Lease Contracts. The provisions on statutory warranty for lease contracts (sec. 536 et seq German Civil Code (BGB)) shall not apply.
Lease Contracts. (a) The Lease Contracts Schedule attached as SCHEDULE 1.1(kk), sets forth : (i) all the Lease Contracts in force as at December 31st, 2004; and (ii) a list of all deposits and guarantees furnished by the tenants of the Portfolio Centers. Vendors warrant that all information in Schedule 1.1(kk), is true and correct.
(b) With respect to each Lease Contract itemized in the Lease Contracts Schedule: (i) the Lease Contract is duly executed, legal, valid, binding, enforceable in accordance with its terms, and in full force and effect in all respects; (ii) comply in all material respects with the leasing criteria specified in the Lease Contracts Schedule; and (iii) neither Vendors and/or the Transaction Companies, nor, to the Knowledge of Vendors, any other party is in breach or default, and no event has occurred, which with notice or lapse of time would constitute a breach or default, or permit termination, modification, or acceleration, under the Lease Contracts, nor have any notices been received from any party which purports to repudiated any provision of the Lease Contract.
(c) Without limiting the generality of the foregoing, with respect to each of the Lease Contracts itemized in the Lease Schedule, the square meter area stated in such Lease Contract is accurate and in conformity with the actual square meter area of the leased premises.
(d) No agreements regardless of their title or subject matter have been entered into by the Transaction Companies or PCMM the effect and/or intention of which is to reduce amounts (including but not limited to rent payments) payable by any tenant of the Portfolio Centers.
(e) Vendors warrant that none of the Lease Contract provisions under which electricity costs are charged to tenants of the Portfolio Centers or the method of calculation of such electricity costs breach any provisions of Hungarian law
(f) Vendors warrant that, pursuant to the terms of the Lease Contracts, all utility costs in respect of the Portfolio Centers are covered by payments made by the tenants either directly to utility companies or to PCMM and/or the relevant Portfolio Company.
Lease Contracts. (a) The Lease Schedule attached as SCHEDULE 4.23(A) and which has formed the basis of the calculation of the Triple Net Rents, sets forth all the Lease Contracts in force as at March 31st, 2004, and for each Lease Contract, the amount and the date of the cash deposit paid or bank guarantee furnished by the tenant to the landlord.
(b) With respect to each Lease Contract itemized in the Lease Schedule: (i) the Lease Contract is duly executed, legal, valid, binding, enforceable in accordance with its terms, and in full force and effect in all respects; (ii) neither Vendors and/or the Contract Companies, nor, to the Knowledge of Vendors, any other party is in breach or default, and no event has occurred, which with notice or lapse of time would constitute a breach or default, or permit termination, modification, or acceleration, under the Lease Contracts, nor have any notices been received from any party which purports to repudiated any provision of the Lease Contract.
(c) Without limiting the generality of the foregoing, with respect to each of the Lease Contracts itemized in the Lease Schedule, and save as provided in Section 3.6(c) above, the square meter area stated in such Lease ContrACt is accurate and in conformity with the actual square meter area of the leased premises ,except for minor inaccuracy of less than 2% of the relevant leased areas, which is not susceptible to give rise proceeding or action (including for refund or reduction of rent) against any of the Contract Companies.
(d) All the Lease Contracts itemized in the Lease Schedule have been entered into with good standing tenants, are and will be at Closing: (I) in force and of a duration of more than 1 (one) year from date of execution (it being specified that approximately 60% of the rentals of the Portfolio Centers derive from Lease Contracts which are in force for a period of more than 4 (four) years from date of execution, including exercised options or options exercised under new contracts); (II) globally conform to the breakdown set forth in the Schedule of Leases (SCHEDULE 4.23(D)) in terms of currency of payment, currency of accounts, exchange rate reference date and indexation; and (III) for most of the Portfolio Centers, such Lease Contracts conform in all material respects with the standard form of lease contract set forth in Exhibit A to the Schedule of Leases (it being specified that renewals of existing leases and new leases are executed under an improved version of this contra...
Lease Contracts. 1. KING'S COVE OFFICE PARK, SUITE 101 - dated 5/13/93, term 36 mos ends 5/31/96, current rent is $1,735.00/mo for 1,850 sq feet. Assignable with landlords consent only.
Lease Contracts. 1. PLAZAS OFFICE PARK, BLDG D, SUITE 301, 302, 305 - dated 4/9/91, original term was 18 mos, NOW MONTH TO MONTH, 30 day notice to quit, current rent is $2,768.70/mo for 2,961 sq feet. Assignable with landlords consent only. (XXXXXX X. XXXXXXX, M.D.)
2. PLAZAS OFFICE PARK, BLDG D, SUITE 207, 208 - dated 3/11/94, term is 36 mos through 3/11/97, current rent is $3,002.95/mo for 2,071 sq feet (increases to $3,210.05 on 4/1/96). Assignable with landlords consent only, Xx. Xxxxxxx personal guarantor. (HARMONY HEALTHCARE SYSTEMS, INC.)
3. PLAZAS OFFICE PARK, BLDG D, SUITE 307, 308 - dated 8/10/89, term was 36 mos, NOW MONTH TO MONTH, current rent is $2,116.95/mo for 1,283 sq feet. Assignable with landlords consent only. (XXXXXX X. XXXXXXX, M.D.)
