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

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 under any Environmental Laws; (ii) a petroleum hydrocarbon, including crude oil or any fraction thereof and all petroleum products, and wastes; (iii) polychlorinated biphenyls; (iv) trichloroethylene, tetrachloroethylene, perchloroethylene and other chlorinated solvents; (v) lead; or (vi) defined or regulated as a hazardous substance or hazardous waste under any rules or regulations promulgated under any Environmental Law. “Environmental Laws” means any federal, state or local laws, ordinances, statutes, codes, rules, regulations, orders, directives or decrees now or hereinafter in effect relating to Hazardous Substances.

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 PropertyProperty ; (b) the execution and performance of this Lease by Landlord does not violate any contract, ,agreement or instrument to which Landlord is a partyparty ; (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 LandlordLandlord . Landlord represents and warrants that, as of the Effective DateDate ; (i) Landlord has received no written notice that there thatthere 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 PremisesPremises ; 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 RequirementsRequirements . 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 '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 DefaultDefault . The provisions of this Section 23 shall survive the expiration or earlier termination of this LeaseLease . 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 isis : (i) defined as a solid waste, hazardous substance, toxic substance or hazardous waste under any Environmental Laws; (ii) a petroleum hydrocarbon, including crude oil or any fraction thereof and all petroleum products, and wastes; (iii) polychlorinated biphenyls; (iv) trichloroethylene, tetrachloroethylene, perchloroethylene and other chlorinated solvents; (v) lead; or (vi) defined or regulated as a hazardous substance or hazardous waste under any rules or regulations promulgated under any Environmental Law. “Environmental Laws” means any federal, state or local laws, ordinances, statutes, codes, rules, regulations, orders, directives or decrees now or hereinafter in effect relating to Hazardous Substances.as

Landlord’s Representations, Warranties and Covenants. Landlord hereby represents, warrants and covenants represents to Tenant as of the Effective Date (a) and covenants and agrees with Tenant 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 it has received no written notice that there are any Hazardous Substances (defined below) affecting equitable title to the Leased PremisesDemised Premises and, on or before December 31, 1996, will acquire good and marketable fee simple title to the Demised Premises free and clear of liens, encumbrances, 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 other title exceptions except as shown 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 under any Environmental LawsExhibit F attached hereto; (ii) a petroleum hydrocarbon, including crude oil or the person signing on behalf of Landlord is authorized to do so by any fraction thereof and all petroleum products, necessary partnership and wastescorporate actions; (iii) polychlorinated biphenylsno litigation has been initiated or, to the knowledge of Landlord, threatened against Landlord or against the Demised Premises which, if adversely determined, would impair Landlord's ability to execute, deliver, and perform this Lease; (iv) trichloroethyleneneither Landlord, tetrachloroethyleneany affiliate of Landlord, perchloroethylene and other chlorinated solventsnor the Demised Premises is subject to or otherwise bound by any legal requirement or agreement (written or oral) which would be breached, or which would result in the creation or imposition of any title exception applicable to the Demised Premises, by Landlord's execution, delivery, or performance of this Lease; (v) leadthe attached site plan has been approved by all necessary governmental bodies so that, except for building permits, no further governmental approvals need be obtained before Tenant may construct its Building; or (vi) defined Landlord will not seek or regulated consent to any street or alley closing or other action that would eliminate or shut off light, air, or view to or from the Demised Premises or which would infringe upon the No Build Zone surrounding the Demised Premises as shown on Exhibit A (provided that Landlord shall not be required to initiate judicial action to prevent others from so doing), and (vii) although part of the No Build Zone is subject to the lease dated June 21, 1996 between Landlord and Kohl's Department Stores,Inc., (A) Landlord will use its best efforts to assure that the No Build Zone is improved for parking substantially as shown on Exhibit A, and (B) Tenant and its patrons and employees will have the right, in common with patrons and employees of Kohl's, to park in the No Build Zone. Notwithstanding anything to the contrary contained in this Lease, no alterations, renovations, or additions made by Landlord to the Shopping Center shall materially interfere in any way, whether on a hazardous substance temporary or hazardous waste under permanent basis, with access to the Demised Premises or the view of the Demised Premises from Route 38, or from the access roads of the Shopping Center shown on Exhibit A, nor shall any rules such alterations, renovations, or regulations promulgated under additions materially reduce the number of parking spaces shown in the No Build Zone. Tenant recognizes that Landlord intends to dedicate for highway purposes part or all of the 2.47 acres identified on the Site Plan as "To Be Dedicated." Landlord covenants that it will seek to retain the right to maintain such area and that, if it does retain such right, it will maintain and landscape the area in such a way that the view of the Building is obstructed as little as is practicable. Landlord further covenants that it will promptly seek the consent (pursuant to the OEA) of Xxxxxx Xxxxxx Corporation to the plans of Tenant. If Xxxxxx Xxxxxx fails to give such consent on or before the thirtieth day after the date hereof, Tenant may, upon five days notice to Landlord, terminate this Lease. If neither Landlord nor any Environmental Law. “Environmental Laws” means any federalaffiliate of or successor in interest to Landlord acquires title to the Demised Premises on or before December 31, state 1996, this Lease shall automatically terminate and be of no further force or local laws, ordinances, statutes, codes, rules, regulations, orders, directives or decrees now or hereinafter in effect relating to Hazardous Substanceseffect.

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 under any Environmental Laws; (ii) a petroleum hydrocarbon, including crude oil or any fraction thereof and all petroleum products, and wastes; (iii) polychlorinated biphenyls; (iv) trichloroethylene, ,tetrachloroethylene, perchloroethylene and other chlorinated solvents; (v) lead; or (vi) defined or regulated as a hazardous substance or hazardous waste under any rules or regulations promulgated under any Environmental Law. “Environmental Laws” means any federal, state or local laws, ordinances, statutes, codes, rules, regulations, orders, directives or decrees now or hereinafter in effect relating to Hazardous Substances.