Landlord Representations and Warranties. Landlord hereby unconditionally warrants, represents and covenants, to the best of Landlord’s knowledge, to Master Tenant, as of the date hereof as follows.
Landlord Representations and Warranties. Landlord hereby represents and warrants to Tenant as follows:
Landlord Representations and Warranties. In addition to and in no way limiting those representations and warranties made is Section 7.06, Article 27 and elsewhere in this Lease and notwithstanding the Tenant’s investigations, Landlord hereby represents and warrants to Tenant as follows as of the date hereof;
(a) Except as may be disclosed on Exhibit “E”, Landlord has not received any written notice that any portion of the Premises is unfit for the Permitted Use or that there exists any defect in the design, workmanship or suitability thereof and Landlord is not aware of any such adverse conditions, whether latent or patent.
(b) There is no delinquent tax or any actual or threatened assessment of deficiency or additional tax or other governmental charge, and Landlord is unaware of a basis for such a claim with respect to the Premises. There are no tax liens on the Premises other than liens for real property taxes that are not yet delinquent.
(c) No assessments, defaults or claims related to the Riverwalk Crossing or the Common Areas or any other assessments, defaults or claims for public improvements have been made against the Premises or the Common Areas of Riverwalk Crossing which remain due and unpaid.
(d) All bills and claims for labor performed and services and materials furnished for the Premises are or will be timely paid in full and the Premises is or will be as of the Commencement Date free from mechanic’s or materialman’s liens.
(e) All appropriate public utilities, including sanitary and storm sewers, water, gas and electricity, are currently available to the Premises.
(f) Except as may be disclosed on Exhibit “E”, Landlord is unaware of any issue that would cause either the Premises or Common Areas of Riverwalk Crossing to be in violation of any law, ordinance, regulation or governmental requirement, including, without limitation, matters relating to zoning or use of the Premises for its intended purposes, nor with respect to construction, fire protection, building code, health code, traffic, flood control or fire safety.
(g) Neither the Premises or Common Areas of Riverwalk Crossing are subject to any pending or threatened taking as such term is defined herein.
(h) Tenants of Riverwalk Crossing are obligated to and regularly remit their respective proportionate shares of Common Area Operating Expenses, as applicable, and except for the terminated lease with Origin, there are no outstanding disputes with respect to the payment of Common Area Operating Expenses or with respect to the Co...
Landlord Representations and Warranties. (a) Landlord, to induce Tenant to enter into this Lease, represents, warrants and agrees, as of the date first set forth above and the Commencement Date, as follows, which representations and warranties shall survive until one (1) year after the Commencement Date:
Landlord Representations and Warranties. Landlord hereby represents and warrants to Tenant and Subtenant that the following are true and correct as of the date hereof: (i) the Lease is unmodified and in full force in effect; (ii) the Lease evidences the entire agreement with respect to the Master Premises between Landlord and Tenant; and (iii) Tenant is not in default of the performance and/or observance of any material covenant, agreement or condition of the Lease on Tenant’s part to be performed or observed.
Landlord Representations and Warranties. As a prerequisite for participating in said Program, Landlord confirms that the following is true and correct:
1. Landlord is the owner of the Property, which includes residential rental units in the jurisdiction of the City of Santa Xxx.
2. Landlord is a business authorized to operate in the City of Santa Xxx.
3. The lease of residential units at the Property involves a written lease agreement between the Impacted Tenants and the Landlord.
4. The rental units at the Property must meet the Housing Quality Standards for a dwelling unit as defined by the Department of Housing and Urban Development and may not include individually rented bedrooms, garage units, or accessory dwelling units.
5. Landlord certifies that it has read the Housing Quality Standards included in the Landlord/Property Owner Certification attached hereto as Exhibit C and incorporated herein by this reference, and certifies that, to the best of Landlord’s knowledge, the applicable residential rental units subject to this Program meet the Housing Quality Standards listed therein.
6. All property taxes on the Property are paid and up to date.
7. All provisions of and information provided in Landlord’s Application, including any exhibits, for said Program submitted to City, incorporated herein by reference, are true and correct in all material respects.
8. Landlord certifies its revenue loss or rent loss at the Property due to COVID- 19 as detailed in the Certification of Loss of Rent due to the Coronavirus attached hereto as Exhibit B and incorporated herein by this reference.
9. Landlord has full right, power and lawful authority to accept the Grant Funds hereunder and to abide by all obligations as provided herein, and the execution, performance and delivery of this Agreement by Landlord, or a property management company on behalf of Landlord, has been fully authorized by all requisite actions on the part of the Landlord.
10. To the best of Landlord’s knowledge, Landlord’s execution, delivery and adherence to its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which Landlord is a party or by which it is bound.
11. Landlord has no intention to sell the Property, and is not the subject of any current or threatened bankruptcy proceeding that would affect the Property.
