Landlord Compliance. 8.1 Landlord certifies, represents, warrants and covenants to Tenant that, to Landlord's actual knowledge, Landlord is not, and shall not during the Term of the Lease knowingly engage in any transactions or dealings, or be otherwise associated with, any Prohibited Persons in connection with the use or occupancy of the Project. SMRH:4862-3329-8537.2
Landlord Compliance. If the Common Areas as of the Commencement Date do not comply in all material respects with all Requirements, then Landlord shall not be liable to Tenant for any damages, but as Tenant’s sole remedy, Landlord, at no cost to Tenant (including as Operating Expenses), shall perform such corrective work or take such other actions as may be necessary to cure any violation. Landlord shall not be responsible for any non-compliant condition that arises due to the construction of any Alterations by Tenant or the installation of any of Tenant’s furniture, fixtures, equipment or property, or that are due to Tenant’s particular use of the Premises or the particular manner in which Tenant conducts its business in the Premises. Landlord shall have the right to apply for and obtain a waiver or deferment of compliance, the right to contest any violation in good faith, including, but not limited to, the right to assert any and all defenses allowed by Requirements, and the right to appeal any decisions, judgments or rulings to the fullest extent permitted by Requirements, and Landlord’s obligation to perform corrective work or take other action to cure a violation under this Section 7.4(b) shall not apply until after the exhaustion of any and all rights to appeal or contest.
Landlord Compliance. Except for the obligations of Tenant under clause (a) above, Landlord shall be responsible for compliance with all applicable laws, statutes, ordinances and governmental rules, regulations or requirements now in force or which may thereafter be in force that affect the Building, including without limitation, the Disability Statutes applicable to the Common Areas of the Building. Landlord has reasonable discretion to determine when and how to perform alterations under this subsection, and Tenant may not claim any default under this provision. To the knowledge of Landlord, based on the Project Status Update Form prepared by the Texas Department of Licensing and Regulation and dated as of April 4, 2011, the Building complies with the Disability Statutes.
Landlord Compliance. Landlord shall use commercially reasonable efforts to comply with all Legal Requirements which are applicable to Landlord and outside the scope of Tenant’s obligations hereunder to comply with on Landlord’s behalf, provided that Landlord, at its sole expense and without expense to Tenant, shall have the right to contest by proper legal proceedings the validity, so far as applicable to it, of any such Legal Requirement, provided further, that (a) such contest shall not result in a suspension of operations of any Community, and (b) Landlord shall not be deemed to be in breach of this covenant if Landlord’s failure to use commercially reasonable efforts to comply with any such Legal Requirement is due to an Event of Default by Tenant or the Bad Acts of Tenant.
Landlord Compliance. Without limiting Landlord's obligations under Section 6(a) above (i.e., as it relates to certain structural or capital improvements required based on changes in Laws following the Commencement Date) and under Section 9 hereof, but subject to Section 16 and Section 17 below, Landlord shall comply, in all materials respect, with all applicable Laws pertaining to the "core and shell" of the Building (as defined in Section 17(e) below), including the public areas of the Building, or otherwise relating to Landlord's performance of any maintenance or repair obligations imposed upon Landlord hereunder. For purposes of this Section 6(c), it is understood and agreed that (i) any costs incurred by Landlord relative to such compliance activities under this Section 6(c) may be included as part of "Expenses" hereunder (subject to the terms of Section 9 hereof and subject to the limitations expressly provided in the definition of Expenses in Exhibit C hereto), and (ii) Tenant shall have no claim against Landlord relative to noncompliance of Laws under this Section 6(c) or Section 6(b) above or Section 9 below if any such noncompliance of Laws does not materially adversely impact Tenant's use and quiet enjoyment of any portion of the Premises in accordance with the terms of this lease, and (iii) Tenant shall reasonably cooperate with Landlord in allowing access to the Premises, subject to prior scheduling with Tenant, to enable Landlord to perform any compliance work under this Section 6(c) or under Section 6(b) above which is required within the Premises.
Landlord Compliance. 7.1 Landlord certifies, represents, warrants and covenants to Tenant that Landlord is not, and shall not during the Term of the Lease become, a person or entity with whom Tenant is restricted from doing business under the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, H. R. 3162, Public Law 107-56 (commonly known as the “USA Patriot Act”) and Executive Order Number 13224 on Terrorism Financing, effective September 24, 2001 and regulations promulgated pursuant thereto (collectively, “Anti-Terrorism Laws”), including, without limitation, persons and entities named on the Office of Foreign Assets Control Specially Designated Nationals and Blocked Persons List (collectively, “Prohibited Persons”).
Landlord Compliance. As of the Effective Date, Tenant and Assignee acknowledge that Landlord is not in default or breach of any of its obligations or duties in the Lease.
Landlord Compliance. Except as aforesaid, Landlord shall, at its expense, comply with or cause to be complied with, all laws, orders, ordinances, and regulations of federal, state, county and municipal authorities and any direction made pursuant to law of any public officer or officers which shall, with respect to the public portions of the Demised Premises, or which affect Tenant’s access to the Demised Premises or parking areas, impose any violation, order or duty upon Landlord or Tenant and with respect to which Tenant is not obligated by Section 6.1
Landlord Compliance. If a Regulated Substance is found at any time or times to exist in, on or under the Leased Premises (unless introduced by Tenant or any of its agents, employees, contractors or invitees), Landlord shall promptly comply with any reporting requirements of any Environmental Laws and shall, at its sole cost and expense, remove and dispose of such Regulated Substances to the extent required by any Environmental Laws. All of the foregoing shall be completed in accordance with any Environmental Laws and shall be completed so as to minimize any interference with any business operations by Tenant at the Leased Premises. Landlord will indemnify and hold harmless Tenant from any losses, liabilities, damages, costs or expenses (including reasonable attorneys' fees) which Tenant may suffer or incur as a result of the presence or introduction into or onto the Leased Premises or any part thereof of any underground storage tanks (and any leakage or contamination from such tanks) or any Regulated Substances, unless introduced by Tenant or any of its agents, employees, contractors or invitees, or as a result of Landlord's violation of any Environmental Law during the Term.
Landlord Compliance. In connection with the operation of the Premises, Landlord represents and warrants that to the extent not the obligation of Tenant, any other tenant or occupant of the Building or any other person or entity, Landlord shall comply in all material respects with all Laws pertaining to the construction of the Premises, including, without limitation, any restrictions of record affecting the Property, including any and all Laws pertaining to Hazardous Materials, or all Environmental Laws applicable to the Premises.
