Landlord’s Warranties. As a material inducement to Tenant to enter into this lease, Landlord warrants, represents, covenants and agrees as follows:
(a) Landlord is the owner of a fee simple estate in the Real Property and has the right, power and authority to enter into this lease and to perform the same without consent of any other party, except for consents already obtained, and by this instrument conveys a good leasehold interest in the Leased Premises to Tenant in accordance with the terms, conditions and provisions hereof and the execution of this lease has been duly and validly authorized on behalf of Landlord; and (b) as of the Commencement Date, the Fifth Floor Premises shall comply with all applicable federal, state and local laws, codes and regulations in effect at that time, including but not limited to the Americans With Disabilities Act, all covenants, conditions, and restrictions of record in effect at that time, including, but not limited to the Condominium Declaration, if any and as of the Fourth Floor Substantial Completion Date, the Fourth Floor Premises shall comply with all applicable federal, state and local laws, codes and regulations in effect at that time, including but not limited to the Americans With Disabilities Act, all covenants, conditions, and restrictions of record in effect at that time, including, but not limited to the Condominium Declaration, if any. The representations, warranties and covenants in this lease are material considerations and inducements to Tenant in executing this lease, the breach of which will cause irreparable and severe harm to Tenant. Without limiting any other right or remedy of Tenant, in the event of a breach of the representations, warranties, and covenants, which materially and adversely affects Tenant’s ability to occupy and use the Leased Premises for its Approved Use or materially and adversely limits the rights or expands the obligations of Tenant under this lease, Tenant has the right after providing Landlord with 30 days’ prior written notice to terminate this lease at any time during the period of such breach. TWO25 COMMONS LLC By /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx President IBOD COMPANY, INC. By /s/ Xxxxxxxxx X. Xxxx Its CEO STATE OF OHIO FRANKLIN COUNTY This document was acknowledged before me on May 18, 2018, by Xxxxxx X. Xxxxx, the President of TWO25 Commons LLC, an Ohio limited liability company, on behalf of the Company. STATE OF OHIO FRANKLIN COUNTY This document was acknowledged before me on May 9th, ...
Landlord’s Warranties. Landlord represents, covenants and warrants (i) that it has lawful title to the Premises and has full right, power and authority to enter into this Lease; (ii) that in the construction of the Building, the Parking Lot and all other improvements on the Premises, it shall comply with all applicable laws, ordinances, regulations and requirements of governmental authorities having jurisdiction thereof; and (iii) the Premises will be developed, managed and maintained in a neat, attractive and reputable manner.
Landlord’s Warranties. 7.1 The Landlord warrants that the Landlord has good title to grant this lease;
7.2 The Landlord does not warrant that:
(a) the Property or the roof of the Building below the Property is suitable for the Equipment or the Permitted Use;
(b) any planning permission required for the installation or operation of the Equipment has been or will be obtained by the Landlord;
(c) any other consent required for the installation or operation of the Equipment has been or will be obtained by the Landlord.
Landlord’s Warranties. Landlord warrants the Premises to Tenant, as follows below (collectively, the “Warranties”):
(a) Landlord covenants and agrees to cause the general contractor engaged to construct the Improvements (the “General Contractor”) to warrant that all materials and equipment furnished in connection with the construction of the Improvements shall be of good quality and new unless otherwise specified, that the Improvements shall be of good quality, free from faults and defects, in good operating condition, and that all materials and the Improvements shall be in conformance with the Plans and Specifications and the terms of this Lease, which warranty shall remain in effect for one (1) year after Substantial Completion (as defined in the Development Agreement) of the Improvements.
(b) In addition to the general warranty set forth above, Landlord covenants and agrees to cause the General Contractor to deliver manufacturer’s warranties with respect to the Improvements, as set forth in Exhibit “D” attached hereto and incorporated herein by reference.
(c) The warranties set forth in this Section 7.4 shall exclude damages or defects caused by Tenant, its employees, invitees, licensees, contractors, subcontractors, and agents, by improper or insufficient maintenance, by improper operation, by casualty, or by normal wear and tear. (d) Further, and not in limitation of the foregoing, to the extent that any portion or component of the Improvements or any building systems require repair or replacement during the Term, and are covered by a warranty (for example, and not in limitation, the roof warranty), then regardless of any other provision of this Lease and regardless of the provisions of Section 7.1, upon written request from Tenant to Landlord, Landlord shall exercise its rights under the warranty in question. 10 ARTICLE VIII INSURANCE 8.1
Landlord’s Warranties. Landlord hereby represents and warrants to Assignee that:
(a) The term of the Lease began June 1, 1994 and will expire May 31, 1999.
