LESSOR’S TITLE. LESSOR covenants that LESSEE, on paying the rent and performing the covenants herein, shall peaceably and quietly have, hold and enjoy the Premises. LESSOR represents and warrants to LESSEE as of the Effective Date and covenants during the Term that LESSOR has full authority to enter into and execute this Agreement and that there are no liens, judgments, covenants, easement, restrictions or other impediments of title that will adversely affect LESSEE’s Use.
LESSOR’S TITLE. The Lessor's title is and always shall be paramount to the title of the Lessee, and nothing herein contained shall empower the Lessee to do any act which can, shall or may encumber the title of the Lessor.
LESSOR’S TITLE. A. It is mutually understood and agreed that this Lease is granted only under such title as Lessor may now hold or hereafter acquire. Lessee may investigate and in Lessor’s name take any action it deems necessary to remedy any defects of title to the Red Rock Mineral Prospect. Lessor agrees to cooperate with Lessee in investigating and remedying any such defects in title; however, in the event that Lessor shall hereafter be divested of such title, Lessor shall not be liable for any damages sustained by Lessee. Additionally, Lessor shall not be liable in damages or otherwise, on account of Lessee’s possession thereof being destroyed or interrupted. Lessee’s only remedy in the event of failure of Lessor’s title is specified in the last sentence of Article 8.D below.
B. It is understood and agreed that in the event of adverse claim or claims affecting mining claims comprising the Red Rock Mineral Prospect or the land covered thereby, Lessee shall be under no obligation to defend title, nor to contribute to the defense of title thereto, and it is specifically understood in such event that Lessor shall be under no obligation to defend title.
C. Concerning possible conflicts with unpatented mining claims of third parties, neither party is under a specific obligation of title defense; Lessor leases merely whatever title it might have in such area of conflict. To the extent that Lessee desires to enter an area of conflict and endeavor to prove upon the title to Lessor’s claims, Lessee does so at its own risk and expense. Lessor represents that it has no knowledge of claims of third parties. Nothing in this agreement is intended nor shall it be construed to require that Lessee pay Production Royalty to Lessor for mineral production from property which is determined not to belong to Lessor.
D. It is expressly agreed that Lessor does not warrant title to the Red Rock Mineral Prospect. To the best of Lessor’s knowledge, all of the claims listed in Exhibit “A” for the Mineral Prospect were located, monumented and recorded with the appropriate government entities as required by law and have been continuously maintained since location or relocation by assessment work or payment of claim maintenance fees and filing/recording of evidentiary documents as required by law. Lessor does, however, represent that the Red Rock Mineral Prospect is free and clear of all liens and encumbrances, including any leases, rights, or licenses granted to third parties by, through, or under L...
LESSOR’S TITLE. Subject to the terms of this Lease, Lessor's title is, and always shall be, paramount to the title and interest of Lessee, and nothing herein contained shall empower Lessee to do any act which can or shall encumber the title of the Lessor. Provided the holder of any mortgage now or hereafter encumbering the Premises shall provide Lessee with a non-disturbance agreement reasonably satisfactory to Lessee, Lessee agrees to subordinate its interest in this Lease to the Mortgage that encumbers the Premises. Nothing contained herein shall relieve the Lessor of any obligations under the Mortgage.
LESSOR’S TITLE. If at the time of recording by Lessee of a notice or memorandum of lease there shall be any mortgage or mortgages affecting the Premises or the Park, or any portion thereof, Lessor shall obtain and deliver to Lessee within thirty (30) days after the date of such recording, an Agreement with respect to such mortgage or mortgages (in accordance with the provisions of Section 16.A). Lessee shall have the right, within thirty (30) days after the date of this Lease, at Lessee's cost and expense (except as hereinafter provided), to obtain a commitment for leasehold title insurance from a title insurance company of Lessee's selection, committing to insure Lessee's leasehold interest under this Lease. Lessor's will cooperate with Lessee with regard to such title insurance commitment, including using reasonable efforts (i) to cause such commitment to be issued by any title insurance company that may have issued a title insurance policy to Lessor, and (ii) to procure any "simultaneous issue" rate
LESSOR’S TITLE. RETURN OF FF&E UPON EXPIRATION OR TERMINATION OF LEASE; IDENTIFICATION OF FF&E: Title to the FF&E will at all times remain in Lessor’s name and Lessee will at all times, at its own cost and expense, protect and defend the title of Lessor from and against all claims, liens and legal processes of creditors of Lessee and keep the FF&E free and clear from all such claims, liens and processes resulting from Lessee’s use or operation of the FF&E. Lessee agrees not to alter or modify the FF&E without first obtaining in each instance the prior written approval of Lessor. Upon the expiration or earlier termination of this Lease, as governed by Paragraph 2 above, Lessee, at Lessor’s sole expense, and using a delivery or shipping method selected by Lessor and insured at Lessor’s sole expense, shall return the FF&E unencumbered to Lessor at a place or places reasonably acceptable to Lessor (“Delivery Location”), and in the same condition as when received by Lessee, reasonable wear and tear resulting from normal use thereof alone excepted. Notwithstanding the foregoing, that portion of the FF&E which consists of optical displays will, upon the expiration or earlier termination of this Lease, be deemed abandoned by Lessor and disposed of by Lessee at its sole cost and expense, unless Lessor, by notice to Lessee sent at least thirty (30) days prior to the expiration or earlier termination of this Lease, affirmatively directs Lessee to return such items to the Delivery Location pursuant to the provisions of the preceding sentence.
LESSOR’S TITLE. Lessor shall have and retain paramount title to the Hospital free and clear of any act or inaction of Lessee that may restrict or encumber the Facility.
LESSOR’S TITLE. Lessor represents and covenants to Lessee that Lessor owns marketable and insurable fee simple title to the Premises free and clear of any liens, claims, restrictions, encumbrances, or rights of others except for the permitted exceptions set forth in Schedule "C" annexed hereto.
LESSOR’S TITLE. Lessor covenants that Lessor has good and marketable title to the Demised Premises in fee simple absolute, free of liens, encumbrances (excluding mortgages) and that there are no restrictive covenants or exclusive use provisions in other tenants' leases, or other agreements, zoning laws or other ordinances or regulations which will prevent Lessee from occupying the Demised Premises for the purposes herein provided.
LESSOR’S TITLE. Lessor hereby warrants that Lessor upon the close of the acquisitions set forward at Paragraph 31 will be the fee simple owner of the Leased Premises.
