Common use of LESSOR’S REPRESENTATIONS, WARRANTIES AND COVENANTS Clause in Contracts

LESSOR’S REPRESENTATIONS, WARRANTIES AND COVENANTS. 15.1 From the Agreement Date, the Lessor hereby state, represent, agree, undertake and covenant that: (i) The Lessor has good right, full and valid power and absolute authority to grant the lease of the Unit hereby granted in favor of the Lessee in the manner herein appearing (including renewal) and the Lessor is not restricted from doing so in any manner whatsoever, including by way of decree or order of any court or authority and require no Third Party permission to execute this Agreement; (ii) From the Agreement Date, the Lessee shall be entitled to peacefully and quietly possess and enjoy the Unit during the Term without any interruption or disturbance from or by the Lessor or any person claiming under and for the Lessor. The Lessor further covenants not to disturb the peaceful possession of the Lessee and in case of a sub- lease by the Lessee the peaceful possession of such Third Party lessee; (iii) The Unit shall be used by Lessee and/or sub-lessee, as per the arrangement under Section 12 of this Agreement, as may be determined by the Lessee in its sole discretion. The Lessor further undertakes that it shall not assign, transfer, mortgage or underlet or grant leave and license or transfer or part with or share possession in any manner whatsoever, of any portion of the Unit in any manner whatsoever save as provided for in Section 15.1(iv); (iv) In the event Lessor is body corporate and the Lessor merges/ amalgamates/ consolidates or transfer its assets with/ to any entity on account of any merger/ amalgamation/ consolidation, then and only in the event it is required pursuant to applicable Law, a fresh Agreement shall be executed between Lessee and new entity (as Lessor) and all costs, expenses including penalties, payable on or in respect of execution and registration of the Agreement would be payable by such new entity (as Lessor); (v) There is/are no restraint/s or obstruction/s on the Lessor to lease the Unit in favour of the Lessee and the Lessee can peacefully occupy and use the Unit for the Project; (vi) There are presently no encroachments on the Unit and the Lessor is in absolute and uninterrupted possession of the Unit; (vii) There is/are no claim/s, or right/s, or title/s or interest/s therein by Third Party and that the Lessor is lawfully seized and possessed of the Unit free from any hindrance, restriction, disturbance, Encumbrance, mortgage, charge, lien, attachment, liability or defect whatsoever and that the Lessor has a good and perfect title, right and interest and absolutely entitled to the Unit and that the Lessor has not been party or privy to any act, deed or thing by which the rights of the Lessor to deal with the Unit has been affected, abridged or curtailed in any manner and that, from the Effective Date, the Lessee shall hereafter and may at all times peacefully and quietly hold, possess and enjoy the Unit, without any hindrance, restriction, disturbance, claim demand; (viii) The execution of this Agreement is not prohibited by its constituent documents (in the event the Lessor is a body corporate) nor will its execution contravene provisions of any Law or agreement or document to which it is a party; (ix) The Lessor has not received any notice of violation of any law or municipal ordinance, order or requirement, having jurisdiction or affecting the Unit; (x) There is presently no claim, action, litigation, arbitration, garnishee or other proceeding pending against the Lessor and relating to Unit or the transactions contemplated hereby. There is presently no claim, governmental investigation or threatened litigation or arbitration proceedings in respect of Unit; (xi) From the Effective Date, the Lessor shall ensure that the Lessee or any other persons permitted by or claiming under the Lessee enjoys quiet and peaceful occupation of Unit during the Term; (xii) The Lessor assures and confirms to the Lessee that, the Lessee shall during the Term shall have the unfettered, absolute and complete rights to develop, construct on or underneath Unit and commercially or otherwise exploit the same by way of sub-lease, through a Third party; (xiii) The Lessor has paid all property taxes and other taxes, assessments and outgoings in respect of the Unit upto the Agreement Date, and shall continue to pay the same in a timely manner for and during the Term; and (xiv) The Lessor agrees to indemnify and agree keep the Lessee indemnified saved defended and sufficiently harmless from and against all and any costs, expenses, charges, outgoings damages and risks at all times arising out of any suit, eviction, building defects, action, claim or demand whatsoever in relation to the title of the Unit and all covenants, representations and warranties made by the Lessor. (xv) In case of fungible Unit, the Lessor hereby agrees that the said Unit shall not be treated as separate unit and shall always form as part and parcel of the larger area and the attached services area thereto. The Lessor(s) of the other Units in the larger area have jointly and collectively Leased the said larger area (including the attached services area) as a single, composite and undivided unit, in which they individually have undivided interest. (xvi) The Lessor hereby further agrees and undertakes as follows: (a) it shall never demarcate/ draw boundary or partition by metes and bounds etc., in the said larger area pertaining to his/her/its Undivided Unit; (b) that the said Unit shall always be used for the sole purpose of operating the “larger area” and the operation in the said Unit as a part of the larger area shall neither be stopped/ discontinued nor be opted out, withdrawn or used for any other purposes by the Allottee(s). (c) that the Allottee(s) shall not do or permit to be done any act or thing which may render void or defeat the purpose of operation of said larger area.

