Common use of Landlord’s Representations and Warranties Clause in Contracts

Landlord’s Representations and Warranties. Landlord warrants that (i) it has full right and authority to lease the Premises upon the terms and conditions herein set forth; (ii) it has good and marketable title to the premises; (iii) the Premises is not subject to the lien of any deed of trust, mortgage or other similar encumbering instrument which is not subordinated to this Lease, unless Tenant has received a non-disturbance agreement from the holder of such lien; (iv) Landlord will put Tenant into complete and exclusive possession of the Premises free from all orders, restrictions, covenants, agreements, leases, easements, laws, codes, ordinances, regulations or decrees which would, in any way, prevent or inhibit the use of the Premises by Tenant as provided in Section 4 of this Lease, prevent or restrict the use of the access roads and passageways of the Premises by Tenant, its agents, employees or invitees; (v) the Premises will, at the time of delivery of possession by Landlord, be properly zoned for the operation of a office building in the Premises by Tenant; (vi) the Premises contains adequate parking facilities as required by applicable codes or ordinances for the Premises as constructed and operated in accordance with the provisions of this Lease; (vii) as of the date of this Lease, the Premises are in compliance with all applicable federal, state and local statutes, codes, ordinances and rules, including without limitation, those with respect to (1) hazardous substances and environmental regulations and (2) the Americans with Disabilities Act of 1990, as amended; (viii) the Premises, including all utilities and equipment necessary for operation of the Premises, has been constructed in a workmanlike manner and is in good condition at the commencement of the Lease term. This Section shall be in addition to any other warranties, express or implied, by Landlord or by third parties with respect to the premises or which otherwise may be created by law.

Appears in 2 contracts

Samples: Office Lease (G1 Therapeutics, Inc.), Office Lease (G1 Therapeutics, Inc.)

