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.
Landlord’s Representation. Landlord represents that, as of the Commencement Date the Premises shall not contain any Hazardous Substances in violation of Applicable Laws.
Landlord’s Representation. Tenant acknowledges that neither Landlord nor any of its agents made any representations or warranties respecting the Project, the Building or the Leased Premises, upon which Tenant relied in entering into this Lease, which are not expressly set forth in this Lease. Tenant further acknowledges that neither Landlord nor any of its agents made any representations as to (i) whether the Leased Premises may be used for Tenant's intended use under existing Law, or (ii) the suitability of the Leased Premises for the conduct of Tenant's business, or (iii) the exact square footage of the Leased Premises, and that Tenant relied solely upon its own investigations respecting said matters. Tenant expressly waives any and all claims for damage by reason of any statement, representation, warranty, promise or other agreement of Landlord or Landlord's agent(s), if any, not contained in this Lease or in any Addenda hereto.
Landlord’s Representation. Landlord represents and warrants to the best of its actual knowledge, without independent investigation or the imputation of knowledge from any other party, that as of the date of the Lease, Landlord (i) is not in receipt of notice of a violation nor is Landlord aware of any violation of any applicable Hazardous Materials Laws as of the date hereof with respect to the Premises or Building, (ii) no Hazardous Material is present on the Premises, Building or Project in violation of any applicable Hazardous Materials Laws, except possibly for asbestos containing materials in the mastic in the floor tile of in a portion of the Premises as noted in a survey done by Applied Geosciences, Inc,. dated April 20, 1990 (a summary of which has been delivered to Tenant), (iii) no underground storage tanks are present in the Premises or Building in violation of any Hazardous Materials Laws, and (iv) no action, proceeding or claim is pending or threatened regarding the Premises, Building or Project concerning the presence of any Hazardous Materials. Landlord covenants and agrees that it shall not deposit or dispose of any Hazardous Materials in the Building or Project in violation of the applicable Hazardous Materials Laws. Under no circumstances shall Landlord be liable to Tenant for any Hazardous Use by any tenant in the Project or any third party or as a result of any migration of any Hazardous Materials from adjacent property in, to, under or about the Building or Project. The foregoing representation and warranty is made by Landlord, but shall not be applicable to any lender under any mortgage or deed of trust now or hereafter encumbering the Building or Project or any such lender that acquires the Building or Project through foreclosure, trustee sale or deed in lieu thereof or by person acquiring the Building or Project from such lender.
Landlord’s Representation. The Property is located in the vicinity of various parcels of real property that have been the subject of prior investigation, remediation and oversight by State and Federal governmental authorities, and the Property has been the subject of investigation, remediation, and oversight in connection with contamination by Hazardous Materials migrating in, on and under the Property from such nearby sites. Prior to the Lease Date, Landlord has made available to Tenant all reports, results and other written communication to and from governmental authorities concerning Hazardous Materials in, on or under the Property and various sites in the vicinity of the Property which are in Landlord’s possession (collectively, the “Reports”). Except as otherwise disclosed in the Reports, Landlord represents to Tenant that to Landlord’s actual knowledge, as of the Lease Date and as of the Commencement Date: (i) there have been no previous spills of Hazardous Materials in the Building, and (ii) the Premises and the Property are in compliance with all Environmental Requirements. The term “actual knowledge,” as used in this Lease, means the actual knowledge of Mr. Xxxx Xxxxxxx as of the Lease Date, without any investigation or any duty to investigate.
Landlord’s Representation. Landlord represents and warrants to Tenant that hazardous substances have not been stored or disposed of on or in the Leased Premises or the Shopping Center. Furthermore, Landlord covenants with Tenant that it shall not generate, store or discharge any hazardous substances in the Shopping Center, nor (by lease or by contract which Landlord shall enforce) permit the same by any third party.
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 or for the acts or omissions of Landlord except to the extent Tenant exacerbates the same. Landlord represents that it has not received actual notice of the presence of any Hazardous Substance within the Leased Premises or the Building or common areas in violation of Environmental Laws.
