Landlord’s Representations, Warranties and Covenants. Landlord hereby represents, warrants and covenants to Tenant as of the Effective Date (a) that Landlord has not received any written notice of a pending or threatened suits affecting the Property; (b) the execution and performance of this Lease by Landlord does not violate any contract, agreement or instrument to which Landlord is a party; (c) the execution, delivery and performance by Landlord under this Lease have been duly authorized by all necessary limited liability company action by Landlord and do not violate any provision of any current law applicable to Landlord or the Property or any order, judgment or decree of any court or other agency presently binding on Landlord. Landlord represents and warrants that, as of the Effective Date; (i) Landlord has received no written notice that there are any Hazardous Substances (defined below) affecting the Leased Premises, or any outstanding written notice requiring a cleanup at the Property and affecting the Leased Premises; and (ii) Landlord has not received any written notice of any violations by any Governmental Authorities with respect to the Leased Premises alleging a violation of applicable Legal Requirements. Landlord shall indemnify, defend and hold harmless Tenant from and against any and all Losses to the extent resulting from any cleanup obligation imposed on Tenant, except to the extent resulting from any Hazardous Substances brought to the Property by, stored, handled, used, transported, treated, disposed of, or discharged by Tenant or any of Tenant’s employees, agents, representatives, contractors, subcontractors, suppliers, guests, licensees and/or invitees (“Tenant Entities”); however, the foregoing is not a grant of permission for Tenant or any Tenant Entities to bring any Hazardous Substances onto or to store, handle, use, transport, treat, dispose of or discharge any Hazardous Substances in, on, at or under the Property, and such event automatically shall be deemed an Event of Default. The provisions of this Section 23 shall survive the expiration or earlier termination of this Lease. The term “Hazardous Substance” as used in this Lease shall mean any hazardous or toxic material, substance, or waste, pollutant or contaminant, or infectious or radioactive material, which is regulated now or in the future under any Legal Requirement, including but not limited to any material, substance, or waste, which is: (i) defined as a solid waste, hazardous substance, toxic substance or hazardous waste ...
Landlord’s Representations, Warranties and Covenants. To induce Tenant to enter into this Restated Lease and to lease the Premises, and to pay the Rent hereunder, Landlord hereby makes the following representations, warranties and covenants with respect to the Premises as of the date hereof, upon each of which, together with the representation contained in Section 9.3, Landlord acknowledges and agrees that Tenant is entitled to rely and has relied:
Landlord’s Representations, Warranties and Covenants. To induce Tenant to enter into this Lease, Landlord represents, warrants and covenants to Tenant as follows:
Landlord’s Representations, Warranties and Covenants. 21.1. Landlord represents, warrants and, as applicable, covenants to Tenant as follows:
(a) There are no management, employment or service agreements with respect to or affecting the Demised Premises that will burden Tenant.
(b) Except as otherwise may be set forth herein, to the best of Landlord’s knowledge, information and belief without independent inquiry, Landlord hereby represents the Demised Premises complies with all laws, ordinances, resolutions, regulations and orders of all governmental entitles having jurisdiction over the Demised Premises (collectively, “Applicable Laws”), and Landlord has not received notice of any alleged violation thereof
Landlord’s Representations, Warranties and Covenants. As an inducement for Hanover to enter in the Sublease, Landlord hereby makes the following representations, warranties and covenants to Tenant and Hanover:
(a) The Lease, which is attached to the Sublease, together with this amendment, is the complete lease between Landlord and Tenant with respect to the premises described therein. The Xxxxxx River Xxxx 000 Xxxxx Xxxx-Xxxxxxxxx-XX 07020-______ 201.943.4400 201.943.7400 xxx.xxxxx.xxx ticker symbol: XXX 000 Xxxxx Xxxx L.L.C. September 27, 2001
(b) There are no defaults by Tenant under the Lease.
(c) Landlord hereby acknowledges receipt of a copy of the Sublease and does hereby consent to such Sublease.
(d) Landlord will perform its obligations under the Lease with respect to the leased premised provided for in the Sublease directly to Hanover.
(e) In the event that Tenant defaults under the Lease and Landlord exercises its remedy to terminate the Lease, Landlord agrees to recognize and treat the Sublease as a direct lease between it and Hanover.
