Liens and Tenants. Lessor represents that Lessor has good and valid title to the System, there are no unrecorded liens, encumbrances, leases, mortgages, deeds of trust (except as disclosed to Lessee in writing or as arise by operation of law), or other exceptions (collectively, “Liens”) arising as a result of any acts or omissions to act of Lessor by, through or under Lessor to Lessor’s right, title or interest in the System other than any such of the foregoing that does not materially impair the Lessee’s use of the System, and, to Lessor’s knowledge, there exist no rights or interests of any third party relating to the System that are not contemplated herein. Except for Permitted Liens or as may be disclosed in the applicable real property records in the State of Texas, or as disclosed by Lessor in writing to Lessee, Lessor represents that there are no mortgages, deeds of trust, or similar liens or security interests encumbering all or any portion of the System. Lessor shall fully cooperate and assist Lessee, at no out-of-pocket expense to Lessor, in obtaining a subordination and non-disturbance agreement from each party that holds a Lien that might reasonably be expected to interfere in any material respect with Lessee’s rights under this Agreement. Notwithstanding the foregoing, Lessor and its affiliates shall have the right to incur Permitted Liens encumbering the System or any component thereof solely for the benefit of Lessor in connection with any existing or future financing or refinancing pursuant to which the System (or any component thereof) is pledged as collateral and Lessee agrees to enter into such acknowledgments and agreements in respect thereof with the lenders, or a trustee or agent for the lenders as the Lessor may reasonably request.
Liens and Tenants. Except as may be disclosed in the real property records of the County, or as disclosed by Owner in writing to Tenant on or prior to the Effective Date, Owner represents there are no leases (including oil, gas and/or other mineral interests), easements, licenses, rights of way, mortgages1, deeds of trust, liens, security interests, mechanic’s liens or any other encumbrances encumbering all or any portion of the Property that could interfere with Xxxxxx ’s operations on the Property, including mechanic’s liens. If such Owner representation and warranty is breached and such breach is not caused by Tenant, then Owner shall fully cooperate and assist Tenant in removing or limiting such interference, including, but not limited to, obtaining a subordination and non-disturbance agreement where Tenant deems it necessary, with terms and conditions reasonably requested by Tenant to protect its rights hereunder, from each party that holds such rights (recorded or unrecorded), and in the case of monetary liens such as mechanic’s liens, bonding over any such liens in an amount that may be reasonably requested by Xxxxxx.
Liens and Tenants. Except as disclosed to Grantee in writing, there are no liens, encumbrances, leases, mortgages, deeds of trust, mineral or oil and gas rights, options, or other exceptions to Owner’s fee title ownership of the Property (collectively, “Liens”) which are not recorded in the public records of the County in which the Property is located. Lienholders (including tenants), whether or not their Liens are recorded, shall be Owner’s responsibility, and Owner shall cooperate with Grantee to obtain a non-disturbance agreement from each party that holds a Lien (recorded or unrecorded) that might interfere with Xxxxxxx’s rights under this Agreement. A non-disturbance agreement is an agreement between Grantee and a lienholder which provides that the lienholder shall not disturb Grantee’s possession or rights under the Easement or terminate this Agreement so long as Owner is not entitled to terminate this Agreement under the provisions hereof. If Owner is unable to obtain any such non-disturbance agreement from a lienholder that holds a mortgage, deed of trust, tax lien or other Lien that is senior to this Easement (if any), Grantee shall be entitled (but not obligated) to make payments in fulfillment of Owner’s obligations to the lienholder and may offset the amount of such payments from amounts due Owner under this Agreement. (Comment: Should Owner’s financial institution fail to consent to a non-disturbance agreement, Grantee may pay Owner’s lien and offset the debt against any payments due Owner under the Easement. Additionally, future financing by Owner where the Property is collateral may be impaired and its fair market value adversely affected by the Easement. Xxxxxxx’s rights to the use of Owner’s Property are significant.)
