Common use of Limited Representations by Lessor Clause in Contracts

Limited Representations by Lessor. Lessor makes the following representations, covenants and warranties which shall survive the execution of this Lease and the taking of possession of the Premises by the Lessee: a) That Lessor has taken all requisite actions to make this Lease binding upon Lessor, and Lessor has marketable, fee simple title to the Premises, and is the sole owner of and has good right, title and authority to convey and transfer all rights and benefits which are the subject matter of this Lease, free and clear of all known liens and encumbrances. Absent emergency action, or other Municipal Home Rule Action required by the public health, safety and general welfare, Lessor covenants with Lessee that it will not, during the Lease Term and any option period hereof, conferred and validly exercised, knowingly permit the imposition upon the Premises any liens, encumbrances, mortgages, easements or any other matters affecting title which would preclude or otherwise materially affect Lessee’s quiet enjoyment of the Premises. The obligation of the Lessor set forth in the preceding sentence is not intended to limit the ability of the Lessor, acting in its governmental capacity, to exercise its police powers with respect to the Premises and any activities within the Premises. b) That no party, other than Lessee, shall on the Lease Date be in or have any right to possession of the Premises. c) That the terms of this Lease, including, without limitation, the intended use of the Premises by Lessee, are not in violation of or expressly inconsistent with any operative agreement or covenant known to Lessor of any kind whatsoever which relates to the Premises.

Appears in 3 contracts

Samples: Lease Agreement, Lease Agreement, Lease Agreement

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Limited Representations by Lessor. Lessor makes the following representations, covenants and warranties which shall survive the execution of this Lease and the Lessee‟s taking of possession of the Premises by the LesseeProperty: (a) That Lessor has taken all requisite actions to make this Lease binding upon the Lessor, and the Lessor has is indefeasibly seized of marketable, fee simple title to the PremisesProperty, and is the sole owner of and has good right, title and authority to convey and transfer all property, rights and benefits which are the subject matter of this Lease, free and clear of all known liens and encumbrances. Absent emergency action, or other Municipal Home Rule Action required by the public health, safety and general welfare, Lessor covenants with Lessee that it will not, during the Lease Term and any option period hereof, conferred and validly exercised, knowingly permit the imposition upon the Premises any liens, encumbrances, mortgages, easements or any other matters affecting title which would preclude or otherwise materially affect Lessee’s quiet enjoyment of the Premises. The obligation of the Lessor set forth in the preceding sentence is not intended to limit the ability of the Lessor, acting in its governmental capacity, to exercise its police powers with respect to the Premises and any activities within the Premises. (b) That no partyparty except Lessee shall, other than Lessee, shall on the Lease Date Effective Date, be in or have any right to possession of the PremisesProperty, except for those certain dry slip users as shall be disclosed to the Lessee. (c) That there is on the terms Effective Date legal and physical ingress and egress to the Property from a paved public street for vehicular traffic and perpetual legal and physical ingress and egress for pedestrian traffic. (d) The Property may be used and operated only for the purpose set forth and as contemplated by the RFP and this Lease; and there are no Applicable Laws, private restrictions or other conditions which restrict or prevent the Property from being used and operated for restaurant operations on the Effective Date. (e) All of the representations and warranties of Lessor contained in this Lease shall continue to be true as of the Effective Date and said representations and warranties shall be deemed to be restated and affirmed by Lessor as of the Effective Date without the necessity of Lessor's execution of any document with regard thereto, and the Lessor's liability (except with respect to the environmental condition of the Property which is expressly addressed in Article XII of this Lease) therefore, including, without limitation, shall survive the intended use signing of this Lease. Should any of the Premises by Lesseerepresentations and warranties prove to be incorrect, it shall be Lessor‟s obligation to cure those warranties and representations which are not in violation of or expressly inconsistent with any operative agreement or covenant known to Lessor of any kind whatsoever which relates to the Premisesset forth herein forthwith at Lessor‟s expense.

Appears in 1 contract

Samples: Lease Agreement

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Limited Representations by Lessor. Lessor Xxxxxx makes the following representations, covenants and warranties which shall survive the execution of this Lease and the Xxxxxx’s taking of possession of the Premises by the LesseeProperty: (a) That Lessor has taken all requisite actions to make this Lease binding upon the Lessor, and the Lessor has is indefeasibly seized of marketable, fee simple title to the PremisesProperty, and is the sole owner of and has good right, title and authority to convey and transfer all property, rights and benefits which are the subject matter of this Lease, free and clear of all known liens and encumbrances. Absent emergency action, or other Municipal Home Rule Action required by the public health, safety and general welfare, Lessor covenants with Lessee that it will not, during the Lease Term and any option period hereof, conferred and validly exercised, knowingly permit the imposition upon the Premises any liens, encumbrances, mortgages, easements or any other matters affecting title which would preclude or otherwise materially affect Lessee’s quiet enjoyment of the Premises. The obligation of the Lessor set forth in the preceding sentence is not intended to limit the ability of the Lessor, acting in its governmental capacity, to exercise its police powers with respect to the Premises and any activities within the Premises. (b) That no partyparty except Lessee shall, other than Lessee, shall on the Lease Date Effective Date, be in or have any right to possession of the PremisesProperty. (c) That there is on the terms Effective Date legal and physical ingress and egress to the Property from a paved public street for vehicular traffic and perpetual legal and physical ingress and egress for pedestrian traffic. (d) The Property may be used and operated only for the purpose set forth and as contemplated by this Lease; and there are no Applicable Laws, private restrictions or other conditions which restrict or prevent the Property from being used and operated for restaurant operations on the Effective Date. (e) All of the representations and warranties of Lessor contained in this Lease shall continue to be true as of the Effective Date and said representations and warranties shall be deemed to be restated and affirmed by Xxxxxx as of the Effective Date without the necessity of Lessor's execution of any document with regard thereto, and the Lessor's liability (except with respect to the environmental condition of the Property which is expressly addressed in Article XII of this Lease) therefore, including, without limitation, shall survive the intended use signing of this Lease. Should any of the Premises by Lesseerepresentations and warranties prove to be incorrect, it shall be Lessor’s obligation to cure those warranties and representations which are not in violation of or expressly inconsistent with any operative agreement or covenant known to Lessor of any kind whatsoever which relates to the Premisesset forth herein forthwith at Lessor’s expense.

Appears in 1 contract

Samples: Lease Agreement

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