Common use of Anti-Terrorism Representations Clause in Contracts

Anti-Terrorism Representations. (a) Each Party hereby represents and warrants that neither such Party, nor, to such Party’s knowledge, any Persons (other than shareholders of a publicly traded company or certificateholders of a registered trust) holding any legal or beneficial interest whatsoever in such Party, is (i) the target of any sanctions program that is established by Executive Order of the President or published by the Office of Foreign Assets Control, U.S. Department of the Treasury (“OFAC”); (ii) designated by the President or OFAC pursuant to the Trading with the Enemy Act, 50 U.S.C. App. § 5, the International Emergency Economic Powers Act, 50 U.S.C. §§ 1701-06, the Patriot Act, Public Law 107-56, Executive Order 13224 (September 23, 2001) or any Executive Order of the President issued pursuant to such statutes; or (iii) named on the following list that is published by OFAC: “List of Specially Designated Nationals and Blocked Persons” (collectively, “Prohibited Persons”). (b) Each hereby represents and warrants to the other Party that no funds tendered to such other Party under the terms of this Lease are or will be directly or, to such first Party’s knowledge, indirectly derived from activities that may contravene U.S. federal, state or international laws and regulations, including anti-money laundering laws. (c) Neither Party shall engage in any transactions or dealings, or otherwise be associated, with any Prohibited Persons during the Term. (d) In the event that any of the foregoing representations or warranties is untrue, or any of the foregoing covenants is breached, at any time during the Term and any Indemnified Party suffers or incurs any damages, losses, claims or liabilities as a result thereof, the same shall constitute a Landlord Indemnified Matter or a Tenant Indemnified Matter, as applicable, pursuant to Article XV.

Appears in 4 contracts

Samples: Distribution Center Master Lease (Copper Property CTL Pass Through Trust), Retail Master Lease (Copper Property CTL Pass Through Trust), Distribution Center Master Lease (J C Penney Co Inc)

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Anti-Terrorism Representations. (a) Each Party Landlord and Tenant each hereby represents represent and warrants warrant that neither such Partythey, nor, to such Party’s their knowledge, any Persons Xxxxxxxx’s Parents (other than shareholders in the case of a publicly traded company Landlord) or certificateholders Tenant’s Parent (in the case of a registered trust) holding any legal or beneficial interest whatsoever in such PartyTenant), as applicable, is (i) the target in material violation of any sanctions program that is established by Executive Order of the President or published by the Office of Foreign Assets Control, U.S. Department of the Treasury (“OFAC”); (ii) designated by the President or OFAC pursuant to in material violation of the Trading with the Enemy Act, 50 U.S.C. App. § 5, the International Emergency Economic Powers Act, 50 U.S.C. §§ 1701-06, the U.S.A. Patriot Act, Public Law 107-56, Executive Order 13224 (September 23, 2001) or any Executive Order of the President issued pursuant to such statutesstatutes or any other applicable Legal Requirements relating to anti-corruption, anti-bribery, terrorism, or money-laundering; or (iii) named on the following list that is published by OFAC: “List of Specially Designated Nationals and Blocked Persons” (collectively, “Prohibited Persons”). (b) Each hereby represents and warrants to Neither Landlord nor Tenant will, during the other Party that no funds tendered to such other Party under the terms Term of this Lease are or will be directly orLease, to such first Party’s knowledge, indirectly derived from activities that may contravene U.S. federal, state or international laws and regulations, including anti-money laundering laws. (c) Neither Party shall knowingly engage in any transactions or dealings, or knowingly be otherwise be associatedassociated with, with any Prohibited Persons during in connection with the Term. (d) In ownership, or use or occupancy of, the event that any Leased Property, as applicable. A breach of the foregoing representations or warranties is untrue, or any of the foregoing covenants is breached, (being untrue at any time during the Term and any Indemnified Party suffers Term) or incurs any damages, losses, claims covenants contained in this Section 39.1 by Landlord or liabilities Tenant as a result thereof, of which the same other party suffers actual damages shall constitute a Landlord Indemnified Matter material breach of this Lease and shall entitle the other party to any and all remedies available hereunder, or a Tenant Indemnified Matter, as applicable, pursuant to Article XVat law or in equity.

Appears in 1 contract

Samples: Master Lease (MGM Growth Properties Operating Partnership LP)

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