completion of Landlord's Work in the Existing Premises may adversely affect Tenant's use and occupancy of the Existing Premises. Landlord shall endeavor to coordinate Landlord's Work in the Existing Premises with Tenant and to minimize interference with Tenant's operations in the Existing Premises in connection with Landlord's Work in the Existing Premises. Tenant waives all claims against Landlord in connection with Landlord's performance of Landlord's Work, including claims for rent abatement. Except as set forth in this Fourth Amendment: (i) Tenant shall accept the Second Expansion Premises in their condition as of the Second Expansion Premises Commencement 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 at the time possession was taken. Upon the request of Landlord, Tenant shall execute and deliver a written acknowledgment of the Second Expansion Premises Commencement Date and the expiration date of the Term in a form substantially similar to the form of the "Acknowledgement "Acknowledgment 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 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") the Seventh Expansion Premises to Tenant on or before the Target Seventh Expansion Premises Commencement Date. The "Target Expansion Premises Commencement Date" shall be June 1, 2015. If Landlord fails to timely Deliver the Seventh Expansion Premises, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Second Amendment the Lease with respect to the Seventh Expansion Premises shall n...ot be void or voidable. The "Expansion "Seventh Expansion Premises Commencement Date" shall be the date that Landlord Delivers delivers the Seventh Expansion Premises to Tenant. The "Seventh Expansion Premises Rent Commencement Date" shall be the earlier of (i) the date that is 60 days after the Seventh Expansion Premises Commencement Date, or (ii) the date that Tenant commences operating its business in any portion of the Seventh Expansion Premises. The "Target Seventh Expansion Premises Commencement Date" shall be June 1, 2019. 731616942.1 1 Except as otherwise set forth in the Lease or this Eighth Amendment: (i) Tenant shall accept the Seventh Expansion Premises in their "as-is" condition as of the Seventh Expansion Premises Commencement Date; (ii) Landlord shall have no obligation for any defects in the Seventh Expansion Premises; and (iii) Tenant's taking possession of the Seventh Expansion Premises shall be conclusive evidence that Tenant accepts the Seventh Expansion Premises and that the Seventh Expansion Premises were in good condition at the time possession was taken. The Seventh Expansion Premises shall be delivered to Tenant without any furniture. Upon the request of Landlord, Tenant shall execute and deliver a written acknowledgment of the Seventh Expansion Premises Commencement Date and the expiration date of the Lease in a form substantially similar to the form of the "Acknowledgement of Commencement Date" attached to the Lease as Exhibit D; G; 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 Seventh Expansion Premises, and/or the suitability of the Seventh Expansion Premises for the conduct of Tenant's business, and Tenant waives any implied warranty that the Seventh Expansion Premises are suitable for the Permitted Use. View More
Delivery. Landlord shall use reasonable efforts to deliver ("Delivery" or "Deliver") the Second Expansion Premises to Tenant on or before 1 business day after 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, mutual execution and delivery of this Second Amendment shall not be void or voidable....for the construction by Tenant of the Tenant Improvements pursuant to the terms of the First Expansion Premises Work Letter attached to the First Amendment as Exhibit B. The "Expansion "Second Expansion Premises Commencement Date" shall be the date that Landlord Delivers the Second Expansion Premises to Tenant. The "Second Expansion Premises Rent Commencement Date" shall be the date that is 7 months after the First Expansion Premises Rent Commencement Date (as defined in the First Amendment). As used herein, the terms "Tenant Improvements" and "Substantially Completed" shall have the meanings set forth for such terms in the First Expansion Premises Work Letter. Upon the request of Landlord, Tenant either party, the parties shall execute and deliver a written acknowledgment of the Second Expansion Premises Commencement Date and Second Expansion Premises Rent Commencement Date in substantially the a form of the "Acknowledgement of Commencement Date" attached here to the Lease as Exhibit D; B; 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 Second Expansion Premises in their "as-is" condition as of the date Landlord Delivers the Second Expansion Premises Commencement Date, subject to all applicable Legal Requirements; Tenant; (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. 1 For the period of 30 consecutive days after the Second 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 Second 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 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") the Second Expansion Premises to Tenant on or before the Target Second 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) with Landlord's Work Substantially Completed ("Delivery" or "Deliver"). If Landlord fails to timely Deliver the Second Expansion Premises, Landlord shall not be liable to Tena...nt for any loss or damage resulting therefrom, and this the Lease with respect to the Second Amendment Expansion Premises shall not be void or voidable. 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 Fifth Amendment as Exhibit C ("Second Expansion Premises Work Letter"). The "Expansion "Second Expansion Premises Commencement Date" shall be the earlier to occur of: (i) the date that Landlord Delivers delivers the Second Expansion Premises to Tenant. Tenant, or (ii) the date that Landlord could have delivered to Second Expansion Premises to Tenant but for Tenant Delays; provided, however, that in no event shall the Second Expansion Premises Commencement Date occur prior to February 1, 2017. The "Target Second Expansion Premises Commencement Date" shall be February 1, 2017. Upon the request of Landlord, Tenant shall (absent manifest error) execute and deliver a written acknowledgment of the Second 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 the Second Amendment: Expansion Premises Work Letter: (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 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. time possession was taken. 