Landlord Representation and Warranty. Landlord represents and warrants to the Tenant that: (a) the Permitted Use is permitted at the Office Building under all applicable laws and regulations, including, without limitation, under the Zoning Ordinance for the City of Boston and related approvals, and the Permitted Use is allowed under all easement and encumbrance documents; (b) Podium Owner, LP (“Podium Owner”), an affiliate of Landlord, holds fee simple title to all portions of the real property on which the Office Building is located, subject to no mortgage other than the mortgages described on Exhibit I attached hereto; (c) Landlord has a leasehold interest in all portions of the real property on which the Office Building is located pursuant to ground lease between Podium Owner and Landlord; and (d) no other party will have any possessory right to any portion of the Premises as of the Commencement Date.
Landlord Representation and Warranty. Landlord hereby represents and warrants that to its actual knowledge without inquiry, Tenant is not in default of the Lease as of the date Landlord executes this Agreement as shown below next to Landlord’s signature.
Landlord Representation and Warranty. Except to the extent that a Hazardous Substance may be present as a result of an act of Tenant, Tenant’s agent, employee, contractor, or invitee and except for matters disclosed in the Phase I Environmental Assessment Report dated May 23, 1995, prepared by Envirosearch International, Landlord warrants and represents that: (a) any use, storage, treatment or transportation of “Hazardous Substances” (as hereinafter defined) which has occurred in, on or about the Land, Building or Premises prior to the date of this Lease has been in compliance with all “Environmental Laws” (as hereinafter defined); and (b) to the best of its knowledge no release, leak, discharge, spill, disposal or emission of Hazardous Substances has occurred in, on or about the Land, Building or Premises, and that the Land, Building and Premises are free of Hazardous Substances as of the Effective Date of this Lease.
Landlord Representation and Warranty. Landlord represents and warrants to the Tenant that: (a) the Permitted Use is permitted at the Office Tower under all applicable laws and regulations, including, without limitation, under the Zoning Ordinance for the City of Boston and related approvals, and the Permitted Use is allowed under all easement and encumbrance documents affecting the Office Tower; (b) Office Tower Owner, LP (“Office Tower Owner”), an affiliate of Landlord, holds fee simple title to all portions of the real property on which the Office Tower is located, subject to no mortgage other than the mortgages (if any) described on Exhibit G attached hereto; (c) Landlord has a leasehold interest in all portions of the real property on which the Office Tower is located pursuant to ground lease between Office Tower Owner and Landlord; and (d) no other party will have any possessory right to any portion of the Premises as of the Commencement Date.
Landlord Representation and Warranty. Landlord represents and warrants that except for information contained in the Phase I Environmental Site Assessment report dated May 9, 2019, and prepared by Xxxxxx Engineering and Environmental Services, Inc., as updated on [ , 2019] (the “Phase I”), to Landlord’s actual knowledge on the Commencement Date, (i) the Premises is free from Hazardous Materials and mold and there are no environmental conditions affecting the Premises in violation of Environmental Requirements; (ii) there is no asbestos, asbestos-containing materials, presumed asbestos- containing materials, PCBs, or PCB-containing materials or equipment in, at, on or under the Premises; (iii) there are no environmental reports or studies related to the Premises other than the Phase I; (iv) there are no past, present, or threatened releases, disposals, discharges, dispersals, or emissions of Hazardous Materials at, in, on, under or emanating to or from the Premises; (v) there are no, and have never been, any underground storage tanks or xxxxx in, at, on or under the Premises; and (vi) Landlord has provided Tenant with copies of all notices within its possession or control (x) from governmental entities in connection with actual or potential environmental conditions in, at, or on the Premises; (y) from governmental entities relating to compliance with permits or Environmental Requirements; and (z) related to actual or threatened administrative or judicial proceedings in connection with environmental conditions in, at, or on the Premises. Landlord represents and warrants that to its actual knowledge it conducted “all appropriate inquiries” as required to qualify as a “bona fide prospective purchaser” as those terms are used in 42 U.S.C. § 9601(40).