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Landlord’s Representations and Warranties. 7.1 Landlord represents and warrants to Tenant that: (a) Landlord is the owner of the Land and Building in fee simple, that (i) it has full right title is marketable and authority to lease the Premises upon the terms and conditions herein set forth; (ii) it has good and marketable title to the premises; (iii) the Premises is not subject to the lien of any deed of trust, mortgage defects or other similar encumbering instrument encumbrances which is not subordinated to this Lease, unless Tenant has received a non-disturbance agreement from the holder of such lien; (iv) Landlord will put Tenant into complete and exclusive possession of the Premises free from all orders, restrictions, covenants, agreements, leases, easements, laws, codes, ordinances, regulations or decrees which would, in any way, prevent or inhibit could adversely affect the use of the Demised Premises as contemplated by Tenant as provided in Section 4 of this Lease; that Landlord has full right, prevent or restrict power, and authority to execute and deliver this Lease and to grant to Tenant the exclusive use and possession of the Demised Premises; (b) The use of the access roads and passageways of Demised Premises contemplated by the Premises by Tenant, its agents, employees or invitees; (v) the Premises will, at the time of delivery of possession by Landlord, Lease will be properly zoned for the operation of a office building in the Premises by Tenant; (vi) the Premises contains adequate parking facilities as required by applicable codes or ordinances for the Premises as constructed and operated in accordance with the provisions of this Lease; (vii) as of the date of this Lease, the Premises are in compliance with permitted use under all applicable federal, state and local statutes, codes, ordinances and rules, including without limitation, those with respect to (1) hazardous substances and environmental regulations and ordinances now in effect and, to the best of the Landlord’s knowledge, there are no pending proceedings or plans to change such statutes, codes, rules, regulations and ordinances; (2c) Landlord will keep the Land, the Building, and the Demised Premises in good order and repair; (d) Landlord will provide peaceful and quiet enjoyment of the Demised Premises to Tenant and will not allow disruption or interference by any other tenant or other parties; and (e) To the best of Landlord’s knowledge, the common areas of the Building and the Land comply with the Americans with Disabilities Act of 19901990 and the rules and regulations promulgated thereunder, as amended; (viii) the Premises, including all utilities and equipment necessary for operation together with any amendments thereto. 7.2 Landlord acknowledges that Tenant is relying upon each of the Premises, has been constructed representations and warranties set forth in a workmanlike manner subparagraph 7.1 and is in good condition at that the commencement of the Lease term. This Section shall be in addition to any other warranties, express or implied, matters represented and warranted by Landlord or are substantial and material to Tenant. In the event of breach by third parties the Landlord, Tenant may terminate this Lease in accordance with respect to the premises or which otherwise may be created by lawsubparagraph 9.1.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Landlord’s Representations and Warranties. 7.1 Landlord represents and warrants to Tenant that: (a) Landlord is the owner of the Land and Building in fee simple, that (i) it has full right title is marketable and authority to lease the Premises upon the terms and conditions herein set forth; (ii) it has good and marketable title to the premises; (iii) the Premises is not subject to the lien of any deed of trust, mortgage defects or other similar encumbering instrument encumbrances which is not subordinated to this Lease, unless Tenant has received a non-disturbance agreement from the holder of such lien; (iv) Landlord will put Tenant into complete and exclusive possession of the Premises free from all orders, restrictions, covenants, agreements, leases, easements, laws, codes, ordinances, regulations or decrees which would, in any way, prevent or inhibit could adversely affect the use of the Demised Premises as contemplated by Tenant as provided in Section 4 of this Lease; that Landlord has full right, prevent or restrict power, and authority to execute and deliver this Lease and to grant to Tenant the exclusive use and possession of the Demised Premises; (b) The use of the access roads and passageways of the Demised Premises contemplated by Tenant, its agents, employees or invitees; (v) the Premises will, at the time of delivery of possession by Landlord, this Lease will be properly zoned for the operation of a office building in the Premises by Tenant; (vi) the Premises contains adequate parking facilities as required by applicable codes or ordinances for the Premises as constructed and operated in accordance with the provisions of this Lease; (vii) as of the date of this Lease, the Premises are in compliance with permitted use under all applicable federal, state and local statutes, codes, ordinances and rules, including without limitation, those with respect to (1) hazardous substances and environmental regulations and ordinances now in effect and, to the best of the Landlord’s knowledge, there are no pending proceedings or plans to change such statutes, codes, rules, regulations and ordinances; (2c) Neither the Americans with Disabilities Act of 1990Land, as amended; (viii) the Building nor the Demised Premises, including all utilities nor any portion thereof, is being condemned or taken by eminent domain and, to the best of Landlord’s knowledge, no