1 Except as otherwise provided in this Second Amendment, Tenant agrees and acknowledges that that, except as otherwise expressly set forth in this Fifth Amendment, 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 commercially reasonable efforts to deliver ("Delivery" or "Deliver") the Expansion Premises to Tenant ("Delivery" or "Deliver") on or before the Target Expansion Premises Commencement Date. The "Target Expansion Premises Commencement Date" shall be June February 1, 2015. 2019. 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 the Lease with respect to the Expa...nsion Premises shall not be void or voidable. Notwithstanding anything to the contrary contained herein, if Landlord fails to deliver the Expansion Premises to Tenant by March 1, 2019 (as such date may be extended for Force Majeure delays, the "Abatement Date"), then, unless such failure is due to a delay caused by Tenant, Base Rent payable with respect to the Expansion Premises commencing on the Expansion Premises Rent Commencement Date (as defined below) shall be abated 1 day for each day after the Abatement Date (as such date may be extended for Force Majeure delays) that Landlord fails to Deliver the Expansion Premises to Tenant. If Landlord does not Deliver the Expansion Premises to Tenant by April 1, 2019, for any reason other than Force Majeure delays, this Fourth Amendment may be terminated by Tenant by written notice to Landlord, and if so terminated by Tenant, neither Landlord nor Tenant shall have any further rights, duties or obligations under this Fourth Amendment, except with respect to provisions which expressly survive termination of this Fourth Amendment, and the Lease shall continue in full force and effect as though the parties had never executed this Fourth Amendment. If Tenant does not elect to terminate this Fourth Amendment on or before April 7, 2019, such right to terminate this Fourth Amendment shall be waived and this Fourth Amendment shall remain in full force and effect. 1 The "Expansion Premises Commencement Date" shall be the date that Landlord Delivers the Expansion Premises to Tenant. The "Expansion Premises Rent Commencement Date" shall be the date that is 1 month after the Expansion Premises Commencement Date. Upon the written request of Landlord, Tenant shall execute and deliver a written acknowledgment of the Expansion Premises Commencement Date, the Expansion Premises Rent Commencement Date and the Expansion Premises Expiration Date (as defined below) 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. hereunder or under the Lease. Except as otherwise expressly set forth in this Second Fourth 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; 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 of the Expansion Premises Commencement Date. 1 Premises. Except as otherwise provided expressly set forth 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 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. Notwithstanding anything to the contrary contained herein, the Suite 401-S Premises and the Suite 430 Premises may be Delivered to Tenant on different dates. If either Suite 401-S or Suite 430 is Delivered to Tenant prior to the other portion of the Expansion Space, then the Lease shall be further amended to amend, among other things, the Expansion Premises Commencement Date, the Expansion Premises Rent Commencement Date and the defined terms set forth in Section 3 below to reflect the Delivery of the Suite 401-S Premises and the Suite 430 Premises on different dates. View More
Delivery. Landlord shall use reasonable efforts to deliver ("Delivery" or "Deliver") the Expansion Premises to Tenant on or before the Target August 15, 2017 ("Target Expansion Premises Commencement Date. The "Target Expansion Premises Commencement Date" shall be June 1, 2015. Date"). If Landlord fails to timely Deliver the Expansion Premises, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, therefrom and this Second Amendment the Lease with respect to the Expansion Premi...ses shall not be void or voidable. voidable, except as provided in this paragraph. If Landlord does not Deliver the Expansion Premises to Tenant on or before the date that is 45 days after the Target Expansion Premises Commencement Date (as such date may be extended for Force Majeure delays), this First Amendment may be terminated by Tenant by written notice to Landlord, and if so terminated by Tenant, neither Landlord nor Tenant shall have any further rights, duties or obligations under this First Amendment, except with respect to provisions which expressly survive termination of this First Amendment, and the Lease shall continue in full force and effect as though the parties had never executed this First Amendment. If Tenant does not elect to terminate this First Amendment on or before the date that is 5 days after the lapse of such 45 days period, such right to terminate this First Amendment shall be waived and this First Amendment shall remain in full force and effect. 1 The "Expansion Premises Commencement Date" shall be the date that Landlord Delivers the Expansion Premises to Tenant. The "Expansion Premises Rent Commencement Date" shall be the later to occur of (i) September 1, 2017, or (ii) the Expansion Premises Commencement Date. Upon the request of Landlord, Tenant shall execute and deliver a written acknowledgment of the Expansion Premises Commencement Date, the Expansion Premises Rent Commencement Date and the expiration date of the Lease 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. For the period of 60 consecutive days after the Expansion Premises Commencement 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 serving the Expansion Premises, unless Tenant or any Tenant Party was responsible for the cause of such repair, in which case Tenant shall pay the cost. Except as otherwise set forth in this Second Amendment: First Amendment (including, without limitation, Landlord's obligations set forth in the immediately preceding paragraph): (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 Date (with the free standing storage cabinetry existing In the break room area of the Expansion Premises, the 6' sink cabinet and the 34" upper cabinet existing in the portion of the Expansion Premises; Premises commonly known as the Jamison Conference Room prior to date of this First Amendment having been removed by the prior tenant); and (iii) (ii) 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 at the Expansion Premises Commencement Date. 1 time possession was taken. Except as otherwise provided in this Second First 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
