Landlord Warranties. Landlord represents and warrants the following to Tenant as of the date hereof and as of the Commencement Date:
(a) Landlord is duly organized and validly existing as a limited liability company in the Commonwealth of Massachusetts. Landlord has full power and authority to execute and deliver this Lease, and to carry on its business as presently conducted.
(b) Landlord has the complete and unrestricted power to enter into this Lease and perform its obligations hereunder. The Lease when executed and delivered by Landlord, constitutes the valid and legally binding obligation of Landlord, enforceable against Landlord in accordance with its term; subject to (i) applicable bankruptcy, insolvency, reorganization, moratorium and other laws affecting the rights of creditors generally and (ii) the exercise of judicial discretion in accordance with general principles of equity.
(c) Landlord is not a parry to any litigation, proceeding or controversy pending before any court or administrative agency or, to Landlord's knowledge, threatened against Landlord; nor is Landlord in receipt of any inquiry, notice, citation, investigation or complaint from any governmental agency or department, which might materially adversely affect Landlord's ability to enter into and/or perform its obligations under this Lease.
(d) Landlord is not a party to, subject to or bound by, any agreement, judgment, order, writ, injunction or decree of any court or Governmental Authority which could prevent the consummation of the transactions contemplated herein.
(e) Neither the execution or delivery, nor performance of this Lease or the other agreements contemplated herein in accordance with their respective terms, does, nor will, after the giving of notice; the lapse of time or otherwise, conflict with, result in a breach of, or constitute a default under, the charter of Landlord or to the knowledge of Landlord constitute a default under any contract or other agreement to which Landlord is a party (except those for which consent has been or will be obtained by the Commencement Date) or by which Landlord is bound, or of any federal or state law; statute, ordinance, rule or regulation, or of any court or administrative order or process
Landlord Warranties. There is no obligation on a landlord to give any warranty. However, by offering what is easy, the landlord will pre-empt problems ■ ■ ■ ■ ■ ■ ■ ■ . ■ ■ ■ ■ ■ ■
Landlord Warranties. Landlord agrees, at its sole cost and expense: (i) to comply with and execute all present and future laws, ordinances, orders and regulations concerning Landlord's construction, maintenance and operation of the Shopping Center; (ii) to comply with and execute all present and future rules, regulations and recommendations of the Board of Fire Underwriters concerning Landlord's construction, maintenance and operation of the Shopping Center; and (iii) not to commit any act or action which would prohibit Tenant from conducting its business within the Premises under the Permitted Use. Landlord represents and warrants to Tenant that Landlord is both the legal and beneficial owner of the Shopping Center.
Landlord Warranties. Landlord represents and warrants as follows:
(a) Landlord has full power and authority to enter into this Agreement, and this Agreement is a valid and binding obligation of Landlord enforceable in accordance with its terms (subject to the laws of bankruptcy and other equitable principles affecting the rights of creditors generally).
(b) Landlord has not employed any broker or finder in connection with the negotiation or procuring of this Lease and has not had any dealings with any person which may entitle that person to a fee or commission. Landlord agrees to indemnify and hold Tenant harmless against any claims, demands, or damages whatsoever by virtue of any arrangement or commitment made by Landlord with or to any person that may entitle such person to any fee or commission in connection with this Lease.
Landlord Warranties. Landlord warrants that the Building, Site and Multi-Story Parking Facility comply with governmental laws and regulations that are applicable to the Building, Site and Multi-Story Parking Facility, and except for Tenant's obligations described in Section 55 of the Lease, Landlord shall be responsible for the costs of compliance with such laws and regulations.
Landlord Warranties. In order to induce Tenaxx xx execute this Lease, Landlord represents to Tenant as follows:
27.1 The Property on the Commencement Date shall be in attractive, first class and fully operative condition.
27.3 The Property on the date hereof and on the Commencement Date will comply with all government rules, laws, ordinances, regulations or requirements, of any kind whatsoever (including without limitation, all building codes, zoning codes, and police and fire regulations), and will on the Commencement Date comply with all private restrictions, conditions and covenants including without limitation the Declaration of Covenants, Conditions and Restrictions for Cypress Corporate Center, a copy of which has been presented to Tenant by Landlord, except as to any special requirements because of Tenant's use of the Premises or caused by Tenaxx'x xodifications of the Premises.