such proceedings are contemplated by any lawful authority; (d) To the best of Landlord’s knowledge and equipment necessary belief, there is available to the Building and the Demised Premises adequate public water, gravity fed storm and sanitary sewers, electricity and telephone service for operation Tenant’s intended use of the PremisesDemised Premises as described in this Lease; (e) Landlord will not discontinue any service required to be provided by Landlord pursuant to this Lease and, has been constructed if any such discontinuance is contemplated, Landlord will provide Tenant with written notice at least thirty (30) days prior thereto together with a statement of the appropriate reduction in a workmanlike manner Basic Rent as compensation for such discontinuance; (f) Landlord will keep the Land, the Building and is the Demised Premises in good condition at order and repair and make all reasonable improvements to maintain the commencement Land, the Building and the Demised Premises as a first-class office building; (g) Landlord will keep the Building and the Demised Premises protected against flood, storm, water leakage through roofs and windows and against other hazards of nature and will repair or protect same from such hazards within a reasonable time after Landlord has notice of damage or the need for repair; and (h) Landlord will provide peaceful and quiet enjoyment of the Lease term. This Section shall Demised Premises to Tenant and will not allow such peaceful and quiet enjoyment to be in addition to disrupted or interfered with by any other warranties, express or impliedtenant in the Building, by Landlord, by anyone claiming under Landlord or by third parties with respect to the premises any other person, party or which otherwise may be created by lawentity.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Landlord’s Representations and Warranties. Landlord hereby represents and warrants that to Tenant that, as of the Execution Date: (a) Landlord is the record title owner of the Property; (b) No Superior Mortgage, Superior Lease or other mortgage, security interest or ground lease currently encumbers the Property or any portion thereof, except as otherwise expressly set forth in this Lease; (c) Landlord has full power and authority and has taken all action necessary to execute this Lease between the parties and to fulfill all of its obligations herein; (d) This Lease has been duly executed and delivered by Landlord and constitutes the legally binding and enforceable obligations of Landlord; (e) To Landlord's knowledge, there are no notices of violation, claims, disputes, or litigation of any kind pending or (to the best of Landlord’s knowledge) threatened, with respect to the Property; (f) To Landlord's knowledge no zoning approvals are required from the City of Chicago for use of the Premises for Landlord’s Core & Shell Work; (g) The Initial Tenant Work shall be completed in accordance with all applicable Laws; (h) Tenant’s proposed use of the Premises as a medical service and office is permitted under current zoning applicable to the Building; (i) it has full right The common areas will comply in all material respects with all statutes, regulations and authority codes (including the ADA) with respect to lease Landlord’s Core & Shell Work; and (j) Without limiting or waiving the provisions of Article 30, to Landlord's knowledge, there are no asbestos-containing materials or other Hazardous Materials presently located in, on, or about the Premises upon except as may be disclosed by the terms environmental reports and conditions herein set forthmaterials that have been delivered to Tenant; (ii) it has good to Landlord's knowledge, the environmental reports and marketable title materials that have been delivered to Tenant are true, complete and correct copies of all of the premisesenvironmental reports in Landlord's possession or control; and (iii) the Premises is Landlord has not subject to the lien of received any deed of trust, mortgage or other similar encumbering instrument which is not subordinated to this Lease, unless Tenant has received a non-disturbance agreement from the holder of such lien; (iv) Landlord will put Tenant into complete and exclusive possession of the Premises free from all orders, restrictions, covenants, agreements, leases, easements, laws, codes, ordinances, regulations or decrees which would, in any way, prevent or inhibit the use of the Premises by Tenant as provided in Section 4 of this Lease, prevent or restrict the use of the access roads and passageways of the Premises by Tenant, its agents, employees or invitees; (v) the Premises will, at the time of delivery of possession by Landlord, be properly zoned for the operation of a office building in the Premises by Tenant; (vi) the Premises contains adequate parking facilities as required by applicable codes or ordinances for the Premises as constructed and operated in accordance with the provisions of this Lease; (vii) as of the date of this Lease, the Premises are in compliance with all applicable federal, state and local statutes, codes, ordinances and rules, including without limitation, those with respect to (1) hazardous substances and environmental regulations and (2) the Americans with Disabilities Act of 1990, as amended; (viii) the Premises, including all utilities and equipment necessary for operation of the Premises, has been constructed in a workmanlike manner and is in good condition at the commencement of the Lease term. This Section shall be in addition to any other warranties, express or implied, by Landlord or by third parties notices with respect to the premises Premises alleging any violation of any Environmental Law or which otherwise may be created by lawrequiring any testing or remedial action concerning Hazardous Materials.

