Landlord’s Title. Landlord’s title is and always shall be paramount to the title of Tenant. Nothing herein contained shall empower Tenant to do any act which can, shall or may encumber the title of Landlord.
Landlord’s Title. The Premises are demised and let subject to the Permitted Encumbrances without representation or warranty by Landlord. The recital of the Permitted Encumbrances herein shall not be construed as a revival of any Permitted Encumbrance which has expired.
Landlord’s Title. Landlord further covenants, represents and warrants that as of the Commencement Date it shall be seized of an indefeasible estate in fee simple and have a good and marketable title to the land described in Exhibit A, free and clear of any liens, encumbrances, restrictions and --------- violations (or claims or notices hereof), except for the items listed on Exhibit ------- E (the "Permitted Encumbrances") or, in the event no title commitment has been - obtained and reviewed by Landlord and Tenant prior to Lease execution, the Permitted Encumbrances shall be those shown on Exhibit E and the additional matters which are subsequently agreed to by Landlord and Tenant prior to Closing of the purchase of the Land. Landlord shall, without expense to Tenant and prior to the commencement of Landlord's Improvements, furnish to Tenant (i) a copy of a current title policy issued to Landlord evidencing that Landlord's title is as herein represented, (ii) an ALTA survey certified by a licensed surveyor of the land described in Exhibit A evidencing, among other matters, that the Demised --------- Premises depicted on Exhibit B are within the bounds of the property described --------- in Exhibit A, and (iii) an agreement executed by the holder of any mortgage lien --------- or deed of trust encumbering the Demised Premises wherein such holder shall consent to this Lease and warrant that Tenant's possession and right of use under this Lease in and to the Demised Premises shall not be disturbed by such holder and such holder shall comply with all of its obligations under the Lease unless and until Tenant shall breach any of the provisions hereof and this Lease or Tenant's right to possession hereunder shall have been terminated in accordance with the provisions of this Lease. Provided Tenant is not in default beyond the period allowed for cure herein, Landlord grants to Tenant, as long as Metris Direct, Inc. or an affiliated company is Tenant, to act on behalf of Landlord under those certain Declarations listed as item 5 on Exhibit E attached hereto.
Landlord’s Title. Landlord’s title is and always shall be paramount to the title of Tenant. Nothing herein contained shall empower Tenant to do any act which can, shall or may encumber the title of Landlord. 60 Mountain View Research Park ViewRay, Inc. SF Legal
Landlord’s Title. Except for Permitted Encumbrances, Landlord represents and warrants to Tenant that it has fee simple absolute title to the Premises and the power and authority to execute and deliver this Lease and to carry out and perform all covenants to be performed by it.
Landlord’s Title. Landlord represents and warrants that City Investors VI L.L.C. is seized with fee simple title to the Land of the date hereof, and that City Investors VI L.L.C. is obligated to contribute the Land to Landlord upon commencement of construction. Landlord’s title shall always be paramount to the interest of the Tenant, and nothing in this Lease shall empower Tenant to do anything which might in any way impair Landlord’s title. Tenant may record in any public records, at any time following Landlord’s taking title to the Land, a memorandum of this Lease in a commercially reasonable form approved by Landlord. Landlord agrees to execute, acknowledge and deliver same to Tenant promptly upon request. If Landlord has not received fee title to the Land, free and clear of any deeds of trust or mortgages other than the deed of trust in favor of Landlord’s construction lender and free and clear of any prior lease (other than the SBRI Lease) on or before December 15, 2002, Tenant shall have the right to cancel this Lease upon ten (10) days written notice; provided that if Landlord takes title between the time Tenant’s notice is delivered and the end of the 10-day period, Tenant’s right to cancel shall end and the notice shall be void. If this Lease is terminated by Tenant’s notice, Landlord and Tenant shall have no further rights or obligations under this Lease, except that Tenant have the right to receive from Landlord a payment of Tenant’s reasonable out-of-pocket expenses incurred in connection with this Lease (including attorney fees, architect fees and the like).
Landlord’s Title. Landlord represents and warrants, upon which representations and warranties Tenant has relied in the execution of this Lease, that (i) Landlord is the owner of the Premises in fee simple absolute, free and clear of all liens and encumbrances except the Permitted Encumbrances; (ii) Landlord has full right and power to execute and perform this Lease and to grant the estate demised herein; and (iii) the Premises include all of the real estate which is owned by Landlord in or around the Facility or contiguous thereto. The Premises are leased in "AS IS," "WHERE IS" condition as of the date hereof, subject to all defects, structural or non-structural, latent or patent, know or unknown, including (i) the presence of materials and/or substances which do or may violate any future building codes, (ii) the existing state of title including all covenants, conditions, and all matters of record (including, without limitation, the matters set forth on Exhibit B hereto), and (iii) all Applicable Laws, and all matters, whether or not of a similar nature, which would be disclosed by an inspection of the Premises or by an accurate survey thereof. Without limiting the foregoing, Tenant agrees that, regardless of the physical or environmental condition of the Premises, Tenant shall have no claim, or right of action, against Landlord under this Lease or otherwise at law or in equity pertaining to, or arising from, the nature or condition of the Premises, except as expressly provided in this Lease.
Landlord’s Title. Landlord represents that it is well seized of and has good title to the Demised Premises and all improvements located on it on the date of this Lease, free and clear of all liens, encumbrances, easements, tenancies and restrictions except easements and restrictions and liens of record.
Landlord’s Title. Nothing herein contained shall empower Tenant to commit or engage in any act which can, shall or may encumber the estate of Landlord.”
(n) Section 26(p) of the Original Lease is hereby amended to read as follows:
Landlord’s Title. Landlord’s title is and always shall be paramount to the title of Tenant.
