Landlord’s Representation and Warranty. Landlord represents and warrants to Tenant that as of the date of this Lease, to the best of Landlord’s actual knowledge, there are no Hazardous Materials in or upon the Premises or the balance of the Project in violation of applicable Law. For purposes of this Section 27.E., the phrase “to the best of Landlord’s actual knowledge” shall mean and be limited to the actual knowledge as of the date of this Lease, without any inquiry or investigation, of Xxxxx Xxxx, Managing Director of Spear Street Capital, LLC, and Xxx Xxxxxxx, Vice President of Spear Street Capital, LLC.
Landlord’s Representation and Warranty. Landlord hereby represents to Tenant that the 6th Floor Space is currently leased to HealthNet pursuant to a lease that expires June 14, 2018. Landlord acknowledges that, in order for Landlord to perform the 6th Floor Work (defined below) and deliver the 6th Floor Space to Tenant by the E6FSDD (defined below), HealthNet must vacate the 6th Floor Space no later than thirty (30) days after such expiration date, and therefore Landlord hereby represents and warrants to Tenant that Landlord shall exercise commercially reasonable diligence to cause HealthNet to vacate the entire 6th Floor Space by no later than thirty (30) days after such expiration date, and, if HealthNet does not so vacate the entire 6th Floor Space by such date, Landlord shall enforce its rights under such lease to cause HealthNet to vacate the entire 6th Floor Space as soon thereafter as is reasonably possible, including, without limitation, Landlord’s right under such lease to re-enter and take possession of such 6th Floor Space without process, or by any legal process in force in the State of California.
Landlord’s Representation and Warranty. Landlord represents and warrants, to the best actual knowledge of Landlord, without inquiry, that:
(1) except as stated in the preliminary site assessment dated June 25, 1991 attached hereto, no Hazardous Substances are now or have ever been located, produced, treated, stored, transported, incorporated, discharged, emitted, released, deposited or disposed of in, upon, under, over or from the Property by Landlord except for Hazardous Substances utilized in conjunction with office equipment and systems or cleaning supplies; and
(2) neither the Property nor any part there of is in violation of any Environment Law.
Landlord’s Representation and Warranty. Landlord hereby represents -------------------------------------- and warrants to Tenant that Landlord has no actual knowledge of any Hazardous Substances in, on or under the Demised Premises as of the date of this Lease, except Hazardous Substances that may be located, used or stored at the Demised Premises in compliance with all applicable Hazardous Substances Laws. Landlord has informed Tenant of the existence of one or more abandoned underground storage tanks (USTs) somewhere under the rear yard of the Property. As between Landlord and Tenant, Landlord shall be responsible for, and agrees to indemnify Tenant against, any and all obligations and liabilities arising out of federal, state or local laws pertaining to the USTs and any contamination caused by releases from the USTs. Landlord shall be responsible for the closure of the USTs in accordance with applicable environmental laws and Landlord will provide Tenant with a copy of the clearance from the Louisiana Department of Environmental Quality (DEQ) of the closure. If permitted by DEQ, Landlord intends to close the USTs by filling the USTs with an inert solid material. Landlord will remove the USTs only if leaving the USTs in place prevents Tenant from obtaining permits for the Initial Construction (as defined in Section 8.1) or for the occupancy or operation of Tenant's business or if the USTs interfere in more than an incidental fashion with the Initial Construction.
Landlord’s Representation and Warranty. By the execution hereof, -------------------------------------- Landlord and each individual signing on behalf of Landlord does hereby represent that:
(1) Landlord has the full power and authority to enter into this Lease and perform the obligations of Landlord hereunder; and (2) by the execution hereof, this Lease is a valid, binding obligation of Landlord, enforceable in accordance with its terms, except for the application of bankruptcy and other debtor's and creditor's laws generally.
Landlord’s Representation and Warranty. Landlord hereby represents and warrants to Tenant that to the best of Landlord’s knowledge, based solely on those environmental reports for the Project in Seller’s possession or within Seller’s control as of the Effective Date, there are no Hazardous Materials currently in, on or under the Project that are required to be remediated by any applicable law or that pose a hazard to human health or safety.
Landlord’s Representation and Warranty. Landlord represents and warrants to Tenant that, as of the Effective Date, to Landlord’s actual knowledge and except as set forth in any environmental assessment reports that Tenant has obtained, or that Landlord has obtained and delivered to Tenant, including, without limitation, that certain Final Phase I Environmental Site Assessment — NWC of I-15 and N Lamb Boulevard, Parcels 000-00-000¬001/123-31 -602-003/123-31-602-004/000-00-000 -004, North Las Vegas, Xxxxx County, Nevada — prepared by Advantage Environmental Consultants, LLC (AEC Project No. 16-095N), dated August 9, 2016, a copy of which has heretofore been delivered to Tenant, no Hazardous Materials (including, without limitation, asbestos or asbestos containing materials) are located on or in the Property in violation of Hazardous Materials Laws.
Landlord’s Representation and Warranty. As of the date of this Lease, Landlord represents and warrants that to the best of Landlord's actual knowledge (and except as otherwise disclosed in that certain environmental assessment report dated July 5, 2006 and prepared by OGI Environmental LLC, a copy of which has been provided by Landlord to Tenant), the Property is free of any Hazardous Materials in violation of any Environmental Requirements, and will be free upon Substantial Completion of the Building Shell Improvements and the Tenant Improvements. Tenant shall have no liability of any kind to Landlord for any Environmental Damages resulting from or related to Hazardous Materials located on, under or about the Property as of the date of this Lease or upon Substantial Completion of the Building Shell Improvements (or the Tenant Improvements. As used in this Section, the "actual knowledge" of Landlord means the actual knowledge of Rodman C. Martin (as opposed to constructive, implied, or imputed), xxx xxxxxxx xxx investigation.
Landlord’s Representation and Warranty. To the best of Landlord's knowledge, the Premises and Project do not contain Hazardous Materials in violation of Hazardous Materials Laws except as disclosed in the Phase I Assessment. For purposes of this Section 7.7, the phrase "to the best of Landlord's knowledge" means the actual knowledge as of the Lease Date of Landlord's Manager's management and professional officers actually involved in the purchase or management of the Project, without the obligation to conduct investigation or inquiries of any third parties. The parties acknowledge that Landlord has done no independent investigation of whether Hazardous Materials are present in, on or 12/18/94 Landlord Initials /s/ ----- Tenant Initials /s/ -----
Landlord’s Representation and Warranty. Landlord represents and warrants to Tenant that Landlord has no knowledge of the existence of any Hazardous Materials in violation of Hazardous Materials Laws at, to, in, on, under, or about the Premises as of December 14, 1998.