27.4 The Property does not contain on the Commencement Date of the Lease any asbestos nor any hazardous waste material subject to federal, state or local regulations as to use, contact, storage or disposal, including, without limitation, hazardous waste or materials subject to regulation by the Environmental Protection Agency or the Occupational Safety and Health Acts of the United States of America. In the event asbestos or hazardous waste material, or any effects thereof, are found to have existed on the Property as of the Commencement Date, Landlord, at its sole expense, and in compliance with applicable laws and regulations, shall promptly remove such asbestos or hazardous waste or material, or the effects thereof, from the Property.
27.5 On the Commencement Date, Landlord has fee title to the Property. If Tenant's acts cause a breach of an above representation or warranty (except for paragraph 27.5), then Landlord shall not be responsible for same.
Landlord Warranties. In connection with the performance by Landlord of its obligations under this Section 18, Landlord hereby represents and warrants to Tenant as follows:
(a) Landlord is the owner of the Demised Premises, subject to the Permitted Encumbrances;
(b) The Building, including the Landlord's Work, will, upon achieving Substantial Completion, comply with all applicable Governmental Requirements;
(c) As of the Lease Date, the Primary Use is lawful under all applicable Governmental Requirements and is permissible under the Protective Covenants; and
(d) As of the Lease Date, no default has occurred and is continuing under the Protective Covenants with respect to the Demised Premises (and no event has occurred which, with the passage of time or the giving of notice, or both, would become a default) and Landlord has received no notice (and has no actual knowledge) of any violation by the Demised Premises of any Governmental Requirements.
Landlord Warranties. The Landlord warrants that:
21.1. he is not ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ;
21.2. [the Premises have ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ];
21.3. there is ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ;
21.4. the Premises are supplied ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ , ■ ■ ■ ■ , ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ .
21.5. the services mentioned above have ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ , ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ;
Landlord Warranties. Landlord shall deliver the Lease Premises to Lessee in broom clean condition. Subject to the foregoing obligation on the part of Landlord, Lessee acknowledges that it has inspected the Lease Premises and agrees to accept the Lease Premises in their “AS IS” condition. Lessee acknowledges that Landlord has made no representations or warranties concerning the condition of the Lease Premises or their fitness for any particular use and Lessee shall rely solely on its own investigations and inspections to determine the suitability of the Lease Premises for its intended use.
Landlord Warranties. 1. Landlord warrants to B of A and SCB, as follows:
(a) Attached hereto as Exhibit 7 is a true, correct, and complete copy of the written lease between B of A and Landlord for the premises known as 000 X Xxxxxx, Xxxxx 000, Xxxxxxxxxx, Xxxxxxxxxx, dated March 29, 1989.
(b) The lease attached hereto as Exhibit 7 is in full force and effect and, except as provided herein, has not been amended, modified, or supplemented, orally or in writing.
2. The term of the lease (Exhibit 7) commenced on August 1, 1989.
(a) The term of the lease (Exhibit 7) will expire on July 31, 1999.
(b) The current amount of base monthly rent is $22,820.35, and the current amount of direct expenses is $3,183.39 per month.
(c) The amount of security deposits (if any) is zero. No other security deposits have been made.
(d) B of A is paying the full lease rental, which has been paid in full as of the date hereof. No rent or other charges under the lease (Exhibit 7) have been paid for more than 30 days in advance of its due date.
(e) All work required to be performed by Landlord under the lease (Exhibit 7) has been completed; provided, however, that Landlord acknowledges an existing credit of $4,450.00 for tenant improvement allowance which Landlord will reimburse to B of A within fourteen (14) days of the execution of this Restructure agreement. The foregoing provision shall not be construed to make Landlord a party to the Tenant Improvement Funding Agreement.
(f) There are no defaults on the part of Landlord or B of A under the lease (Exhibit 7).
(g) Landlord has no defense to the performance of its obligations under the lease (Exhibit 7) and claims no set-off or counter-claim against B of A.
(h) Landlord, or its property manager, has no right to any additional compensation (rental or otherwise) from B of A except as provided in the lease (Exhibit 7). All provisions of the lease and modifications thereto referred to herein are hereby ratified.
(i) Subject to B of A’s continued performance under the underlying lease between the date hereof and August 1, 1994, Landlord represents and warrants to SCB that if SCB performs all the provisions in the underlying lease and Restructure Agreement to be performed by SCB, SCB shall have and enjoy throughout the term of the underlying lease and Restructure Agreement the quiet and undisturbed possession of the Premises.
3. The persons executing this Restructure Agreement and the various exhibits attached to the Restructure Agreement warrant that they h...
