Lessor’s Representation. To Lessor’s knowledge, (i) there is no currently existing condition of the Premises which, if existing after the execution of this Lease, would require Lessee to give notice to Lessor pursuant Sections 8Ab., 8Ak. or 8Aj. above, and (ii) Lessor has received no notice (whether oral or written) which would lead Lessor to suspect Hazardous Materials are present or exist on or under the Premises or that the Premises are not in compliance with all Hazardous Materials Laws.
Lessor’s Representation. The LESSOR represents and warrants to the LESSEE as follows:
a) That the LESSOR have absolute and unfettered rights with regard to the Scheduled Premises and no other person or Party has or have any right, title or interest therein. That the LESSOR is sufficiently empowered to lease the Scheduled Premises and covenants that it has obtained all the approvals and clearances as may be required to sufficiently assure the LESSEE, the leasehold rights to the Scheduled Premises;
b) that the LESSOR has not entered into any arrangement or agreement of sale, lease, licence of the Scheduled Premises or any part thereof with any person or party;
c) that there is no restraint or obstruction on the LESSEE using and/or occupying the Scheduled Premises for the purposes for which the lease is being taken either from the LESSOR or anyone claiming through the LESSOR or under the LESSOR’s predecessors-in-title;
d) that the LESSEE shall at all times during the term of the Lease enjoy exclusive, quiet and peaceful possession of the Scheduled Premises.
e) that the LESSOR shall not do any such act/s which shall prejudice the right of the LESSEE under the Lease in any manner whatsoever.
a) that the Municipal taxes with regards to the Scheduled Property (called “Property tax”) have been paid up to date and that there are no outstanding recovery proceeding under any statute which would affect the interest of the LESSEE under this Lease;
b) that the Scheduled Premises are free from any kind encumbrances, attachments, acquisition or court proceedings mortgages, charges, liens or charges of any kind;
Lessor’s Representation. As of the date of this Lease, Lessor represents to Lessee, to the best of Lessor's knowledge based solely on the Environmental Reports dated July, 1991; March, 1992; and, January, 1994 that the Lessor has not disposed, stored or used Hazardous Materials (as hereinafter defined) in the Building, other than those that are in compliance with law.
Lessor’s Representation. Lessor hereby represents and warrants to the best of its knowledge without due inquiry to Lessee that as of the Effective Date: (a) the Lease is and shall remain in full force and effect, subject to the terms and conditions of this Amendment; (b) Lessee is presently as of the date hereof in possession of the Premises as set forth in the Lease and as of the date hereof is in good standing on the payment of all rentals and any other charges or sums due under the Lease; (c) the Lease has not been modified, supplemented or amended in any way, except as set forth in this Amendment; (d) to the best of Lessor’s knowledge without due inquiry, the Lessor is not aware of any actual or alledged claims, breach, default or legal actions by and between any creditor or lender and against the Lessor or the Building.this Amendment has been duly authorized, executed, and delivered by and on behalf of Lessor and constitutes the valid and binding agreement of Lessor in accordance with the terms hereof.
Lessor’s Representation. Lessor hereby represents and warrants that, prior to the time Lessee begins its modifications to the building, all structural aspects of the Premises shall be in sound condition and in good repair. Notwithstanding the provisions of paragraph 7.1, Lessee shall not be required to make any repairs to the Premises which are required as a result of the breach, by Lessor, of the foregoing representation and warrantee. Notwithstanding the provisions of Paragraph 7.4, Lessor shall be obligated to effect such repairs and maintenance to the Premises which are required as a result of the breach, by Lessor, of the foregoing representation and warrantee. Notwithstanding the provisions of the last sentence of Paragraph 8.6, Lessee assumes no risk and waives no claim with respect to any damage or injury which results from the breach, by Lessor, of the foregoing representation and warrantee. Notwithstanding the provisions of Paragraph 8.7, Lessor shall not be relieved from any liability relating to the matters described in Paragraph 8.7, provided that such matters or circumstances result from or are attributable to the breach, by Lessor, of the foregoing representation and warrantee. Notwithstanding the last sentence of Paragraph 9.6, lessor shall not be relieved of any claim of Lessee with respect to any such damage, destruction, repair or restoration referred to in such sentence, provided that such matters result from or are attributable to the breach, by Lessor, of the foregoing representation and warrantee.
