COVENANT OF TITLE AND QUIET ENJOYMENT. Landlord covenants and warrants to Resident that Landlord has full right and lawful authority to enter into this Lease for the Term hereof and that, provided Resident is not in default hereunder, Resident’s quiet and peaceable enjoyment of the Premises shall not be disturbed by Landlord.
COVENANT OF TITLE AND QUIET ENJOYMENT. Landlord covenants and warrants that it alone has full right and lawful authority to enter into this Lease for the full term hereof; that it is lawfully seized of the Premises in fee simple and has good title thereto, free and clear of all tenancies, restrictions and encumbrances, (with the exception of liens securing Lenders providing financing for the facility which is the subject of this Lease, and other matters not adversely affecting the intended use of the Premises or merchantability of title, or other matters agreed to between the parties) and that at all times during the term of this Lease and any extensions of said term, Tenant's quiet and peaceful enjoyment of the Premises shall not be disturbed or interfered with by anyone.
COVENANT OF TITLE AND QUIET ENJOYMENT. Owner covenants that Owner has good title to the Premises free and clear of all liens, encumbrances and customary and ordinary restrictions, except as set forth on Schedule “4”. Except as provided in Section 36 below, Owner shall not mortgage, assign, pledge, hypothecate or otherwise encumber its fee interest in the Premises during the term of this Lease. Provided, however Owner shall be allowed to encumber all, or any part of the Premises if, and only if, the lender executes a nondisturbance agreement that shall provide, among other customary terms and provisions, that the Tenant and leasehold mortgage, if any, would not be disturbed so long as there was no event of default under this Lease. Owner warrants and will defend the title thereto, and will indemnify Tenant against any damage and expense which Tenant may suffer by reason of any lien, encumbrance, restriction or deficit in the title or description herein of the Premises. If, at any time, Owner’s title or right to receive rent hereunder is disputed, or there is a change of ownership of Owner’s estate by act of the parties or operation of law, Tenant may withhold rent thereafter accruing until Tenant is furnished reasonable proof satisfactory to it as to the party entitled thereto. Subject to Owner’s prior written consent in each instance (which consent shall not be unreasonably withheld) Tenant may grant to public entities and public utilities for the purposes of serving the Premises rights of way and easements on over or under the Premises for all water, telephone, gas, electricity, sewer and other utility services.
COVENANT OF TITLE AND QUIET ENJOYMENT. Landlord covenants that Landlord is well seized of and has good title to the Leased Premises and does warrant and will defend the title thereto and will indemnify the Tenant for any damage and expense which Tenant may suffer by reason of any lien, encumbrance, restriction or defect in the title or description herein of the Leased Premises. If, at any time, Landlord's title or right to receive Rent hereunder is disputed, or there is a change of ownership of Landlord's estate by act of the parties or operation of law, Tenant may withhold Rent thereafter accruing until Tenant has been furnished proof satisfactory to it as to the party entitled thereto.
COVENANT OF TITLE AND QUIET ENJOYMENT. Lessor covenants with Lessee that Lessor has good right and title to the Complex and good right to lease the Demised Premises in the manner aforesaid. Lessee, upon paying the rent, and subject to all the terms and covenants of this Lease, and subject to the provisions of any mortgage or installment purchase agreement to which this Lease is subordinate shall quietly have and enjoy the Demised Premises during the Term of this Lease without hindrance or molestation by any person.
COVENANT OF TITLE AND QUIET ENJOYMENT. Landlord covenants that it has full right, power and authority to make this Lease, and that Tenant or any permitted assignee or sublessee of Tenant, upon the payment of the Base Rent and performance of the covenants hereunder, shall and may peaceably and quietly have, hold and enjoy the Demised Premises and improvements thereon during the Term or any renewal or extension thereof.
COVENANT OF TITLE AND QUIET ENJOYMENT. Lessor covenants and warrants to Lessee that Lessor has full right and lawful authority to enter into this Lease for the Term hereof and that provided Lessee is not in default hereunder, Lessee's quiet and peaceable enjoyment of the Premises shall not be disturbed by anyone claiming through Lessor.
COVENANT OF TITLE AND QUIET ENJOYMENT. Landlord covenants that it has full right, power and authority to make this Lease, subject only to the Permitted Liens (as defined in Article 37), and that Tenant or any permitted assignee or sublessee of Tenant, upon the payment of the Rent and performance of the covenants hereunder, shall and may peaceably and quietly have, hold and enjoy the Demised Premises and improvements thereon during the Term or any renewal or extension thereof. Additionally, except as provided in this Lease or by law, Landlord shall take no action that will interfere with Tenant's intended usage of the Demised Premises.
COVENANT OF TITLE AND QUIET ENJOYMENT. Landlord covenants that it has full right and power to execute this Lease and to grant the estate demised in this Lease. The Landlord's title is and always shall be paramount to the title of the Tenant, and nothing herein contained shall empower the Tenant to do any act which can, shall or may encumber such title. Landlord also covenants that if Tenant promptly and punctually complies with each of its obligations hereunder, it shall peacefully have and enjoy the possession of the Leased Premises during the term of this Lease, provided that no action of Landlord in repairing or restoring the Rented Space or in working in other space in the Building, shall be deemed a breach of this covenant.
COVENANT OF TITLE AND QUIET ENJOYMENT. Landlord represents and warrants to Tenant that Landlord is solely vested with fee simple title to the Premises and the Shopping Center and has full right and lawful authority to lease the Premises to Tenant pursuant to the terms hereof, subject, however, to the satisfaction of the Contingencies set forth in subparagraphs 37.14(a) and (b). Landlord covenants with Tenant to keep Tenant in quiet enjoyment and possession of the Premises during the Term, provided Tenant is not in default under this Lease beyond any applicable cure period. Landlord further represents and warrants to Tenant that, as of the Commencement Date: (i) no zoning or similar ordinance, restrictive covenant or other encumbrance or restriction prevents the performance of Tenant's Work (subject, however, to Tenant's obligation to obtain building permits for Tenant's Work) or the use of or Tenant opening for business within the Premises for the specific purposes set forth in Paragraph 7.1, or otherwise conflicts or is inconsistent with the terms of this Lease; (ii) upon delivery of the Contingency Satisfaction Notice, no joinder or approval of any other person or entity (including any lender or mortgagee) is required with respect to Landlord's right and authority to enter into this Lease; and (iii) as of the Commencement Date, there is no underlying or superior lease affecting the Premises.
