Common use of Covenants, Warranties and Representations Clause in Contracts

Covenants, Warranties and Representations. Landlord covenants, warrants and represents the following: 10.1 Landlord is the owner in fee simple of the Premises, free and clear of all liens and encumbrances except as to those which may have been disclosed to Tenant in writing prior to the execution of this Lease; that it alone has full right to let the Premises for the Term set out herein; and that Tenant, on paying the Rent and performing its obligations hereunder, shall peaceably and quietly hold and enjoy the Premises for the Term. 10.2 Landlord has complied with, and will continue to comply with, all environmental, health, and safety laws with respect to the Premises other than those which arise out of Tenant’s use of the Tower Compound for a Communications Facility (which compliance obligation is to be borne by Tenant), and no action, suit, proceeding, hearing, investigation, charge, complaint, claim, demand, or notice has been filed or commenced against Landlord or regarding the Premises alleging any failure to so comply. Without limiting the generality of the preceding sentence, at the commencement of the Term, Landlord and the Premises are in compliance with all environmental, health, and safety laws; no asbestos-containing thermal insulation or products containing PCB, formaldehyde, chlordane, or heptachlor or other hazardous materials have been placed on or in the Premises by Landlord or, to the knowledge of Landlord, by any prior owner or user of the Premises; and to the knowledge of Landlord, there has been no release of or contamination by hazardous materials on the Premises. 10.3 All utilities in place upon the commencement of the Term and serving the Property enter through adjoining public streets or, if they pass through an adjoining private tract, do so in accordance with valid public easements. All utilities are installed and operating and all installation and connection charges have been paid in full. 10.4 Landlord has no knowledge of any fact or condition that could result in the termination or reduction of the current access from the Premises to existing highways and roads or to utility services serving the Premises. 10.5 The Premises abuts on and has direct vehicular access to a public road or has access to a public road via a permanent, irrevocable, appurtenant easement benefiting the Property, and access to the Property is provided by paved public right-of-way with adequate curb cuts available. 10.6 With respect to the Premises, except as disclosed by Landlord in writing to Tenant prior to the execution hereof, (i) there currently exist no licenses, sublicenses, or other agreements, written or oral, granting to any party or parties the right of use or occupancy of any portion of the of Tower Compound; (ii) there are no outstanding options or rights of first refusal to purchase the Premises or any portion thereof or interest therein; and (iii) there are no parties (other than Landlord) in possession of the Premises.

Covenants, Warranties and Representations. Landlord covenants(a) Guarantor hereby represents and warrants to, warrants and represents covenants and agrees with, Lender as follows, knowing that Lender is relying hereon in entering into the followingLoan and accepting the Loan Documents: 10.1 Landlord (i) There is the owner in fee simple of the Premises, free and clear of all liens and encumbrances except as to those which may have been disclosed to Tenant in writing prior to the execution of this Lease; that it alone has full right to let the Premises for the Term set out herein; and that Tenant, on paying the Rent and performing its obligations hereunder, shall peaceably and quietly hold and enjoy the Premises for the Term. 10.2 Landlord has complied with, and will continue to comply with, all environmental, health, and safety laws with respect to the Premises other than those which arise out of Tenant’s use of the Tower Compound for a Communications Facility (which compliance obligation is to be borne by Tenant), and no action, suit, proceeding, hearing, investigation, charge, complaint, claim, demand, action or notice has been filed or commenced against Landlord or regarding the Premises alleging any failure to so comply. Without limiting the generality of the preceding sentence, at the commencement of the Term, Landlord and the Premises are in compliance with all environmental, health, and safety laws; no asbestos-containing thermal insulation or products containing PCB, formaldehyde, chlordane, or heptachlor or other hazardous materials have been placed on or in the Premises by Landlord proceeding pending or, to the best knowledge of LandlordGuarantor, threatened against Guarantor before any court or administrative agency and no event has occurred that might result in any material adverse change in the business or condition of Guarantor or in the property of Guarantor from the condition of Guarantor as set forth in the most recent financial statements of Guarantor furnished to and approved by Lender. (ii) Guarantor has filed all Federal and State income tax returns that are required to be filed, and has paid all taxes as shown on such returns to the extent that such taxes have become due. (iii) Guarantor is not individually or jointly party to any prior owner contract or user agreement that materially and adversely affects its business, property, assets or financial condition. To the best knowledge of Guarantor, neither the execution and delivery of this Guaranty nor the fulfillment of and compliance with the terms and provisions hereof will conflict with, or result in a breach of, any of the Premises; and to the knowledge of Landlordterms, there has been no release of conditions or contamination by hazardous materials on the Premises. 10.3 All utilities in place upon the commencement of the Term and serving the Property enter through adjoining public streets or, if they pass through an adjoining private tract, do so in accordance with valid public easements. All utilities are installed and operating and all installation and connection charges have been paid in full. 10.4 Landlord has no knowledge provisions of any fact other agreement or condition that could instrument to which Guarantor is now a party or by which Guarantor may be bound, nor shall the foregoing constitute a default thereunder or result in the termination creation of any lien, charge or reduction encumbrance upon any property or assets of the current access from the Premises to existing highways and roads or to utility services serving the PremisesGuarantor. 