LANDLORD’S ENVIRONMENTAL REPRESENTATION AND WARRANTY Sample Clauses

LANDLORD’S ENVIRONMENTAL REPRESENTATION AND WARRANTY. Landlord hereby represents and warrants to Tenant that, as of the date hereof, (a) to the best of Landlord’s knowledge, after reasonable inquiry and except as disclosed in the three “Phase I” environmental reports prepared by Law Engineering and Environmental Associates dated February 4, February 4, February 13, 1998 and April 2, 1998 with respect to the Sites, (i) the Sites and the Phase II Sites are in compliance with all Environmental Laws and no condition exists with respect to the soil, surface waters, groundwater, land, surface or subsurface strata, and/or ambient air at, on or with respect to the Sites and the Phase II Sites which could result in liability under any Environmental Laws and (ii) there has been no occurrence of a Release or Contamination, or threat of Release or Contamination, in each case, at, on or with respect to the Sites and the Phase II Sites, (b) Landlord has delivered to Tenant or shall make available to Tenant copies of all reports and other documentation in Landlord’s possession with respect to all studies of an environmental nature conducted on any portion of the Resort Property, including all environmental audits, environmental assessments and “Phase I” and “Phase II” reports, and (c) to the best of Landlord’s knowledge, the Resort Property (excluding the Sites and the Phase II Sites) is in compliance with all Environmental Laws and no condition exists with respect to the soil, surface waters, groundwater, land, surface or subsurface strata, and/or ambient air at, on or with respect to such adjacent property which could reasonably be expected to adversely impact the Sites or Phase II Sites.
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LANDLORD’S ENVIRONMENTAL REPRESENTATION AND WARRANTY. The Landlord represents and warrants that to the best of its knowledge and belief, prior to the Possession Date, the Leased Premises do not contain any Hazardous Substances beyond legal limits, and if during the Term or any extension thereof, any Hazardous Substance beyond legal limits not introduced by the Tenant or those for whom the Tenant is at law responsible, is discovered within the Leased Premises or the Building, or any provincial, federal or municipal government authority or agency having jurisdiction requires the removal of any such Hazardous Substance, the Landlord shall, at the Landlord’s expense, remove or take other accepted abatement measures with respect to such Hazardous Substance in compliance with or as required by all Applicable Laws and the Landlord agrees to defend, indemnify and save the Tenant harmless from and against any claims, accidents, costs, damages, liabilities and expenses (including reasonable legal fees) arising out of any breach of the foregoing.
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Related to LANDLORD’S ENVIRONMENTAL REPRESENTATION AND WARRANTY

  • Environmental Representations and Warranties Except as otherwise disclosed by that certain Phase I environmental report (or Phase II environmental report, if required) delivered to Lender by Borrower in connection with the origination of the Loan (such report is referred to below as the “Environmental Report”), (a) there are no Hazardous Substances or underground storage tanks, surface impoundments, landfills, or disposal areas in, on, or under the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the Property, except those that are (i) in compliance with Environmental Laws and with permits issued pursuant thereto (to the extent such permits are required under Environmental Laws), (ii) de-minimis amounts necessary to operate the Property for the purposes set forth in this Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, and (iii) fully disclosed to Lender in writing prior to the execution of the Loan Documents; (b) there are no past, present or threatened Releases of Hazardous Substances in, on, under or from the Property which has not been fully remediated in accordance with Environmental Law; (c) there is no threat of any Release of Hazardous Substances migrating to the Property; (d) there is no past or present non-compliance with or liability under any Environmental Laws, or with permits issued pursuant thereto, in connection with the Property (or operations thereon) which has not been fully remediated or resolved in accordance with Environmental Law; (e) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person (including a Governmental Authority) relating to the possible liability of any Person pursuant to any Environmental Law, any Hazardous Substances or other environmental conditions present at or otherwise involving the Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; (f) Borrower has truthfully and fully disclosed to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property that is known to Borrower and has provided to Lender all information that is contained in Borrower’s files and records, including any reports relating to Hazardous Substances in, on, under or from the Property or the environmental condition of the Property; and (g) there are no Institutional Controls or Environmental Liens on or affecting the Property.

  • Tenant Representation and Warranty Tenant hereby represents and warrants to Landlord that (i) neither Tenant nor any of its legal predecessors has been required by any prior landlord, lender or Governmental Authority at any time to take remedial action in connection with Hazardous Materials contaminating a property which contamination was permitted by Tenant of such predecessor or resulted from Tenant’s or such predecessor’s action or use of the property in question, and (ii) Tenant is not subject to any enforcement order issued by any Governmental Authority in connection with the use, storage, handling, treatment, generation, release or disposal of Hazardous Materials (including, without limitation, any order related to the failure to make a required reporting to any Governmental Authority). If Landlord determines that this representation and warranty was not true as of the date of this lease, Landlord shall have the right to terminate this Lease in Landlord’s sole and absolute discretion.

  • Environmental Representations Except as disclosed on Schedule 6.17 to this Agreement:

  • LANDLORD'S REPRESENTATIONS AND WARRANTIES Landlord represents and warrants to Tenant as follows:

  • Tenant’s Representations and Warranties The undersigned represents and warrants to Landlord that (i) Tenant is duly organized, validly existing and in good standing in accordance with the laws of the state under which it was organized; (ii) all action necessary to authorize the execution of this Amendment has been taken by Tenant; and (iii) the individual executing and delivering this Amendment on behalf of Tenant has been authorized to do so, and such execution and delivery shall bind Tenant. Tenant, at Landlord's request, shall provide Landlord with evidence of such authority.

  • Additional Representation and Warranty The parties hereby warrant that neither party shall knowingly insert into any interface, other software, or other program provided by such party to the other hereunder, or accessible on the Electronic Services site or Trust’s web site(s), as the case may be, any “back door,” “time bomb,” “Trojan Horse,” “worm,” “drop dead device,” “virus” or other computer software code or routines or hardware components designed to disable, damage or impair the operation of any system, program or operation hereunder. For failure to comply with this warranty, the non-complying party shall immediately replace all copies of the affected work product, system or software. All costs incurred with replacement including, but not limited to, cost of media, shipping, deliveries and installation, shall be borne by such party.

  • Lessor’s Representations and Warranties Lessor represents and warrants that it will abide by and conform to all such laws, governmental and airport orders, rules and regulations, as shall from time to time be in effect relating in any way to the operation and use of the Aircraft pursuant to this Agreement.

  • LESSEE'S REPRESENTATIONS AND WARRANTIES Lessee represents and warrants that:

  • Landlord’s Representation Notwithstanding anything contained in this Article 15 to the contrary, Tenant shall not have any liability to Landlord under this Article 15 resulting from any conditions existing, or events occurring, or any Hazardous Substances existing or generated, at, in, on, under or in connection with the Leased Premises prior to the Commencement Date of this Lease except to the extent Tenant exacerbates the same.

  • Seller’s Representations, Warranties and Covenants Seller hereby represents, warrants and covenants to Buyer as follows:

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