Appears in 1 contract

Samples: Lease Agreement (Exicure, Inc.)

Landlord’s Representations and Warranties. Notwithstanding the foregoing ----------------------------------------- or any other provision of this Lease to the contrary, Landlord warrants that hereby makes the following representations and warranties, each of which are true and correct as of the date of this Lease: (i) it has full right Landlord represents and authority to lease the Premises upon the terms and conditions herein set forth; (ii) it has good and marketable title warrants that, to the premises; (iii) best of Landlord's actual knowledge, the Project, the Building and the Leased Premises is not subject to the lien of any deed of trustare in full compliance with all Federal, mortgage State or other similar encumbering instrument which is not subordinated to this Lease, unless Tenant has received a non-disturbance agreement from the holder of such lien; (iv) Landlord will put Tenant into complete and exclusive possession of the Premises free from all orders, restrictions, covenants, agreements, leases, easements, laws, codeslocal statutes, ordinances, regulations or decrees which wouldregulations, in any waybuilding codes and other life, prevent or inhibit the use of the Premises by Tenant as provided in Section 4 of this Lease, prevent or restrict the use of the access roads fire and passageways of the Premises by Tenant, its agents, employees or invitees; (v) the Premises will, at the time of delivery of possession by Landlord, be properly zoned for the operation of a office building in the Premises by Tenant; (vi) the Premises contains adequate parking facilities as required by applicable safety codes or ordinances for the Premises as constructed and operated other laws, rules or regulations in accordance with the provisions of this Lease; (vii) effect as of the date of this Lease, and Landlord covenants to maintain the Project, the Building and the Leased Premises are (exclusive of Tenant's interior improvements and personal property) in compliance with all applicable federalthe same during the Lease Term; (ii) Landlord represents and warrants that the Building and the Property are subject only to (a) the encumbrances set forth in that certain Owner's Policy of Title Insurance issued by Lawyers Title Insurance Corporation dated December 16, state and local statutes, codes, ordinances and rules1998 under Policy No. 000-00-000000, including that certain Deed of Trust from Cherokee Equities, LLC to the Public Trustee for the use of Xxxxxx Real Estate, Inc. to secure $2,800,000 dated December 14, 1998 and recorded December 16, 1998 at Reception No. 98185887 (the "Deed of Trust"), in connection with which Deed of Trust Landlord covenants to use commercially reasonable efforts to obtain an appropriate Subordination, Non-Disturbance and Attornment Agreement for in favor of Tenant promptly following the parties' execution of this Lease; (iii) Landlord hereby represents and warrants that: (i) to the best of Landlord's actual knowledge, [and with the exception of the Hewlett Packard property and possible water contamination previously disclosed to Tenant], the Project, the Building and the Leased Premises do not currently contain any Hazardous Materials in violation of any Environmental Regulations, including, without limitation, those with respect to (1) hazardous substances and environmental regulations the soil or ground water, and (2ii) Landlord has received no notice or other information concerning violations of any Environmental Regulations or the Americans presence of Hazardous Materials on any of the properties adjacent to or in the immediate vicinity of the Project, the Building or the Leased Premises; (iv) Landlord hereby represents and warrants that: (i) Hexokee is the owner of Lot 4 and Lot 5 of the Kaman Subdivision, and that the Property currently has, by way of permanent, non-exclusive easements or other rights of record, permanent and irrevocable rights of access over and across Xxx 0 xxx Xxx 0 xx xxx Xxxxx Subdivision to publicly dedicated streets (including Garden of the Gods Road and Centennial Boulevard), which access rights are irrevocable and cannot be terminated or otherwise eliminated without the prior written consent of Landlord, all for purposes of providing the Property with Disabilities Act access to publicly dedicated streets; (v) Landlord hereby represents and warrants that all requisite consents to Landlord's execution of 1990this Lease required by any lender of Landlord have been fully obtained, and that no other party has any right to consent to or otherwise object to Landlord's execution of this Lease or encumbrance of the Property with the terms, covenants and conditions of this Lease; and (vi) Landlord hereby represents and warrants that all prior leases of the Property, the Building and the Leased Premises have been forever and irrevocably terminated, and are of no further force or effect, and that the Property, the Building and the Leased Premises are, as amended; (viii) the Premises, including all utilities and equipment necessary for operation of the Premises, has been constructed in a workmanlike manner and is in good condition at the commencement date of the Lease termparties' execution of this Lease, unencumbered by any other party's leasehold rights, or any other rights except as provided in item (ii) above. This Section Landlord shall protect, defend, indemnify and hold Tenant harmless from and against any and all losses, costs (including reasonable attorneys' fees and costs), liabilities and claims arising from a breach of any of the foregoing representations and warranties. For purposes of the foregoing, the "actual knowledge" of Landlord shall be in addition deemed to any other warranties, express or implied, by Landlord or by third parties with respect to mean the premises or which otherwise may be created by lawactual knowledge of Xxxxx X. Xxxxxxxx and Link Xxxxxxx.