LESSOR’S REPRESENTATIONS, WARRANTIES AND COVENANTS. 15.1 From the Agreement Date, the Lessor hereby state, represent, agree, undertake and covenant that: (i) The Lessor has good right, full and valid power and absolute authority to grant the lease of the Unit hereby granted in favor of the Lessee in the manner herein appearing (including renewal) and the Lessor is not restricted from doing so in any manner whatsoever, including by way of decree or order of any court or authority and require no Third Party permission to execute this Agreement; (ii) From the Agreement Date, the Lessee shall be entitled to peacefully and quietly possess and enjoy the Unit during the Term without any interruption or disturbance from or by the Lessor or any person claiming under and for the Lessor. The Lessor further covenants not to disturb the peaceful possession of the Lessee and in case of a sub- lease by the Lessee the peaceful possession of such Third Party lessee; (iii) The Unit shall be used by Lessee and/or sub-lessee, as per the arrangement under Section 12 of this Agreement, as may be determined by the Lessee in its sole discretion. The Lessor further undertakes that it shall not assign, transfer, mortgage or underlet or grant leave and license or transfer or part with or share possession in any manner whatsoever, of any portion of the Unit in any manner whatsoever save as provided for in Section 15.1(iv); (iv) In the event Lessor is body corporate and the Lessor merges/ amalgamates/ consolidates or transfer its assets with/ to any entity on account of any merger/ amalgamation/ consolidation, then and only in the event it is required pursuant to applicable Law, a fresh Agreement shall be executed between Lessee and new entity (as Lessor) and all costs, expenses including penalties, payable on or in respect of execution and registration of the Agreement would be payable by such new entity (as Lessorlessor); (v) There is/are no restraint/s or obstruction/s on the Lessor to lease the Unit in favour of the Lessee and the Lessee can peacefully occupy and use the Unit for the Project; (vi) There are presently no encroachments on the Unit and the Lessor is in absolute and uninterrupted possession of the Unit; (vii) There is/are no claim/s, or right/s, or title/s or interest/s therein by Third Party and that the Lessor is lawfully seized and possessed of the Unit free from any hindrance, restriction, disturbance, Encumbrance, mortgage, charge, lien, attachment, liability or defect whatsoever and that the Lessor has a good and perfect title, right and interest and absolutely entitled to the Unit and that the Lessor has not been party or privy to any act, deed or thing by which the rights of the Lessor to deal with the Unit has been affected, abridged or curtailed in any manner and that, from the Effective Date, the Lessee shall hereafter and may at all times peacefully and quietly hold, possess and enjoy the Unit, without any hindrance, restriction, disturbance, claim demand; (viii) The execution of this Agreement is not prohibited by its constituent documents (in the event the Lessor is a body corporate) nor will its execution contravene provisions of any Law or agreement or document to which it is a party; (ix) The Lessor has not received any notice of violation of any law or municipal ordinance, order or requirement, having jurisdiction or affecting the Unit; (x) There is presently no claim, action, litigation, arbitration, garnishee or other proceeding pending against the Lessor and relating to Unit or the transactions contemplated hereby. There is presently no claim, governmental investigation or threatened litigation or arbitration proceedings in respect of Unit; (xi) From the Effective Date, the Lessor shall ensure that the Lessee or any other persons permitted by or claiming under the Lessee enjoys quiet and peaceful occupation of Unit during the Term; (xii) The Lessor assures and confirms to the Lessee that, the Lessee shall during the Term shall have the unfettered, absolute and complete rights to develop, construct on or underneath Unit and commercially or otherwise exploit the same by way of sub-lease, through a Third party; (xiii) The Lessor has paid all property taxes and other taxes, assessments and outgoings in respect of the Unit upto the Agreement Date, and shall continue to pay the same in a timely manner for and during the Term; and (xiv) The Lessor agrees to indemnify and agree keep the Lessee indemnified saved defended and sufficiently harmless from and against all and any costs, expenses, charges, outgoings damages and risks at all times arising out of any suit, eviction, building defects, action, claim or demand