4. PLAZAS OFFICE PARK, BLDG D, SUITE 206 - dated 6/12/90, term was 60 mos, ENDED 6/12/95 no indication converted to month to month, rent was $4,128.56 for 2,520 sq feet. Assignable with landlords consent only. (CHILD GUIDANCE AND FAMILY TREATMENT CENTER, A NEVADA CORPORATION)
5. PITNEY XXXXX, Postage Meter/Scale/Stand - dated 6/11/92, orig term was 48 mos, ENDED 6/11/94, no indication converted to month to month, payment of $116.00/quarter. (HARMONY HEALTHCARE SYSTEMS) *6. ALCO CAPITAL RESOURCE, INC., 2 Sharp Copiers, dated 3/15/94, term is 36 months - through 3/15/97, $633.00/mo, not assignable. (HARMONY HEALTH CARE SYSTEMS) **INDICATES NON-ASSIGNABLE. DO WE WANT TO TRY TO GET INTO THIS CONTRACT OR NEGOTIATE OUR OWN?
Lease Contracts. 3.01 Simon shall lease to the Lessee and the Lessee shall take on lease the Goods for the Lease Period. Provided however that the obligation of Simon to lease the Goods to the Lessee under this Master Agreement or any Lease Contract is subject to the conditions that, (a) on Delivery Simon shall have received the documents and evidence specified in Schedule 1 in form and substance satisfactory to Simon and (b) on the date Delivery is to take place the representations and warranties set out in Clause 2.01 (a)-(f) (inclusive) of the Charter are and remain true and correct in all respects and (c) no Relevant Event would arise by reason of Delivery taking place.
3.02 The lease of the Goods under each Lease Contract shall start on the date on which the Lease Contract is entered into by the Lessee; the Primary Period shall commence on the Prime Date and irrespective of all other provisions hereof all the obligations of the Lessee hereunder as regards any Goods shall commence on Delivery.
3.03 Subject to the Lessee indemnifying Simon for all losses, costs and expenses incurred by Simon as a result of such termination, the Lessee shall be entitled on giving to Simon not less than one hundred and fifty (150) days notice (which notice, when given, shall be irrevocable) to terminate the Lease Period of the Goods on any date falling on or after the first anniversary of the Start Date. Upon such termination (which shall be called "Voluntary Termination" herein) the Lessee shall re-deliver the Goods to Simon in accordance with Clause 13 and shall pay to Simon an amount equal to the Termination Sum on the date of such termination, calculated in accordance with Clause 14.03 together with all amounts of Rentals and other moneys then due and owing to Simon under this Agreement. (In the event that the Lessee serves a notice of voluntary termination under Clause 3.3 of the Charter it shall be deemed that a notice of Voluntary Termination shall have been served to terminate the Lease Period of the Goods on the same date as the Charter Period of the Ship is due to terminate under such notice of voluntary termination).
3.04 The terms of this Master Agreement shall be deemed to be incorporated into the terms of each Lease Contract provided that in the event of any conflict between the terms hereof and the terms specified in a Lease Contract the latter shall prevail. Each Lease Contract shall be deemed to form a separate agreement for the lease of the Goods therein described but so...
Lease Contracts. A copy of the contract will be provided to the Lessee, who must sign the original before the event will be scheduled. The signed contract and reservation deposit made payable to Pittsburg County should be mailed or delivered to: Board of County Commissioners, Dirt Events are welcome at the Pittsburg County Expo Center. Dirt installation and removal will be provided by Pittsburg County at an additional cost.
Lease Contracts. A copy of the contract will be provided to the Lessee, who must sign the original before the event will be scheduled. The signed contract and reservation deposit made payable to Pittsburg County should be mailed or delivered to: Board of County Commissioners, Pittsburg County, 000 X. Xxxx Xxxxxx Xxxx. Room 100, McAlester, OK 74501. This agreement shall not be let, sublet, assigned, conveyed, mortgaged, pledged, encumbered or otherwise transferred (whether voluntarily or involuntarily) by Xxxxxx without Xxxxxx’s written consent. If Xxxxxx is allowed to sublease, assign, convey or otherwise transfer is agreement, with the Lessor’s consent, the Lessee shall remain fully liable hereunder. Dirt Events are welcome at the Southeast Expo Center. Dirt installation and removal will be provided by Pittsburg County at an additional cost.
Lease Contracts. All Lease Contracts comprising a part of the Purchased Assets, are reflected on SCHEDULE 1.8 hereto: (i) except for the 2310 Airport Interchange Lease, neither Seller nor any Affiliate is the lessor or landlord in any such Lease Contract; (ii) each Lease Contract is in full force and effect; (iii) all rents due to date under each Lease Contract
Lease Contracts. All liabilities and obligations of Seller arising under the terms of the Lease Agreements (other than those relating to Oxygen Business) as well as the other contracts (included under Section 1.1(n)) included among the Acquired Assets, and the CPR Prompt License (collectively, the “Assumed Contracts”) (other than those incurred in connection with the Oxygen Business but only to the extent such liabilities and obligations arise or accrue after the Effective Date in the ordinary and normal course and consistent with the representations, warranties, covenants, obligations and agreements set forth in this Agreement; provided, however, that Buyer shall not assume or be responsible for any such liabilities or obligations which arise from breaches thereof or defaults thereunder by Seller, all of which liabilities and obligations shall constitute Retained Liabilities (as hereinafter defined).