Appears in 1 contract

Samples: Office and Industrial Building Lease (Rockshox Inc)

Landlord’s Representations and Warranties. 8.1. Landlord represents and warrants to Tenant that: (a) Landlord is the owner of the Land and Building in fee simple, that (i) it has full right title is marketable and authority to lease the Premises upon the terms and conditions herein set forth; (ii) it has good and marketable title to the premises; (iii) the Premises is not subject to the lien of any deed of trust, mortgage defects or other similar encumbering instrument encumbrances which is not subordinated to this Lease, unless Tenant has received a non-disturbance agreement from the holder of such lien; (iv) Landlord will put Tenant into complete and exclusive possession of the Premises free from all orders, restrictions, covenants, agreements, leases, easements, laws, codes, ordinances, regulations or decrees which would, in any way, prevent or inhibit could adversely affect the use of the Demised Premises as contemplated by Tenant as provided in Section 4 of this Lease; that Landlord has full right, prevent or restrict power and authority to execute and deliver this Lease and to grant to Tenant the exclusive use and possession of the Demised Premises; (b) The use of the access roads and passageways of Demised Premises contemplated by the Premises by Tenant, its agents, employees or invitees; (v) the Premises will, at the time of delivery of possession by Landlord, Lease will be properly zoned for the operation of a office building in the Premises by Tenant; (vi) the Premises contains adequate parking facilities as required by applicable codes or ordinances for the Premises as constructed and operated in accordance with the provisions of this Lease; (vii) as of the date of this Lease, the Premises are in compliance with permitted use under all applicable federal, state and local statutes, codes, ordinances and rules, including without limitationregulations and ordinances now in effect and, those to the best of the Landlord's knowledge, there are no pending proceedings or plans to change such statutes, codes, rules, regulations and ordinances; (c) Neither the Land, the Building nor the Demised Premises, nor any portion thereof, is being condemned or taken by eminent domain and, to the best of the Landlord’s knowledge, no such proceedings are contemplated by any lawful authority; (d) To the best of Landlord’s knowledge and belief, there is available to the Building and the Demised Premises adequate public water, gravity fed storm and sanitary sewers, electricity and telephone service for Tenant’s intended use of the Demised Premises as described in this Lease; (e) Landlord will not discontinue any service required to be provided by Landlord pursuant to this Lease and, if any such discontinuance is contemplated, Landlord will provide Tenant with respect written notice at least thirty (30) days prior thereto together with a statement of the appropriate reduction in Basic Rent as compensation for such discontinuance; (f) Landlord will keep the Land, the Building and the Demised Premises in good order and repair and make all reasonable improvements to maintain the Land, the Building and the Demised Premises in the same condition as at the commencement of this Lease; (1g) hazardous substances Landlord will keep the Building and the Demised Premises protected against flood, storm, water leakage through roofs and windows and against other hazards of nature and will repair or protect same from such hazards within ninety (90) days after Landlord has notice of damage or the need for repair; (h) Landlord will repair and remediate any damage and environmental regulations hazard (including mildew and mold) to the Building and/or the Demised Premises resulting from water damage within ninety (290) days after Landlord has notice of damage or the need for repair; (i) Landlord will be responsible for any asbestos testing needed and asbestos abatement required as a result of Renovations or Improvements, as defined in Sections 11.1 and 11.2 hereinbelow, made by Landlord or Tenant; (j) Landlord will provide peaceful and quiet enjoyment of the Demised Premises to Tenant and will not allow such peaceful and quiet enjoyment to be disrupted or interfered with by any other tenant in the Building, by Landlord, by anyone claiming under Landlord or any other person, party or entity. Tenant shall have access to the Demised Premises twenty-four hours a day, seven days per week, 365 days per year; (k) To the best of Landlord’s knowledge, the common areas of the Building and the Land comply with the Americans with Disabilities Act of 19901990 and the rules and regulations promulgated thereunder (the “ADA”) together with any amendments thereto; (l) Landlord represents and warrants that the rentable square footage for which Tenant is making payment has been measured and computed in accordance with BOMA standards; and (m) Within thirty (30) days of Tenant’s occupancy, as amended; (viii) the Premises, including all utilities and equipment necessary for operation Landlord shall provide a floor plan to scale of the Premises, has been constructed in a workmanlike manner and is in good condition Demised Premises as occupied by the Tenant at the commencement Commencement Date. 8.2. Landlord acknowledges that Tenant is relying upon each of the Lease termrepresentations and warranties set forth in subparagraph 8.1 and that the matters represented and warranted by Landlord are substantial and material to Tenant. This Section In the event such representations and warranties shall be breached by Landlord, Tenant, at its sole election, may terminate this Lease in addition to any other warranties, express or implied, by Landlord or by third parties accordance with respect to the premises or which otherwise may be created by lawsubparagraph 14.1(e).