whatsoever in relation to the title of the Unit and all covenants, representations and warranties made by the Lessor. (xv) In case of fungible Unit, the Lessor hereby agrees that the said Unit shall not be treated as separate unit and shall always form as part and parcel of the larger area and the attached services area thereto. The Lessor(s) of the other Units in the larger area have jointly and collectively Leased the said larger area (including the attached services area) as a single, composite and undivided unit, in which they individually have undivided interest. (xvi) The Lessor hereby further agrees and undertakes as follows: (a) it shall never demarcate/ draw boundary or partition by metes and bounds etc., in the said larger area pertaining to his/her/its Undivided Unit; (b) that the said Unit shall always be used for the sole purpose of operating the “larger area” and the operation in the said Unit as a part of the larger area shall neither be stopped/ discontinued nor be opted out, withdrawn or used for any other purposes by the Allottee(s). (c) that the Allottee(s) shall not do or permit to be done any act or thing which may render void or defeat the purpose of operation of said larger area.

LESSOR’S REPRESENTATIONS, WARRANTIES AND COVENANTS. 15.1 From Lessor represents, warrants and covenants to Lessee that: (a) as of the Agreement date the Building and the Leasehold Improvements are substantially completed, all persons and entities supplying labor, materials and equipment to the Premises, Building or Property will be paid when due, and there shall be no claims of liens affecting the Premises, Building or Property; (b) as of the Commencement Date, the Lessor hereby statePremises, representBuilding and Property do not and shall not, agreeto the best of Lessor's actual knowledge after reasonable inquiry, undertake and covenant that: violate any applicable building or zoning ordinances; (ic) The as of the Commencement Date, no assessments for public improvements will have been made against the Premises, Building or Property which are delinquent; (d) Lessor has good right, right and full power to execute and valid power and absolute authority to grant the lease enter into this Lease; (e) as of the Unit hereby granted commencement of construction Lessor will be the sole owner in favor fee of the Lessee Property and as of the Commencement Date, Lessor will be the sole owner in fee of the manner herein appearing Building 19 Property; (including renewalf) and as of the Lessor is not restricted from doing so in any manner whatsoever, including by way of decree or order of any court or authority and require no Third Party permission to execute this Agreement; (ii) From the Agreement Commencement Date, the Property and the Building 19 Property will each be a separate legal lot or parcel and will be properly subdivided, platted, designated, and zoned so as to permit the uses of the Property and the Building 19 Property contemplated by this Lease. Upon the Property and the Building 19 Property being properly subdivided, the parties agree to substitute for Exhibit A separate legal descriptions of the Property and the Building 19 Property. Lessor warrants and represents to Lessee that as of the date hereof Lessor (either by itself or through an affiliate whose interests are freely assignable to Lessor) holds an enforceable right to purchase the Property and the Building 19 Property. Lessor agrees that it will keep its right to purchase the Property and the Building 19 Property in good standing and in full force and effect and that it will take all necessary steps to close the purchase of the Property and the Building 19 Property in sufficient time to perform all its obligations hereunder. On or before the commencement of construction Lessor shall be entitled deliver to peacefully Lessee a copy of the recorded deed and quietly possess the owner's title insurance policy showing that Lessor is vested in title to the Property and enjoy the Unit during the Term without any interruption or disturbance from or by the Commencement Date Lessor or any person claiming under and for the Lessor. The Lessor further covenants not shall deliver to disturb the peaceful possession Lessee a copy of the Lessee recorded deed and in case of a sub- lease by the Lessee the peaceful possession of such Third Party lessee; (iii) The Unit shall be used by Lessee and/or sub-lessee, as per the arrangement under Section 12 of this Agreement, as may be determined by the Lessee in its sole discretion. The Lessor further undertakes owner's title insurance policy showing that it shall not assign, transfer, mortgage or underlet or grant leave and