Landlord’s Warranties and Representations. Landlord hereby agrees with, and warrants and represents to Tenant as follows: (i) Landlord is the owner of the Land and Premises in fee simple with full right and authority to execute this Lease and to lease the Premises to Tenant in accordance with the terms hereof without the consent or joinder of any other party; (ii) to the best of Landlord’s knowledge, the Premises are free from environmental contamination of any sort and comply with any and all applicable laws, rules, regulations and recorded documents; (iii) Landlord has not received any notice of condemnation, zoning change or legal noncompliance relating to the Premises; (iv) RESERVED; (v) Landlord will not institute or consent to any rezoning of the Premises during the Term without the prior written consent of Tenant; (vi) Landlord shall not further encumber the title to the Premises during the Term; (vii) Landlord shall not cause or permit any property owned or controlled by Landlord in the vicinity of the Premises, or any uses or improvements thereon, to impair Tenant’s use of the Premises (for example, and without limiting the generality of the foregoing, Landlord shall not cause or permit any cell towers, water towers, billboards, silos or any other structures to be placed or constructed thereon that may obstruct the sunlight that otherwise would reach the Premises, or that may cast shade or shadows upon the Premises or any portion thereof); (viii) the Premises are free from any recorded or, to the best of Landlord’ knowledge, unrecorded use or occupancy restrictions, declarations of restrictive covenants, or other restrictions that would affect the Intended Use; (ix) Landlord has not and, to the best of Landlord’s knowledge, Landlord’s tenants or predecessors in title have not used, manufactured, stored or released hazardous substances on, in or under the Premise; (x) there are no service or maintenance contracts affecting the Premises; (xi) there are no delinquent or outstanding assessments, liens or other impositions levied or assessed against the Premises or the larger property of which the Premises are a part; (xii) except for this Lease, there are no leases, options to purchase, license agreements or other third party rights to use or possess the Premises, whether written or oral, recorded or unrecorded; (xiii) Landlord is not in the hands of a receiver nor is an application for such a receiver pending; (xiv) Landlord has made no assignment for the benefit of creditors, nor filed, or h...
Landlord’s Warranties and Representations. As a material inducement to the Lessee to enter into this Lease, the Lessor warrants and represents as follows:
a. Lessor is the owner of a fee simple estate in the Premises and has the right and power to enter into this Lease and to perform the same and by this instrument conveys a good leasehold interest in Lessee in accordance with the terms, conditions and provisions hereof.
b. This Lease does not violate the provisions of any instrument affecting the Premises, and the execution of this Lease has been duly and validly authorized on behalf of Lessor.
Landlord’s Warranties and Representations. LANDLORD hereby warrants and represents as follows:
(a) TITLE - LANDLORD has good and indefeasible fee simple title to the Leased Premises and shall be fully capable of delivering to TENANT in accordance with the terms and provisions of this Lease undisturbed possession and quiet enjoyment of the Leased Premises,
Landlord’s Warranties and Representations. Landlord represents and warrants that, as of the commencement of the lease term, to the best of Landlord's knowledge: (i) the Premises are free from all latent and patent defects, and all mechanical systems servicing the Premises (including, but not limited to, electrical, plumbing, and heating, ventilating and air-conditioning) are in good working order, condition and repair; and (ii) the Premises are in compliance with all applicable federal, state and local laws, rules and regulations and ordinances including, but not limited to, all building codes and Title III of the Americans with Disabilities Act of 1990.
Landlord’s Warranties and Representations. Landlord warrants and represents to Tenant that:
a) At the time of the commencement of construction by Landlord, Landlord will have full right and power to execute and perform this Lease and to grant the estate demised herein.
b) Upon payment of the Rent and performance of all the covenants and agreements hereof by Tenant, Tenant shall peaceably and quietly have, hold and enjoy the Premises by any party claiming by, through or under Landlord.
c) The Work will, when constructed, comply in all material respects with all applicable building, environmental and zoning laws, regulations and ordinances and all other applicable laws, rules, regulations and ordinances, including without limitation, the provisions of the ADA.
d) Landlord has not received any request for information, notices of claim, demand letters, or other notification relevant to the Premises with respect to any investigation or clean-up of hazardous substance releases.
e) As of the commencement of the Work and throughout the Term, Landlord shall not voluntarily create or enter into liens, encumbrances, mortgages, easements, or any other matters affecting title which would preclude or otherwise adversely affect Tenant’s intended use or other rights or benefits under this Lease (subject to the terms of Section 35). Notwithstanding the foregoing, Tenant acknowledges and agrees that Landlord’s representation and warranty provided above shall not apply to any change in applicable laws or regulations governing Tenant or Tenant’s use of the Premises that go into effect after the Effective Date to the extent such requirements are not the result of Landlord’s action or inaction.