Appears in 1 contract

Samples: Lease Agreement

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Landlord’s Representations and Warranties. 12.1 Landlord hereby represents and warrants that (i) it Landlord is the record owner of the Premises, has full right and authority power to lease execute and perform this Lease and to grant the estate demised herein, and to the best of Landlord's knowledge as of the date hereof, Landlord is not in default of any mortgages encumbering the Premises upon the terms nor has committed any act or omission that would place any such mortgage in default. 12.2 Landlord hereby represents and conditions herein set forth; (ii) it has good and marketable title warrants that, to the premises; actual knowledge of Xxxxx X. Xxxxx, Xxxx X. Xxxxxx, and/or Xxxxx X. Xxxx (iii) the Premises is not subject to the lien of any deed of trusttogether, mortgage or other similar encumbering instrument which is not subordinated to this Lease, unless Tenant has received a non-disturbance agreement from the holder of such lien; (iv) Landlord will put Tenant into complete and exclusive possession of the Premises free from all orders, restrictions, covenants, agreements, leases, easements, laws, codes, ordinances, regulations or decrees which would, in any way, prevent or inhibit the use of the Premises by Tenant as provided in Section 4 of this Lease, prevent or restrict the use of the access roads and passageways of the Premises by Tenant, its agents, employees or invitees; (v) the Premises will, at the time of delivery of possession by "Landlord, be properly zoned for the operation of a office building in the Premises by Tenant; (vi) the Premises contains adequate parking facilities as required by applicable codes or ordinances for the Premises as constructed and operated in accordance with the provisions of this Lease; (vii's Principals") as of the date of this Leasehereof, Landlord has not received any written notice from any governmental entity having jurisdiction over the Premises advising Landlord that the Premises are not in compliance with any applicable Federal, State or local laws, statutes, regulations or ordinances. 12.3 Landlord hereby represents and warrants that, to the actual knowledge of Landlord's Principals, as of the date hereof (i) Landlord has not disposed or placed Hazardous Materials on the Premises (except in compliance with all applicable federal, state and local statutes, codeslaws, ordinances and rules, including without limitation, those with respect to regulations pertaining thereto) (1ii) hazardous substances and environmental regulations there are no underground storage tanks on the Premises and (2iii) Landlord has delivered or made available to Tenant or its agents all environmental site assessments or other reports in Landlord's possession in respect of Hazardous Materials on the Americans with Disabilities Act of 1990Premises. The term "Hazardous Materials" as used herein shall have the meaning given such term under New Hampshire F.S.A. 147-B, as amended; (viii) the Premises, including all utilities and equipment necessary for operation of the Premises, has been constructed in a workmanlike manner and is in good condition at the commencement of the Lease term. This Section shall be in addition to any other warranties, express or implied, by Landlord or by third parties with respect to the premises or which otherwise may be created by law.

Appears in 1 contract

Samples: Lease Agreement (J Jill Group Inc)