Liens and Tenants. Lessor represents that Lessor has good and valid title to the Xxxxxxx/Xxxxx/Xxxxxxx Assets, there are no unrecorded liens, encumbrances, leases, mortgages, deeds of trust (except as disclosed to Lessee in writing or as arise by operation of law), or other exceptions (collectively, “Liens”) arising as a result of any acts or omissions to act of Lessor by, through or under Lessor to Lessor’s right, title or interest in the Xxxxxxx/Xxxxx/Xxxxxxx Assets other than any such of the foregoing that does not materially impair the Lessee’s use of the Xxxxxxx/Xxxxx/Xxxxxxx Assets, and, to Lessor’s knowledge, there exist no rights or interests of any third party relating to the Xxxxxxx/Xxxxx/Xxxxxxx Assets that are not contemplated herein. Except for Permitted Liens or as may be disclosed in the applicable real property records in the State of Texas, or as disclosed by Lessor in writing to Lessee, Lessor represents that there are no mortgages, deeds of trust, or similar liens or security interests encumbering all or any portion of the Xxxxxxx/Xxxxx/Xxxxxxx Assets. Lessor shall fully cooperate and assist Lessee, at no out-of-pocket expense to Lessor, in obtaining a subordination and non-disturbance agreement from each party that holds a Lien that might reasonably be expected to interfere in any material respect with Lessee’s rights under this Agreement. Notwithstanding the foregoing, Lessor and its affiliates shall have the right to incur Permitted Liens encumbering the Xxxxxxx/Xxxxx/Xxxxxxx Assets or any component thereof solely for the benefit of Lessor in connection with any existing or future financing or refinancing pursuant to which the Xxxxxxx/Xxxxx/Xxxxxxx Assets (or any component thereof) is pledged as collateral and Lessee agrees to enter into such acknowledgments and agreements in respect thereof with the lenders, or a trustee or agent for the lenders as the Lessor may reasonably request.
Liens and Tenants. Except as may be disclosed in the real property records of the County, Lessor represents there are no encumbrances, leases, mmtgages, deeds of trust, deeds to secure debt, or similar liens or security interests encumbering all or any portion of the Prope1iy and/or the Premises that could interfere with Xxxxxx's operations on the Premises, including mechanic's liens. Lessor shall not directly or indirectly cause, create, incur, assume or suffer to exist any mortgage, pledge, lien (including mechanics', labor or materialman's lien), charge, security interest, encumbrance or claim on or with respect to the Systems, the Premises, or any interest therein. Lessor shall provide Lessee with notice if it receives notice of any such claims. Lessor fmther agrees to discharge or bond, at its sole expense, any such encumbrance or interest that attaches to the Systems and to indemnify, defend and hold harmless Lessee from any costs, losses, expenses or liabilities arising from the same, including, without limitation, Xxxxxx's attorneys' fees and court costs. Lessor waives any and all lien rights it may have, statutory or otherwise, concerning the System or any portion thereof.
Liens and Tenants. Except as disclosed by Owner in writing to Grantee, Owner represents that there are no mortgages, deeds of trust, or similar liens or security interests encumbering all or any portion of the Property. If any recorded or unrecorded liens, encumbrances, leases, mortgages, deeds of trust, or other exceptions (collectively, "Liens") arise that create an unpaid monetary obligation for Owner, and may, in Grantee’s reasonable determination, interfere with the Project, then Owner shall remove or bond over any such Liens in amounts reasonably approved by Grantee, and Owner shall fully cooperate and assist Grantee, at no out-of-pocket expense to Owner, in obtaining a consent to the granting of the Easement, if necessary, and a non-disturbance agreement from each party that holds a lien (recorded or unrecorded) that might interfere with Xxxxxxx's rights under this Agreement. A non-disturbance agreement is an agreement between Grantee and a lienholder which provides that the lienholder shall not disturb Grantee's possession or rights under the Easement or terminate the Easement so long as Owner is not entitled to terminate this Agreement under the provisions hereof. Grantee shall promptly reimburse Owner for any actual reasonable expenses incurred by Owner in connection with such cooperation and assistance.
