Lessee Acknowledgment. LESSEE ACKNOWLEDGES AND AGREES THAT, EXCEPT AS SPECIFICALLY PROVIDED IN THIS ARTICLE, LESSOR HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY NEGATES AND DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF, AS TO, CONCERNING OR WITH RESPECT TO: (I) VALUE; (II) THE INCOME TO BE DERIVED FROM THE OPTION PROPERTY; (III) THE SUITABILITY OF THE OPTION PROPERTY FOR ANY AND ALL ACTIVITIES AND USES WHICH LESSEE MAY CONDUCT THEREON, INCLUDING THE POSSIBILITIES FOR FUTURE DEVELOPMENT; (IV) THE HABITABILITY, MERCHANTABILITY, MARKETABILITY, PROFITABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE OPTION PROPERTY; (V) THE MANNER, QUALITY, STATE OF REPAIR OR LACK OF REPAIR OF THE OPTION PROPERTY; (VI) THE NATURE, QUALITY OR CONDITION OF THE OPTION PROPERTY, INCLUDING, WITHOUT LIMITATION, THE WATER, SOIL AND GEOLOGY; (VII) THE COMPLIANCE OF OR BY THE OPTION PROPERTY OR THEIR OPERATION WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL AUTHORITY OR BODY; (VIII) THE MANNER OR QUALITY OF THE CONSTRUCTION OR MATERIALS, IF ANY, INCORPORATED INTO THE PROPERTY; (IX) COMPLIANCE WITH ANY ENVIRONMENTAL PROTECTION, POLLUTION OR LAND USE LAWS, RULES, REGULATION, ORDERS OR REQUIREMENTS, INCLUDING BUT NOT LIMITED TO, TITLE III OF THE AMERICANS WITH DISABILITIES ACT OF 1990, THE FEDERAL WATER POLLUTION CONTROL ACT, THE FEDERAL RESOURCE CONSERVATION AND RECOVERY ACT, THE U. S. ENVIRONMENTAL PROTECTION AGENCY REGULATIONS AT 40 C. F. R., PART 261, THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT OF 1980, AS AMENDED, THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976, THE CLEAN WATER ACT, THE SAFE DRINKING WATER ACT, THE HAZARDOUS MATERIALS TRANSPORTATION ACT, THE TOXIC SUBSTANCE CONTROL ACT, AND REGULATIONS PROMULGATED UNDER ANY OF THE FOREGOING; (X) THE PRESENCE OR ABSENCE OF HAZARDOUS MATERIALS AT, ON, UNDER, OR ADJACENT TO THE OPTION PROPERTY; (XI) THE CONTENT, COMPLETENESS OR ACCURACY OF THE DUE DILIGENCE MATERIALS OR PRELIMINARY REPORT REGARDING TITLE; (XII) THE CONFORMITY OF THE IMPROVEMENTS TO ANY PLANS OR SPECIFICATIONS FOR THE PROPERTY, INCLUDING ANY PLANS AND SPECIFICATIONS THAT MAY HAVE BEEN OR MAY BE PROVIDED TO LESSEE; (XIII) THE CONFORMITY OF THE PROPERTY TO PAST, CURRENT OR FUTURE APPLICABLE ZONING OR BUILDING REQUIREMENTS; (XIV) DEFICIENCY OF ANY UNDERSHORING; (XV) DEFICIENCY OF ANY...
Lessee Acknowledgment. The Lessee under the Lease Agreement relating to an Engine, if any, shall have received a written agreement for Lessee’s signature, substantially in the form attached hereto as Exhibit D.
Lessee Acknowledgment. The Lessee under each Lease Agreement that will be the subject of a Loan shall have received a written certificate, in substantially the form attached hereto as Exhibit C, in which the Lessee will confirm (i) its remaining obligations under such Lease Agreement, (ii) no event of default (as defined in the Lease Agreements), or condition or event which with the giving of notice or the passage of time or both would constitute an event of default, exist under any such Lease Agreement and (iii) that it will name the Indenture Trustee as additional loss payee, in the case of casualty insurance, and as additional insured in the case of liability insurance.
Lessee Acknowledgment. Lessee hereby acknowledges that Lessor’s rights hereunder have been assigned to the Agent.
Lessee Acknowledgment. Within 90 days of the Closing Date or the Transfer Date with respect to any Engine, the Lessee under the Lease Agreement relating to such Engine, if any, shall have executed and delivered to the Deal Agent a written agreement, substantially in the form attached hereto as Exhibit D.
Lessee Acknowledgment. The Lessee hereby acknowledges that the Lessor’s rights hereunder have been assigned to Wachovia Bank, National Association, as Agent.
Lessee Acknowledgment. Lessee acknowledge that these Event Safety Procedures mitigate the spread and /or exposure to COVID-19 and that the City of Vero Beach shall not be responsible for any possible exposure to Covid-19 Lessee acknowledges that the City of Vero Beach has the right to cancel and/ or shut down an Event already in progress based on ANY violation to comply with your City approved plan. Lessee’s Initials
Lessee Acknowledgment. Within 90 days of the Closing Date or the Transfer Date with respect to any Engine, the Lessee under the Lease Agreement relating to such Engine, if any, shall have executed and delivered to the Deal Agent a written agreement, substantially in the form attached hereto as Exhibit C."
(9) Section 5.2(m) of the Supplement is hereby amended and restated to read in its entirety as follows:
Lessee Acknowledgment. Within 90 days of the Closing Date or the Transfer Date related to each Lease Agreement that is the subject of a Loan, as the case may be, the Lessee under each Lease Agreement that is the subject of a Loan made on such date shall have executed and delivered to the Deal Agent a written certificate, substantially in the form attached hereto as Exhibit C, in which the Lessee confirms (i) its remaining obligations under such Lease Agreement, (ii) that no event of default (as defined in the Lease Agreements), or condition or event which with the giving of notice or the passage of time or both would constitute an event of default, exists under any related Lease Agreement and (iii) that it will name the Indenture Trustee as additional loss payee, in the case of casualty insurance, and as additional insured in the case of liability insurance.
Lessee Acknowledgment. The Lessee hereby acknowledges that the Lessor's rights hereunder have been assigned to First Union National Bank, as Agent.