(b) The current minimum rent in the amount of $5,156.02 per month and all other sums due thereunder, have been paid in accordance with the terms of the Lease through the date hereof, and Landlord holds no security deposit with respect to the Lease.
(c) To the best of Landlord's knowledge, as of the date hereof, Landlord is entitled to no penalties, interest or offset under the Lease.
(d) As of the date hereof, the Lease is in full force and effect and, to the best of Landlord's knowledge, no default exists thereunder.
(e) Landlord has not assigned, hypothecated, pledged or otherwise transferred all or any portion of its interest under the Lease except to Equitable of Iowa or its affiliate under a first mortgage loan.
(f) The copy of the Lease attached hereto as Exhibit A is a true and correct copy of the Lease. The Lease has not been modified or amended except as indicated on Exhibit A. The Lease constitutes the only agreement relating to the lease of the Leasehold Estate from Landlord to Assignor.
Landlord’s Warranties. Landlord represents and warrants that it is the sole agent of the Nation with respect to the Premises, that it has the full right and authority to enter into this Lease and act as the Landlord hereunder, and that the execution of this Lease by the individuals executing it as Landlord’s agents have been duly authorized by all required actions of Landlord. Prior to execution of this Lease, Landlord shall furnish Tenant with appropriate documents satisfactory to Tenant documenting the authority of the agent of Tribe who will sign this Lease. Further, Landlord represents and warrants that any Letter of Credit which it may hereafter issue in accordance with Article 6 will be duly authorized by all required actions of the Tribe, and such Letter of Credit will be binding on the Tribe in all respects. Landlord further represents and warrants that, as of the Effective Date, no mortgage or deed of trust encumbers the Premises.
Landlord’s Warranties. Notwithstanding anything to the contrary in this Lease, Landlord warrants to the best of its knowledge, that on the commencement of the Primary Lease term hereof:
(A) the Premises shall substantially comply with all laws, codes, ordinances and other governmental requirements then applicable to the Premises and the building and/or complex in which the premises are located, and
(B) the Premises, including the improvements and equipment therein, shall be in good working order, condition, and repair, and
(C) the Premises, the Building and/or complex in which the Premises are located, and the land and groundwater thereunder is in substantial compliance with Environmental Laws.
(D) Landlord is the owner of the Building, and
(E) Tenant's permitted use complies with the Covenants if any, and
(F) Landlord knows of no material defects in the Premises or Building which would unreasonably interfere with Tenant's use and enjoyment of the Premises.
Landlord’s Warranties. Landlord warrants to its actual knowledge that as of the date hereof all the Building Systems are functional and in good working order.
1. Any sidewalks, lobbies, passages and stairways shall not be obstructed or used by Tenant for any purpose other than ingress and egress from and to the Premises. Landlord shall in all cases retain the right to control or prevent access by all persons whose presence, in the judgment of Landlord, shall be prejudicial to the safety, peace or character of the Property.
2. The toilet rooms, toilets, urinals, sinks, faucets, plumbing or other service apparatus of any kind shall not be used for any purposes other than those for which they were installed, and no sweepings, rubbish, rags, ashes, chemicals or other refuse or injurious substances shall be placed therein or used in connection therewith or left in any lobbies, passages, elevators or stairways.
3. Tenant shall not impair in any way the fire safety system and shall comply with all safety, fire protection and evacuation procedures and regulations established by Landlord or any governmental agency. No person shall go on the roof without Landlord’s prior written permission.
Landlord’s Warranties. Landlord represents and warrants to Tenant that Landlord’s Work (if any, and as defined in Exhibit “A”) will be performed in a good and workmanlike manner. Landlord further represents and warrants to Tenant that upon substantial completion of the Premises, Landlord’s Work (if any, and as defined in Exhibit “A”) will be in compliance with all governmental rules, orders, regulations and requirement then in effect. Landlord’s liability under the foregoing warranties shall be limited to the repair and/or replacement, as the case may be, of defective materials and workmanship and/or affecting compliance with such rules and requirements, and, in no event, shall Landlord be liable for special or consequential damages.
Landlord’s Warranties. Landlord warrants and represents and covenants and areas as follows:
(a) Fee simple title to the Premises is vested in the Landlord.
(b) Landlord has the power and authority to enter into this Lease and perform the