Landlord’s Representations and Warranties. 8.1. Landlord represents and warrants to Tenant that: (a) Landlord is the owner of the Land and Building in fee simple, that (i) it has full right title is marketable and authority to lease the Premises upon the terms and conditions herein set forth; (ii) it has good and marketable title to the premises; (iii) the Premises is not subject to the lien of any deed of trust, mortgage defects or other similar encumbering instrument encumbrances which is not subordinated to this Lease, unless Tenant has received a non-disturbance agreement from the holder of such lien; (iv) Landlord will put Tenant into complete and exclusive possession of the Premises free from all orders, restrictions, covenants, agreements, leases, easements, laws, codes, ordinances, regulations or decrees which would, in any way, prevent or inhibit could adversely affect the use of the Demised Premises as contemplated by Tenant as provided in Section 4 of this Lease; that Landlord has full right, prevent or restrict power and authority to execute and deliver this Lease and to grant to Tenant the exclusive use and possession of the Demised Premises; (b) The use of the access roads and passageways of Demised Premises contemplated by the Premises by Tenant, its agents, employees or invitees; (v) the Premises will, at the time of delivery of possession by Landlord, Lease will be properly zoned for the operation of a office building in the Premises by Tenant; (vi) the Premises contains adequate parking facilities as required by applicable codes or ordinances for the Premises as constructed and operated in accordance with the provisions of this Lease; (vii) as of the date of this Lease, the Premises are in compliance with permitted use under all applicable federal, state and local statutes, codes, ordinances and rules, including without limitationregulations and ordinances now in effect and, those to the best of the Landlord's knowledge, there are no pending proceedings or plans to change such statutes, codes, rules, regulations and ordinances; (c) Neither the Land, the Building nor the Demised Premises, nor any portion thereof, is being condemned or taken by eminent domain and, to the best of the Landlord’s knowledge, no such proceedings are contemplated by any lawful authority; (d) To the best of Landlord’s knowledge and belief, there is available to the Building and the Demised Premises adequate public water, gravity fed storm and sanitary sewers, electricity and telephone service for Tenant’s intended use of the Demised Premises as described in this Lease; (e) Landlord will not discontinue any service required to be provided by Landlord pursuant to this Lease and, if any such discontinuance is contemplated, Landlord will provide Tenant with respect written notice at least thirty (30) days prior thereto together with a statement of the appropriate reduction in Basic Rent as compensation for such discontinuance; (f) Landlord will keep the Land, the Building and the Demised Premises in good order and repair and make all reasonable improvements to maintain the Land, the Building and the Demised Premises in the same condition as at the commencement of this Lease; (1g) hazardous substances Landlord will keep the Building and the Demised Premises protected against flood, storm, water leakage through roofs and windows and against other hazards of nature and will repair or protect same from such hazards within ninety (90) days after Landlord has notice of damage or the need for repair; (h) Landlord will repair and remediate any damage and environmental regulations hazard (including mildew and mold) to the Building and/or the Demised Premises resulting from water damage within ninety (290) days after Landlord has notice of damage or the need for repair; (i) Landlord will be responsible for any asbestos testing needed and asbestos abatement required as a result of Renovations or Improvements, as defined in Sections 11.1 and 11.2 hereinbelow, made by Landlord or Tenant; (j) Landlord will provide peaceful and quiet enjoyment of the Demised Premises to Tenant and will not allow such peaceful and quiet enjoyment to be disrupted or interfered with by any other tenant in the Building, by Landlord, by anyone claiming under Landlord or any other person, party or entity; (k) To the best of Landlord’s knowledge, the common areas of the Building and the Land comply with the Americans with Disabilities Act of 19901990 and the rules and regulations promulgated thereunder (the “ADA”) together with any amendments thereto; (l) Landlord represents and warrants that the rentable square footage for which Tenant is making payment has been measured and computed in accordance with BOMA standards; and (m) Within thirty (30) days of Tenant’s occupancy, as amended; (viii) the Premises, including all utilities and equipment necessary for operation Landlord shall provide a floor plan to scale of the Premises, has been constructed in a workmanlike manner and is in good condition Demised Premises as occupied by the Tenant at the commencement Commencement Date. 8.2. Landlord acknowledges that Tenant is relying upon each of the Lease termrepresentations and warranties set forth in subparagraph 8.1 and that the matters represented and warranted by Landlord are substantial and material to Tenant. This Section In the event such representations and warranties shall be breached by Landlord, Tenant, at its sole election, may terminate this Lease in addition to any other warranties, express or implied, by Landlord or by third parties accordance with respect to the premises or which otherwise may be created by lawsubparagraph 14.1(e).