12. Landlord is not the subject of any current or threatened litigation that would or may materially affect the Property.
Landlord Representations and Warranties. Landlord hereby represents and warrants that, to Landlord’s actual knowledge as of the date full execution of this Amendment, the Landlord representations and warranties set forth in Section 31 of the Lease are true and correct as to the New Premises and are hereby fully restated as to the New Premises, except the representation set forth in Section 31(iii) of the Lease, which is not restated and Landlord shall not be deemed to have made any representation with regard the matters addressed by such Section 31(iii).
Landlord Representations and Warranties. Landlord hereby covenants and warrants that:
(i) Landlord is the fee simple owner of the Building and the Property, and Landlord has good and marketable title thereto.
(ii) The Property is subject to no prior lease, ground lease, or any covenant, declaration, easement, or other document or encumbrance which is reasonably likely to interfere with Tenant’s use and occupancy of the Building for the conduct of Tenant’s business.
(iii) The use of the Property for the purpose specified herein is permitted under applicable zoning ordinances and all conditions and restrictions of record affecting the Property.
(iv) The Property complies with all laws, statutes, codes, ordinances, rules, orders and regulations of any and all of the federal, state and local governmental (or quasi governmental) authorities having jurisdiction over the Property.
(v) The Property complies with all building codes and zoning requirements and restrictions, including, without limitations, the Americans with Disabilities Act.
(vi) The Property shall be ready for use and occupancy by Tenant, and all systems and improvements, including, but not limited to the roof, exterior demising walls, foundation, structural frame, water supply system, sewage disposal system, HVAC system, plumbing system and electrical system shall be in good operating condition and repair at the Commencement Date.
(vii) There are no hazardous or toxic substances in, under or about the Property except for items customarily utilized in an office building setting all of which are being utilized in accordance with applicable law.
(viii) Landlord is duly organized, validly subsisting legal entity, qualified to do business in the Commonwealth of Pennsylvania, with no proceedings pending or contemplated for its dissolution or reorganization, voluntarily or involuntarily.
(ix) Landlord has the full right, power and authority to execute, deliver and perform this Lease and the person executing this Lease on behalf of Landlord is authorized to do so.
Landlord Representations and Warranties. Landlord hereby makes the following representations and warranties, each of which is material and being relied upon by Tenant, is true in all respects as of the date of this Lease, and shall survive the expiration of the Lease Term or any earlier termination of this Lease.
30.22.1 If Landlord is an entity, Landlord is duly organized, validly existing and in good standing under the laws of the state of its organization and is qualified to do business in the state in which the Premises are located and the persons executing this Lease on behalf of Landlord have the full right and authority to execute this Lease on behalf of Landlord and to bind Landlord without the consent or approval of any other person or entity. Landlord has full power, capacity, authority and legal right to execute and deliver this Lease and to perform all of its obligations hereunder. This Lease is a legal, valid and binding obligation of Landlord, enforceable in accordance with its terms.
30.22.2 Landlord has not (a) made a general assignment for the benefit of creditors, (b) filed any voluntary petition in bankruptcy or suffered the filing of an involuntary petition by any creditors, (c) suffered the appointment of a receiver to take possession of all or substantially all of its assets, (d) suffered the attachment or other judicial seizure of all or substantially all of its assets, (e) admitted in writing its inability to pay its debts as they come due, or (f) made an offer of settlement, extension or composition to its creditors generally.
30.22.3 To Landlord’s current, actual knowledge, neither Landlord nor any affiliate or subsidiary of Landlord, is in violation of any Anti-Terrorism Law.
30.22.4 To Landlord’s current, actual knowledge, Landlord has not, as of the date hereof, received actual written notice that Landlord is:
(a) conducting any business or engaging in any transaction or dealing with any Prohibited Person, including the making or receiving of any contribution of funds, goods or services to or for the benefit of any Prohibited Person;
(b) dealing in, or otherwise engaging in any transaction relating to, any property or interests in property blocked pursuant to Executive Order No. 13224; or
(c) engaging in or conspiring to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate any of the prohibitions set forth in, any Anti-Terrorism Law; and
30.22.5 neither Landlord nor any of its affiliates, officers, director...
Landlord Representations and Warranties. Landlord hereby represents and warrants to Tenant that, to Landlord’s knowledge (which for purposes of this Lease will mean the actual knowledge of Xxxxx X. Xxxxxxxx or Xxxx Xxxxxxx, without independent inquiry or investigation): (a) Landlord has received no written notice of any breach, violation or default by Landlord or any other party under any Permitted Encumbrance existing on the Effective Date, which breach, violation or default remains uncured as of the Effective Date, and (b) all payments due from Landlord on or prior to the Effective Date under such Permitted Encumbrances have been paid by Landlord, and no such payments are currently delinquent or past due.
