Landlord Representations. Landlord represents to Tenant that, to the best knowledge of Landlord, the Building and the Premises will be delivered to Tenant on the Delivery Date in compliance with all Applicable Laws, including all applicable Environmental Laws and the Americans with Disabilities Act of 1990, as such laws are interpreted and enforced on the Delivery Date. Landlord further represents to Tenant that to the best knowledge of Landlord, based on a review of the environmental reports and studies provided to Landlord upon its acquisition of the Park Place Project, no Hazardous Materials currently are located on the Building Property or the Premises in an amount or in a manner that would be materially adverse to Tenant or in violation of applicable Environmental Laws, as such laws are currently interpreted and enforced on the date hereof. Any costs or expenses incurred by Tenant with respect to the removal or remediation of Hazardous Materials located in the Premises or the Building in violation of the foregoing representation by Landlord regarding Hazardous Materials, shall be reimbursed to Tenant by Landlord within thirty (30) days after a written demand by Tenant supported by reasonable written detail concerning the source and type of Hazardous Materials discovered by Tenant in or about the Premises and the cost of such removal or remediation; provided that Tenant shall first notify Landlord of the presence of such Hazardous Materials and allow Landlord a reasonable period to undertake such removal and remediation at Landlord’s expense prior to Tenant undertaking such removal or remediation. For purposes hereof, the phrase “the best knowledge of Landlord” shall mean the present, actual knowledge of the Property Manager directly employed by Landlord or any of its Affiliates at the Park Place Project. Tenant acknowledges that Landlord has provided Tenant with copies of (i) Environmental Assessment Update, Park Place 0000-0000 Xxxxxxxxx Xxxxx, Irvine, CA prepared by Allwest Environmental, Inc., dated February 9, 2004 and (ii) Phase I Environmental Site Assessment of Park Place II, located at 0000-0000 Xxxxxxxxx Xxxxx, Irvine, CA 92612 prepared by ENSR International, dated July, 2004, which Landlord represents are the most recent environmental studies for the Building Property in Landlord’s possession.
Landlord Representations. LANDLORD represents and warrants that it is the owner in fee simple of the Building and underlying real property. LANDLORD represents that entering into this Lease will not cause LANDLORD to violate any other agreement to which LANDLORD is a party. LANDLORD represents that a certificate of occupancy has been issued for the Building, and that to its knowledge, the Building is in compliance with all federal, state or local laws and regulations, including local zoning ordinances.
Landlord Representations. As a material inducement to Tenant entering into this Ninth Amendment, Landlord represents and certifies to Tenant that as of the date hereof: (i) the Lease, as modified hereby, and together with that certain letter dated September 24, 2007 from Xxx Xxxxxxxx to Xxxx Xxxxxxxx, with the subject line “Response to Specific Security Questions — Xxxxxx Xxxxx Corporate Center,” contains the entire agreement between the parties hereto relating to the Premises and that, except for the Declaration, there are no other agreements between the parties relating to the Premises, the Building or the Lease which are not contained or referred to herein or in the Lease, (ii) to the best of Landlord’s knowledge, there exists no Event of Default or Actionable Event of Default on the part of Tenant in any respect in any of the terms, covenants and conditions of the Lease; (iii) no consent or approval of any third party or parties is required in order for Landlord to enter into and be bound by this Ninth Amendment; and
Landlord Representations. The Landlord represents and warrants to the Tenant that as of the Effective Date: The Landlord owns the Premises in fee simple, and the Landlord’s ownership interest is not subject to any mortgage, lien, lease, encroachment, easement, indenture, covenants, conditions, and restrictions or other matters or encumbrances affecting the Premises or the Landlord’s ownership interest therein. The Premises have a legal right of access to public streets. To Landlord’s knowledge, there are no Hazardous Materials in, about, or on the Premises. The Landlord has the full authority and power to execute and deliver this Lease and to perform the terms and conditions of this Lease, without the consent of any third party. The Tenant’s use and occupancy of the Premises for the Permitted Uses are expressly permitted and authorized by applicable zoning and other laws, regulations, ordinances, and building and other codes, and any and all agreements and legal restrictions affecting any part of the Premises (collectively, “Legal Requirements”), and the Tenant’s use of the Premises for the foregoing purposes will not violate any such Legal Requirements. The Premises and all systems, components, and parts thereof are in compliance with all Legal Requirements affecting any part of the Premises, including zoning ordinances and the Americans with Disabilities Act and insurance and fire marshal requirements. All utilities serving the Premises are separately metered to the Premises and do not serve any other person, entity, or property other than the Premises. The Premises and all systems, components, and parts thereof, including the HVAC, electrical, mechanical, and plumbing systems, sprinkler systems, roof, roof membrane, parking lot, windows, doors, light fixtures, wall and ceiling insulation, and landscaping are in good working order and in good condition and repair. There are no ground leases or mortgages affecting the Premises.
