Common use of COVENANT OF TITLE AND QUIET ENJOYMENT Clause in Contracts

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.