10.5 The Premises abuts on and has direct vehicular access (iv) Guarantor shall deliver to Lender a public road or has access to a public road via a permanent, irrevocable, appurtenant easement benefiting the Property, and access to the Property is provided by paved public right-of-way with adequate curb cuts available. 10.6 With respect to the Premises, except as disclosed by Landlord in writing to Tenant prior to the execution hereof, (i) there currently exist no licenses, sublicenses, or other agreements, written or oral, granting to any party or parties the right of use or occupancy copy of any portion notice of the of Tower Compound; (ii) there are no outstanding options or rights of first refusal to purchase the Premises or a default by Guarantor in connection with any portion thereof or interest therein; and (iii) there are no parties loan (other than Landlordthe Loan) either to Guarantor or guaranteed by Guarantor, within three (3) business days after receipt thereof by Guarantor. (b) Any representation, warranty, covenant, agreement, indemnity and/or undertaking made in possession this Guaranty or made in any of the Premisesother Loan Documents or in any certificate or other writing delivered in connection with the Loan shall be deemed to have been relied upon by Lender (and any assignee or transferee of Lender).

Covenants, Warranties and Representations. Landlord covenants, warrants Grantor and represents Grantee based upon information and belief represent the following: 10.1 Landlord Grantor is the owner in fee simple lessee of the Premises, free and clear of all liens and encumbrances except as to those disclosed in the title policy procured by Grantee, which are recorded with government authorities, or may have been disclosed to Tenant Grantee in writing prior to the execution of this LeaseAgreement; that it alone after following applicable laws has full the right to let the Premises for the Term set out herein; and that TenantGrantee, on paying the Rent and performing its obligations hereunder, shall peaceably and quietly hold and enjoy the Premises for the Term. 10.2 Landlord Grantor has complied with, and will continue to comply with, all environmental, health, and safety laws with respect to the Premises other than those which arise after the Effective Date or out of TenantGrantee’s use of the Tower Compound for a Communications Facility (which compliance obligation is to be borne by TenantGrantee), and no action, suit, proceeding, hearing, investigation, charge, complaint, claim, demand, or notice has been filed or commenced against Landlord Grantor or regarding the Premises alleging any failure to so comply. Following the Effective Date, Grantee will comply with, and will continue to comply with, all environmental, health, and safety laws with respect to the Premises other than those which arise out of Grantor’s use of the area outside the Tower Compound (which compliance obligation is to be borne by Grantor), and Grantee will take immediate steps to avoid any action, suit, proceeding, hearing, investigation, charge, complaint, claim, demand, or notice to be filed or commenced against Grantor, Grantee, or regarding the Premises alleging any failure by Grantee to so comply. Without limiting the generality of the preceding sentence, at the commencement of the Term, Landlord Grantor and the Premises are in compliance with all environmental, health, and safety laws; no asbestos-containing thermal insulation or products containing PCB, formaldehyde, chlordane, or heptachlor or other hazardous materials have been placed on or in the Premises by Landlord Grantor or, to the knowledge of LandlordGrantor, by any prior owner or user of the Premises; and to the knowledge of LandlordGrantor, there has been no release of or contamination by hazardous materials on the Premises. Following the Effective Date, Grantee and its customers’, lessees’, licensees’, employees’, agents’, invitees’, contractors’, successors’ and assigns’ use of the Premises will be in compliance with all environmental, health, and safety laws; no asbestos-containing thermal insulation or products containing PCB, formaldehyde, chlordane, or heptachlor or other hazardous materials will be placed on or in the Premises by Grantee or its customers, lessees, licensees, employees, agents, invitees, contractors, successors and assigns; and there will be no release of or contamination by hazardous materials on the Premises by Grantee or its customers, lessees, licensees, employees, agents, invitees, contractors, successors and assigns. 10.3 All utilities in place upon the commencement of the Term and serving the Property enter through adjoining public streets or, if they pass through an adjoining private tract, do so in accordance with valid public easements. All utilities are installed and operating and all installation and connection charges assessed against Grantor have been paid in full. 10.4 Landlord Grantor has no knowledge of any fact or condition that could result in the termination or reduction of the current access from the Premises to existing highways and roads or to utility services serving the Premises. 10.5 The Premises abuts on and has direct vehicular access to a public road or has access to a public road via a permanent, irrevocable, appurtenant easement benefiting the Property, and access to the Property is provided by paved public right-of-way with adequate curb cuts available. 10.6 With respect to the Premises, except as are disclosed in the title policy procured by Grantee, recorded with government authorities or disclosed by Landlord Grantor in writing to Tenant Grantee prior to the execution hereof, (i) there currently exist no licenses, sublicenses, or other agreements, written or oral, granting to any party or parties the right of use or occupancy of any portion of the of Tower Compound; (ii) there are no outstanding options or rights of first refusal to purchase the Premises or any portion thereof or interest therein; and (iii) there are no parties (other than LandlordGrantor) in possession of the Premises.