Appears in 1 contract

Samples: Governmental Real Estate Lease

Landlord’s Representations and Warranties. 8.1. Landlord represents and warrants to Tenant that: (a) Landlord is the owner of the Land and Building in fee simple, that (i) it has full right title is marketable and authority to lease the Premises upon the terms and conditions herein set forth; (ii) it has good and marketable title to the premises; (iii) the Premises is not subject to the lien of any deed of trust, mortgage defects or other similar encumbering instrument encumbrances which is not subordinated to this Lease, unless Tenant has received a non-disturbance agreement from the holder of such lien; (iv) Landlord will put Tenant into complete and exclusive possession of the Premises free from all orders, restrictions, covenants, agreements, leases, easements, laws, codes, ordinances, regulations or decrees which would, in any way, prevent or inhibit could adversely affect the use of the Demised Premises as contemplated by Tenant as provided in Section 4 of this Lease; that Landlord has full right, prevent or restrict power and authority to execute and deliver this Lease and to grant to Tenant the exclusive use and possession of the Demised Premises; (b) The use of the access roads and passageways of Demised Premises contemplated by the Premises by Tenant, its agents, employees or invitees; (v) the Premises will, at the time of delivery of possession by Landlord, Lease will be properly zoned for the operation of a office building in the Premises by Tenant; (vi) the Premises contains adequate parking facilities as required by applicable codes or ordinances for the Premises as constructed and operated in accordance with the provisions of this Lease; (vii) as of the date of this Lease, the Premises are in compliance with permitted use under all applicable federal, state and local statutes, codes, ordinances and rules, including without limitationregulations and ordinances now in effect and, those to the best of the Landlord's knowledge, there are no pending proceedings or plans to change such statutes, codes, rules, regulations and ordinances; (c) Neither the Land, the Building nor the Demised Premises, nor any portion thereof, is being condemned or taken by eminent domain and, to the best of the Landlord’s knowledge, no such proceedings are contemplated by any lawful authority; (d) To the best of Landlord’s knowledge and belief, there is available to the Building and the Demised Premises adequate public water, gravity fed storm and sanitary sewers, electricity and telephone service for Tenant’s intended use of the Demised Premises as described in this Lease; (e) Landlord will not discontinue any service required to be provided by Landlord pursuant to this Lease and, if any such discontinuance is contemplated, Landlord will provide Tenant with respect written notice at least thirty (30) days prior thereto together with a statement of the appropriate reduction in Basic Rent as compensation for such discontinuance; (f) Landlord will keep the Land, the Building and the Demised Premises in good order and repair and make all reasonable improvements to maintain the Land, the Building and the Demised Premises in the same condition as at the commencement of this Lease; (1g) hazardous substances Landlord will keep the Building and the Demised Premises protected against flood, storm, water leakage through roofs and windows and against other hazards of nature and will repair or protect same from such hazards within ninety (90) days after Landlord has notice of damage or the need for repair; (h) Landlord will repair and remediate any damage and environmental regulations hazard (including mildew and mold) to the Building and/or the Demised Premises resulting from water damage within ninety (290) days after Landlord has notice of damage or the need for repair; (i) Landlord will be responsible for any asbestos testing needed and asbestos abatement required as a result of Renovations or Improvements, as defined in Sections 11.1 and 11.2 hereinbelow, made by Landlord or Tenant; (j) Landlord will provide peaceful and quiet enjoyment of the Demised Premises to Tenant and will not allow such peaceful and quiet enjoyment to be disrupted or interfered with by any other tenant in the Building, by Landlord, by anyone claiming under Landlord or any other person, party or entity; (k) To the best of Landlord’s knowledge, the common areas of the Building and the Land comply with the Americans with Disabilities Act of 1990, as amended1990 and the rules and regulations promulgated thereunder (the “ADA”) together with any amendments thereto; (l) Landlord represents and warrants that the rentable square footage for which Tenant is making payment has been measured and computed in accordance with BOMA standards; and (viiim) the Premises, including all utilities and equipment necessary for operation Landlord shall provide a floor plan to scale of the Premises, has been constructed in a workmanlike manner and is in good condition Demised Premises as occupied by the agency at the commencement of the Lease termlease within thirty (30) days of tenants occupancy. 8.2. This Section Landlord acknowledges that Tenant is relying upon each of the representations and warranties set forth in subparagraph 8.1 and that the matters represented and warranted by Landlord are substantial and material to Tenant. In the event such representations and warranties shall be breached by Landlord, Tenant, at its sole election, may terminate this Lease in addition to any other warranties, express or implied, by Landlord or by third parties accordance with respect to the premises or which otherwise may be created by lawsubparagraph 14.1(d).

Appears in 1 contract

Samples: Governmental Real Estate Lease

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