Landlord’s Warranties and Representations. Landlord warrants and ----------------------------------------- represents to Tenant that: (a) Landlord is a duly formed and validly existing limited liability company in good standing under the laws of the State of Delaware and is qualified to do business and in good standing in the State of California; (b) the Lease has been duly authorized, executed and delivered by Landlord and is the legal, valid and binding obligation of the Landlord; (c) no consent is required for the execution and delivery of the Lease and the leasing of the Premises by Landlord to Tenant that has not been obtained; (d) there are no ground leases, mortgages or deeds of trust affecting the Project or any part thereof other than such mortgages and deeds of trust of which Landlord has informed Tenant prior to the Commencement Date; (e) to Landlord's current actual knowledge, without any independent investigation or inquiry, there are no Hazardous Materials located within the Premises or the Building as of the date of the Lease other than those which have been disclosed to Tenant in writing; and (f) to Landlord's current actual knowledge, without any independent investigation or inquiry, the building and its systems are designed or have been modified to operate prior to, during and after the year 2000 without error relating to or arising out of date data.
Landlord’s Warranties and Representations. Landlord hereby covenants, warrants and represents to Tenant as follows:
14.1. that Landlord is the sole owner of the Demised Premises in fee simple absolute, free and clear of all liens or security interests other than the parties holding security interests in the Demised Property and disclosed on Exhibit C attached hereto (if any) and has full right and authority to enter this Lease for the full term hereof, including any renewal term;
14.2. that Landlord will put Tenant in possession of the Demised Premises on the Possession Date (as defined below);
14.3. that Tenant, on paying the rental and performing the covenants herein agreed by it to be performed, shall and may peaceably and quietly have, hold, occupy and enjoy the Demised Premises for the term of this Lease, including all renewal terms; and
14.4. that there are no environmental liens against the Demised Premises.
Landlord’s Warranties and Representations. Landlord warrants and represents to Tenant that:
a) Landlord has full right and power to execute and perform this Lease and to grant the estate demised herein and that Tenant, on payment of Rent and performance of the covenants and agreements hereof, shall peaceably and quietly have, hold and enjoy the Land.
b) Landlord own fees simple title to the Land, free and clear of any liens, encumbrances, restrictions and violations (or claims or notices thereof), except as set forth on Exhibit "B" attached hereto and incorporated herein.
c) To the best of Landlord's knowledge, no notification of release of a hazardous substance pursuant to CERCLA (as defined in Section 19 hereof) or the Federal Clean Water Act, or any environmental law, regulation or ordinance has been filed as to the Land.
d) To the best of Landlord's knowledge, no hazardous, toxic or polluting substances (including petroleum products) have been released, discharged or disposed of on the Land.
e) To the best of Landlord's knowledge, no underground storage tanks, asbestos or PCB's are or have been located anywhere on the Land.
f) Landlord has not received any request for information, notices of claim, demand letters, or other notification relevant to the Land with respect to any investigation or clean up of hazardous substance releases. The foregoing representations and warranties of Landlord shall survive the expiration or earlier termination of this Lease.
Landlord’s Warranties and Representations a. Landlord undertakes that System Owner shall lawfully, peacefully and freely hold, occupy, use, operate, and enjoy the Site in order to fulfill its obligations and exercise its rights under the PPA during the Term without disturbance, nuisance, or interference by Landlord, successors, assigns, agents, or creditors.
b. Landlord undertakes that no third party shall have a right or claim to the Site during the Term of the Lease Agreement.
c. Landlord warrants and represents that it has the right to lease the site to System Owner during the Term and that there are no encumbrances, liens or security interests on the Site that would interfere with this Agreement.
d. Landlord warrants and represents that the Site will be free from any occupants as of the Effective Date.
Landlord’s Warranties and Representations. Each Landlord, respectively, covenants, represents, and warrants as follows:
(a) Landlords have good, marketable, and insurable fee simple title to the Property and have exclusive possession of the Property, free and clear of all leases and other tenancies.
(b) Subsequent to the signing of this Contract by both parties hereto, Landlords will not take any action or otherwise permit any change in the status of the title to the Property prior or subsequent to the Closing, without first obtaining the written consent of the Tenant.
(c) The individual(s) who have executed this Contract as Landlords or on behalf of the Landlords have the full right and authority to do so, having obtained all consents to enter into and perform this Contract and to sell the Property on the terms set forth in this Contract.
(d) Landlords have no knowledge of any threatened condemnation, eminent domain proceedings, action, suit, administrative proceeding, judgment, bankruptcy, lien execution, or proceeding pending or threatened against or affecting the Property or the Landlords, which if adversely determined or continued might have an adverse effect upon the Property or upon the Landlords’ ability to perform its obligations under this Contract.
(e) To the best of Landlords’ knowledge, but without independent investigation, no other person or entity, including without limitation, any previous owners of the Property, has treated, stored, recycled, disposed of or discharged any hazardous, toxic, or polluting substances on or into the Property. To the best of Landlords’ knowledge, all operations or activities upon the Property and the use and occupancy of all or any part of the Property have been in all material respects in compliance with all applicable laws, rules, and regulations relating to the generation, handling, manufacturing, treatment, storage, use, transportation, spillage, leakage, dumping, discharge, release, or disposal of any hazardous, toxic, or polluting substances. Landlords have not received any notification from any person, entity, or governmental authority regarding a violation, proceeding, or inquiry pertaining to the Property with regards to the environment or hazardous, toxic, or polluting substances and there are no underground storage tanks on the Property.
(f) From the Effective Date until Closing, Landlords will notify Tenant immediately of any fact, event, or occurrence having a material effect on the Property or which renders any representation or warranty m...