Lessor’s Representation. The Lessor warrants and guarantees that he/she has the right, without any restriction, to rent the premises.
Lessor’s Representation. Lessor represents to Lessee (which representation is made without any investigation or inquiry) that it has no actual knowledge concerning the existence of (a) any Hazardous Substances on or about the Premises, the Building or the Common Areas or the soil, surface water or groundwater thereof, except as disclosed in the Environmental Report (as hereinafter defined), or (b) any underground storage tanks at the Industrial Center. Such representation is based solely on, and Lessor’s actual knowledge is limited to, the information contained in that certain Phase 1 Environmental Site Assessment dated August 31, 2009, prepared by Occupational Services, Inc. under its Report No. 090831-02 (the “Environmental Report”), a copy of which has been provided to Lessee. As of the Effective Date, Lessor further represents to Lessee that Lessor has not received written notice of any pending action, proceeding or claim relating to the existence of Hazardous Substances at the Industrial Center. Under no circumstance shall Lessee be liable for any losses, costs, claims, liabilities and damages (including attorneys’ and consultants’ fees) of every type and nature, directly or indirectly arising out of or in connection with any Hazardous Substances present at any time on or about the Industrial Center, or the soil, air, improvements, groundwater or surface water thereof, or the violation of any laws, orders or regulations, relating to any such Hazardous Substance, except to the extent that any of the foregoing actually results from the release or emission of Hazardous Substances by Lessee or its agents, employees or invitees.
Lessor’s Representation. (1) The Lessor hereby represents that the Manufacturing Facility and the plant and machinery installed thereon is free from all encumbrances, charges, or liens of any entity, whatsoever, and the Lessor has full and absolute authority to enter into this Agreement without affecting he rights of any third party.
(2) The Lessee undertakes that it shall not, at any time, and in any way, create any charge, encumbrance, lien, or any other third party interest over the Manufacturing Facility, and shall use the Manufacturing Facility for only the purposes as provided in this Agreement.
(3) That on the Lessee paying the Rent on the due dates thereof and in the manner herein provided and observing and performing the covenants, conditions and stipulations herein contained, it shall peacefully enjoy the possession and occupation of the Manufacturing Facility for the Lease Term without any interruption by the Lessor or any person lawfully claiming under him.
Lessor’s Representation. Unless specifically stated otherwise herein, the Lessor represents and warrants that the Lessor is either the owner or authorized agent of the owner of the Leased Premises, has full authority to make this Lease Agreement and covenants that the Lessor will not permit the Leased Premises, any portion of the Lessor’s Tract or any other property owned or controlled by the Lessor within a two thousand foot radius of the Tenant’s outdoor advertising structure, to be used for outdoor advertising purposes or permit the Tenant’s sign to be obstructed. Subject to the Tenant’s option rights referred to above and prior to any transfer of the Lessor’s interest in the Leased Premises, the Lessor agrees to give the Tenant notice of such transfer or and to make such transfer expressly subject to this Lease Agreement. In the event the Tenant decides not to exercise its option referred to above, the Lessor agrees to deliver promptly to the Tenant the name and address of the Lessor’s transferee and to deliver to such transferee written notice of the existence of this Lease Agreement and a copy thereof. The Lessor understands that the terms of this Lease are proprietary and confidential and that the Tenant would be damaged by the unauthorized disclosure of the terms. As a result, the Lessor agrees not to disclose the terms of this Lease to any third party. This confidentiality provision shall survive the termination of this Lease.
Lessor’s Representation. Lessor hereby represents to Lessee that there are no current mortgages or deeds of trust encumbering Lessor's interest in the Building or Industrial Center as of the date of execution of this Lease.