Landlord’s Representation. Landlord represents, warrants, covenants and agrees that to the best of Landlord’s knowledge, information and belief after due inquiry and investigation, the Premises do not contain any asbestos or any building materials containing asbestos, nor shall Landlord permit any such materials containing asbestos to be installed within the Premises at any time during the Term of this Lease. Landlord further represents, warrants, covenants and agrees to the best of Landlord’s knowledge, information and belief after due inquiry and investigation, no portion of the land constituting the Premises (including, without limitation, the surface and subsurface thereof) was ever used for the dumping or storage of any pollutants, dangerous substances, toxic substances, hazardous wastes, hazardous materials, or hazardous substances as defined in or pursuant to the Resource Conservation and Recovery Act (42 U.S.C. Section 6901, et seq.) (“RCRA”) as amended, the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. Section 9601, et seq. (“CERCLA”) as amended, or any other federal, state or local environmental law, ordinance, rule or regulation or legal requirement, including, without limitation, laws relating to emissions, discharges, releases or threatened releases or pollutants, contaminants, chemicals, or industrial, toxic or hazardous substances or wastes into the environment (including, without limitation, ambient air, surface water, ground water, land surface or subsurface strata) or otherwise relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport or handling of pollutants, contaminants, chemicals, or industrial, toxic or hazardous substances or wastes. All such pollutants, contaminants, chemicals, dangerous substances, toxic substances, radioactive substances, hazardous wastes, hazardous materials, or hazardous substances are herein referred to as “Hazardous Materials.” Landlord shall not permit any dumping or storage on, in, under, or about the Premises of any Hazardous Materials during the Term of this Lease.
Landlord’s Representation. Landlord represents to Tenant that, to the best of Landlord’s knowledge, at the Commencement Date the Premises are free of Hazardous Substances In violation of any applicable Environmental Laws in effect as of the Commencement Date.
Landlord’s Representation. LANDLORD REPRESENTS, TO LANDLORD'S ACTUAL KNOWLEDGE, THAT AS OF THE COMMENCEMENT DATE, THE PROPERTY AND PREMISES ARE FREE FROM HAZARDOUS MATERIALS. "LANDLORD'S ACTUAL KNOWLEDGE" SHALL REFER ONLY TO THE ACTUAL (AS OPPOSED TO DEEMED, IMPUTED OR CONSTRUCTIVE) KNOWLEDGE OF XXXXXX XXXXXXX, LANDLORD'S DEVELOPMENT OFFICER AND XXX XXXXX, LANDLORD'S REGIONAL DIRECTOR, WITHOUT INQUIRY AND, NOTWITHSTANDING ANY FACT OR CIRCUMSTANCE TO THE CONTRARY, SHALL NOT BE CONSTRUED TO REFER TO THE KNOWLEDGE OF ANY OTHER PERSON OR ENTITY. LANDLORD HEREBY INDEMNIFIES AND HOLDS TENANT HARMLESS FROM AND AGAINST ANY LOSSES (AS HEREINAFTER DEFINED) ACTUALLY SUFFERED OR INCURRED BY TENANT AS A RESULT OF (i) ANY HAZARDOUS MATERIALS USED, EXPOSED, EMITTED, RELEASED, DISCHARGED, GENERATED, MANUFACTURED, SOLD, TRANSPORTED, HANDLED, STORED, TREATED, REUSED, PRESENTED, DISPOSED OF OR RECYCLED IN, AT, NEAR OR UNDER ALL OR ANY PORTION OF THE PREMISES OR THE PROPERTY PRIOR TO THE COMMENCEMENT DATE BY ANY Tenant Initial__________ Landlord Initial__________ PARTY OTHER THAN TENANT OR ANY TENANT'S PARTIES; AND (ii) ANY VIOLATION OF ENVIRONMENTAL LAWS, OR ANY PERMIT, APPLICATION OR CONSENT REQUIRED IN CONNECTION WITH ENVIRONMENTAL LAWS, BY THE PREMISES OR THE PROPERTY EXISTING PRIOR TO THE COMMENCEMENT DATE, EXCEPT TO THE EXTENT CAUSED BY TENANT OR ANY TENANT'S PARTIES. THE FOREGOING INDEMNITY SHALL SURVIVE A TERMINATION OF THIS LEASE.