Landlord’s Representations, Warranties and Covenants. In addition to all other representations, warranties or covenants set forth in this Lease, express or implied, Landlord hereby represents, warrants and covenants to Tenant as follows:
Landlord’s Representations, Warranties and Covenants. Landlord represents and warrants to Tenant that the Property has not been used for the disposal of refuse or waste, or for the generation, processing, manufacture, storage, handling, treatment, release, discharge or disposal of any Hazardous Materials and that the Property is in compliance with all Environmental Law. Landlord shall comply with, and shall pay all costs incurred in complying with, any Environmental Law then in effect with respect to, and the environmental state, condition and quality of, the Property, excluding, however, any costs related to Hazardous Materials on the Property established to have been caused directly by Tenant’s activities on or in the Property.
Landlord’s Representations, Warranties and Covenants. Except as disclosed in the Report, Landlord hereby represents, warrants and covenants that:
(a) To the best of its knowledge, the Property and the Land are and have been, and Landlord agrees to use its best efforts to cause them to remain, in compliance with all applicable Environmental Laws.
(b) To the best of its knowledge, there has been no Release and there is no threat of Release of any Hazardous Materials on, onto or from the Property or the Land that has resulted in or that could result in a violation of any Environmental Law or in the creation of liability or obligations, including, without limitation, notification, deed recordation or remediation, under any Environmental Law. To the best of its knowledge, the Land has not contained and contains no underground or aboveground storage tanks, no “PCBs” or “PCB items,” as those terms are defined in 40 C.F.R. §761.3, and no asbestos.
(c) Xxxxxxxx agrees to indemnify and hold Tenant, its directors, officers, stockholders, employees, agents, attorneys, consultants, contractors and its successors and assigns, harmless from and against all claims, losses, damages, liabilities, fines, penalties, charges, judgments, administrative orders, remediation requirements, enforcement actions of any kind, and all costs and expenses incurred in connection therewith (including, but not limited to, reasonable attorneys’ fees and expenses), arising out of any material misrepresentation of Landlord contained in this Section 13.2 or any breach by Landlord of its obligations under this Section 13.2.
(d) If it is discovered that the Premises contain Hazardous Materials, the presence of which predates this Lease, Landlord, at its sole expense, shall take all action required, including environmental cleanup of the Premises, to comply with the covenants herein or applicable legal requirements and, in any event, shall take all action deemed necessary under all applicable Environmental Laws. If Tenant shall discover the existence of any Hazardous Materials on the Premises during the course of its construction of the Improvements, Landlord shall be obligated to remove and dispose of such Hazardous Materials at its sole cost and expense, in accordance with applicable Environmental Laws (including the execution of all waste manifests or other documents required by the applicable Governmental Authorities in connection therewith), and otherwise in a manner that will not interfere with or impair Tenant’s proposed use of the Premises or ...
Landlord’s Representations, Warranties and Covenants. Landlord represents and warrants to Tenant that (i) Landlord holds fee simple title to the Leased Premises, Building and Land, free and clear of any encumbrance that may interfere with the use of the same by the Tenant for the uses contemplated under this Lease; and (ii) Landlord has full authority and capacity to enter into this Lease and all necessary corporate and partnership actions and consents necessary for Landlord to enter into this Lease have been taken or obtained. Landlord covenants to Tenant that upon completion of the Landlord's Work, the Leased Premises, Building and Land will be in material compliance with all applicable zoning and land use laws.
Landlord’s Representations, Warranties and Covenants. Landlord represents and warrants that:
(a) Landlord has full right and lawful authority to enter into and perform the Landlord's obligations under this Lease for the full term hereof and has good and indefeasible title to the Premises in fee simple, free and clear of all contracts, leases, tenancies, agreements, easements, restrictions upon use or occupancy or other restrictions, violations, mortgages and other liens, encumbrances or exceptions to title of any nature whatsoever affecting the Premises, except for the matters specifically set forth on Exhibit "D" hereto; and
(b) to Landlord's current actual knowledge, as of the date hereof all HVAC and other mechanical systems for the Premises are in good working order. In addition, Landlord shall warrant for a period of twelve (12) months from the Commencement Date the condition of the now existing chiller serving the Premises, and during such period agrees to repair or replace the same at Landlord's sole cost and expense. [The Signature Page Follows]