Landlord Representations. Landlord represents to Tenant that it is the owner in fee simple of the Property with full power and authority to enter into this Lease.
Landlord Representations. Landlord represents and warrants to and covenants with Tenant as follows:
Landlord Representations. Landlord represents and warrants that, as of the Effective Date, (i) there is no mortgage or loan encumbering the Property or Building, (ii) to Landlord's actual knowledge, Landlord has not received any written notice of any eminent domain or similar proceeding during its period of ownership which would affect all, or any portion, of the Premises or the Property, (iii) Landlord has the full right, power and authority to make this Lease and no joinder or approval of another person or entity is required with respect to Landlord's right and authority to enter into this Lease, and (iv) Landlord has provided to Tenant a recent title report and related recorded documents for the Property, a list of which is attached hereto as Exhibit G.
Landlord Representations. Landlord represents to the Tenant that (a) the Permitted Use is permitted as of right at the Site under the Zoning Ordinance for the City of Waltham (and/or pursuant to special permit granted by the City of Waltham) and complies with the requirements of all easement and encumbrance documents; (b) Landlord holds fee simple title to the Site subject to title matters of record but the Site is not subject to any mortgage; (c) Landlord has full power and authority to enter into this Lease and has obtained all consents and taken all actions necessary in connection therewith; (d) no other party has any possessory right to the Premises or has claimed the same; and (e) to the best of Landlord’s actual knowledge the base building core, shell, and surrounding site work comply with all laws, regulations, and building codes, including without limitation, all laws governing nondiscrimination in public accommodations and commercial facilities, including without limitation, the requirements of the Americans with Disabilities Act (ADA) and all regulations thereunder, applicable to the Building and the Site at the time of construction and Landlord covenants to keep the same in compliance throughout the Term (provided, however, that notwithstanding the foregoing, in no event shall Landlord be liable to Tenant to the extent such non-compliance is caused by parties other than Landlord, its agents, employees or contractors, Landlord hereby agreeing to use reasonable efforts to enforce lease provisions regarding compliance with laws against tenants of the Building as applicable).
Landlord Representations. Landlord warrants, represents and covenants that there are no "Regulated Substances" (as defined herein) in, on, or released or being released from under the land, including, but not limited to, the Premises, and that the Premises will remain in that condition during the Term of this Lease, except to the extent Tenant stores, sells or uses such substances in its normal course of business. "Regulated Substances" shall include "hazardous waste", "hazardous substances", "asbestos or asbestos containing materials", "regulated substances", "petroleum", "polychlorinated biphenyls", and other substances or chemicals regulated pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. 9601-9675, the Solid Waste Disposal Act, 42 U.S.C. 69016991i, the Toxic Substances Control Act, 15 U.S.C. 2601-2692, and the regulations promulgated under those federal statutes, and the analogous and other state environmental laws and regulations. Landlord specifically represents that there are no asbestos or asbestos containing materials in the Premises. Landlord shall comply with all governmental requirements, including, without limitation, financial responsibility/assurance requirements, relating to any underground storage tanks located in, on or under the Premises.
Landlord Representations. Except as otherwise disclosed to Tenant in writing prior to the mutual execution of this Lease, to knowledge actual knowledge of Landlord (without any duty of inquiry or investigation), (a) no Hazardous Material is present in the Premises, the Building, or at the Business Park or the soil, surface water or groundwater thereof in violation of environmental laws, (b) no underground storage tanks are present on the Business Park, and (c) no action, proceeding or claim is pending or threatened in writing regarding the Building or the Business Park concerning any Hazardous Material or pursuant to any environmental Law.