license or transfer or part with or share possession in any manner whatsoever, of any portion of the Unit in any manner whatsoever save as provided for in Section 15.1(iv); (iv) In the event Lessor is body corporate and the Lessor merges/ amalgamates/ consolidates or transfer its assets with/ to any entity on account of any merger/ amalgamation/ consolidation, then and only vested in the event it is required pursuant to applicable Law, a fresh Agreement shall be executed between Lessee and new entity (as Lessor) and all costs, expenses including penalties, payable on or in respect of execution and registration of the Agreement would be payable by such new entity (as Lessor); (v) There is/are no restraint/s or obstruction/s on the Lessor to lease the Unit in favour of the Lessee and the Lessee can peacefully occupy and use the Unit for the Project; (vi) There are presently no encroachments on the Unit and the Lessor is in absolute and uninterrupted possession of the Unit; (vii) There is/are no claim/s, or right/s, or title/s or interest/s therein by Third Party and that the Lessor is lawfully seized and possessed of the Unit free from any hindrance, restriction, disturbance, Encumbrance, mortgage, charge, lien, attachment, liability or defect whatsoever and that the Lessor has a good and perfect title, right and interest and absolutely entitled title to the Unit and that the Lessor has not been party or privy to any act, deed or thing by which the rights of the Lessor to deal with the Unit has been affected, abridged or curtailed in any manner and that, from the Effective Date, the Lessee shall hereafter and may at all times peacefully and quietly hold, possess and enjoy the Unit, without any hindrance, restriction, disturbance, claim demand; (viii) The execution of this Agreement is not prohibited by its constituent documents (in the event the Lessor is a body corporate) nor will its execution contravene provisions of any Law or agreement or document to which it is a party; (ix) The Lessor has not received any notice of violation of any law or municipal ordinance, order or requirement, having jurisdiction or affecting the Unit; (x) There is presently no claim, action, litigation, arbitration, garnishee or other proceeding pending against the Lessor and relating to Unit or the transactions contemplated hereby. There is presently no claim, governmental investigation or threatened litigation or arbitration proceedings in respect of Unit; (xi) From the Effective Date, the Lessor shall ensure that the Lessee or any other persons permitted by or claiming under the Lessee enjoys quiet and peaceful occupation of Unit during the Term; (xii) The Lessor assures and confirms to the Lessee that, the Lessee shall during the Term shall have the unfettered, absolute and complete rights to develop, construct on or underneath Unit and commercially or otherwise exploit the same by way of sub-lease, through a Third party; (xiii) The Lessor has paid all property taxes and other taxes, assessments and outgoings in respect of the Unit upto the Agreement Date, and shall continue to pay the same in a timely manner for and during the Term; and (xiv) The Lessor agrees to indemnify and agree keep the Lessee indemnified saved defended and sufficiently harmless from and against all and any costs, expenses, charges, outgoings damages and risks at all times arising out of any suit, eviction, building defects, action, claim or demand whatsoever in relation to the title of the Unit and all covenants, representations and warranties made by the LessorBuilding 19 Property. (xv) In case of fungible Unit, the Lessor hereby agrees that the said Unit shall not be treated as separate unit and shall always form as part and parcel of the larger area and the attached services area thereto. The Lessor(s) of the other Units in the larger area have jointly and collectively Leased the said larger area (including the attached services area) as a single, composite and undivided unit, in which they individually have undivided interest. (xvi) The Lessor hereby further agrees and undertakes as follows: (a) it shall never demarcate/ draw boundary or partition by metes and bounds etc., in the said larger area pertaining to his/her/its Undivided Unit; (b) that the said Unit shall always be used for the sole purpose of operating the “larger area” and the operation in the said Unit as a part of the larger area shall neither be stopped/ discontinued nor be opted out, withdrawn or used for any other purposes by the Allottee(s). (c) that the Allottee(s) shall not do or permit to be done any act or thing which may render void or defeat the purpose of operation of said larger area.