Liens and Tenants. Except as may be disclosed in the real property records of the County, or as disclosed by Owner in writing to Grantee on or prior to the Effective Date, Owner represents there are no leases (including oil, gas and/or other mineral interests), easements, licenses, rights of way, mortgages, deeds of trust, liens, security interests, mechanic’s liens or any other encumbrances encumbering all or any portion of the Property PROPERTY MUST BE FREE AND CLEAR that could interfere with Xxxxxxx’s operations on the Property, including mechanic’s liens. If such Owner representation and warranty is breached and such breach is not caused by Grantee, then Owner shall fully cooperate and assist Grantee in removing or limiting such interference, including, but not limited to, obtaining a subordination and non-disturbance agreement where Grantee deems it necessary, with terms and conditions reasonably requested by Grantee to protect its rights hereunder, from each party that holds such rights (recorded or unrecorded), and in the case of monetary liens such as mechanic’s liens, bonding over any such liens in an amount that may be reasonably requested by Xxxxxxx. NON-DISTURBANCE
Liens and Tenants. Grantor represents and warrants that there are no liens, encumbrances, leases, fractional interests, mineral or oil and gas rights or other exceptions to Grantor’s fee simple title or otherwise burdening the estate of Grantor in the Easement Area, except as may be set forth on Schedule A hereto, and Grantor agrees not to create or permit the creation of any such lien or encumbrance without Grantee’s prior written consent, which shall not be unreasonably withheld or delayed. Grantor agrees to remove, discharge or bond over any such lien or other encumbrance created without Grantee’s prior written consent within thirty (30) days of the creation of any such lien or other encumbrance.
Liens and Tenants. Except with respect to those agreements that Owner provides Lessee copies of within sixty (60) days after the Effective Date and, except to the extent disclosed in the public record, Owner represents that there are no unrecorded liens, encumbrances, leases, mortgages, deeds of trust, security interests, claims, disputes or other exceptions to Owner's right, title or interest in the Property. Prior to the commencement of the Construction and Operation Term with respect to any Property, Owner shall terminate any leases pertaining to such Property other than this Lease. During the Term, Owner shall exercise best efforts to obtain non-disturbance, subordination, release, reconveyance and/or other title curative agreements from any person or entity with a lien, encumbrance, mortgage or other exception to Owner's fee title to the Property as requested by Xxxxxx in order to facilitate development and financing of the Solar Facilities. If Owner and Lessee are unable to obtain such agreements from any person or entity holding an interest in the Property and Owner defaults on its obligations to such holder, then Lessee shall be entitled (but not obligated) to fulfill Owner's obligations to such holder and may offset the cost of doing so against future payments due Owner under this Lease. Owner also shall provide Lessee with any further assurances and shall execute any estoppel certificates, consents to assignments or additional documents that may be reasonably necessary for recording purposes or otherwise reasonably requested by Xxxxxx. After the Effective Date, other than with respect to a Fee Mortgage complying with Section 10.6 above, Owner shall not without the prior written consent of Lessee voluntarily create or acquiesce in the creation of any additional liens, encumbrances, covenants, conditions, easements, rights of way or similar matters or other exception to title to the Property, and Owner shall not create or suffer any monetary lien or encumbrance against the Property unless the holder thereof enters into a subordination and non-disturbance or similar agreement in a form reasonably acceptable to Lessee, which protects and preserves all of Xxxxxx’s rights hereunder (and any amendment hereto) in the event of a foreclosure of such monetary lien. To Owner’s knowledge, there are no currently existing options, rights of refusal, sales contracts, or other such rights in favor of any third parties relating to the Property or any interest therein that could inte...
Liens and Tenants. Except as may be disclosed in the real property records of the County, or as disclosed by Owner in writing to Grantee on or prior to the Effective Date, Owner represents, to the best of its knowledge without inquiry, as of the date this Agreement is signed by Owner, that there are no leases other than for ordinary agricultural activities (including oil, gas and/or other mineral interests), easements, licenses, rights of way, mortgages, deeds of trust, liens, security interests, mechanic’s liens or any other encumbrances encumbering all or any portion of the Property that could interfere with Grantee’s operations on the Property, including mechanic’s liens. If such Owner representation and warranty is discovered to be inaccurate, then Owner shall cooperate and assist Grantee in removing or limiting such encumbrance so as to eliminate any interference with Grantee’s rights under this Agreement, including, but not limited to, obtaining a subordination and non-disturbance agreement where Grantee deems it necessary, with terms and conditions reasonably requested by Grantee to protect its rights hereunder, from each party that holds such rights (recorded or unrecorded), and in the case of monetary liens such as mechanic’s liens, bonding over any such liens in an amount that may be reasonably requested by Grantee.