Covenants, Warranties and Representations. (a) Landlord covenants, warrants and represents the following: 10.1 Landlord that it is the owner in fee simple of the PremisesProperty, free and clear of all liens and encumbrances except as to those which may have been disclosed to Tenant in writing prior to the execution of this Lease; hereof, and that it alone has full right to let the Premises for the Term set out herein; and that Tenant, on paying the Rent and performing its obligations hereunder, shall peaceably and quietly hold and enjoy lease the Premises for the Term. 10.2 (b) Landlord shall pay promptly, when due, any other amounts or sums due and owing with respect to its ownership and operation of the Property, including, without limitation, judgments, taxes, liens, mortgage payments and other similar encumbrances. If Landlord fails to make any payments required under this Agreement, or breaches any other obligation or covenant under this Agreement, Tenant may (without obligation), after providing ten (10) days written notice to Landlord, make such payment or perform such obligation on behalf of Landlord and offset such payment (including any reasonable attorneys’ fees incurred in connection with Tenant performing such obligation) against payments of Rent. (c) Landlord shall not do or knowingly permit anything that will interfere with or negate any special use permit or approval pertaining to the Premises or cause Tenant’s use of the Premises to be in nonconformance with applicable local, state, or federal laws. Landlord shall cooperate with Tenant in any effort by Tenant to obtain certificates, permits, licenses and other approvals that may be required by any governmental authorities. Xxxxxxxx agrees to execute any necessary applications, consents or other documents as may be reasonably necessary for Tenant to apply for and obtain the Government Approvals required to use and maintain the Premises and the Communications Facilities. (d) To the best of Xxxxxxxx’s knowledge, Landlord has complied with, and will continue to shall comply with, with all environmental, health, and safety laws with respect to the Premises other than those which arise out of Tenant’s use of the Tower Compound for a Communications Facility (which compliance obligation is to be borne by Tenant), and no action, suit, proceeding, hearing, investigation, charge, complaint, claim, demand, or notice has been filed or commenced against Landlord or regarding the Premises alleging any failure to so complyProperty. Without limiting the generality of the preceding sentence, at the commencement of the Term, Landlord and the Premises are in compliance with all environmental, health, and safety laws; no No asbestos-containing thermal insulation or products containing PCB, formaldehyde, chlordane, or heptachlor or other hazardous materials have been placed on or in the Premises Property by Landlord or, to the knowledge of Landlord, by any prior owner or user of the Premises; and to the knowledge of Landlord, there Property. There has been no release of or contamination by hazardous materials on the PremisesProperty by Landlord, or to the knowledge of Landlord, any prior owner or user of the Property. 10.3 All (e) Tenant shall have access to all utilities in place upon required for the commencement operation of Tenant’s improvements on the Term and serving Premises that are existing on the Property enter through adjoining public streets or, if they pass through an adjoining private tract, do so in accordance with valid public easements. All utilities are installed and operating and all installation and connection charges have been paid in fullProperty. 10.4 (f) Landlord has no knowledge of any fact or condition warrants and represents that could result in the termination or reduction of the current access from the Premises to existing highways and roads or to utility services serving the Premises. 10.5 The Premises abuts on and has direct vehicular access to a public road or has access to a public road via a permanent, irrevocable, appurtenant easement benefiting the Property, and access to the Property is provided by paved public right-of-way with adequate curb cuts available. 10.6 With respect to the Premises, except as disclosed by Landlord in writing to Tenant prior to the execution hereof, (i) there currently exist no licenses, sublicenses, or other agreements, written or oral, granting to any party or parties the right of use or occupancy of any portion of the of Tower CompoundProperty; (ii) there are no outstanding options or rights of first refusal to purchase the Premises Property or any portion thereof or interest therein, or any equity or interest in Landlord if Landlord is an entity; and (iii) there are no parties (other than Landlord) in possession of the PremisesProperty except as to those that may have been disclosed to Tenant in writing prior to the execution hereof.