Of Lessee. Xxxxxx makes the following representations, warranties and covenants:
Of Lessee. If Lessee is declared insolvent or adjudicated a bankrupt; if Lessee makes an assignment for the benefit of creditors; if Lessee's leasehold interest is sold under execution or by a trustee in bankruptcy; or if a receiver is appointed for Lessee, Lessor, without prejudice to its rights hereunder and at its option, may terminate this Lease and retake possession of the Leased Premises immediately and without notice to Lessee or any assignee, transferee, trustee, or any other person or persons, using force if necessary.
Of Lessee. If Xxxxxx is declared insolvent or adjudicated a bankrupt; if Xxxxxx makes an assignment for the benefit of creditors; if Xxxxxx's leasehold interest is sold under execution or by a trustee in bankruptcy; or if a receiver is appointed for Lessee, Lessor, without prejudice to its rights hereunder and at its option, may terminate this Lease and retake possession of the Leased Premises immediately and without notice to Lessee or any assignee, transferee, trustee, or any other person or persons, using force if necessary.
Of Lessee. The Lessee shall have delivered to the Lessor (i) a certificate of its Secretary or an Assistant Secretary attaching and certifying as to (A) the resolutions of its Board of Directors duly authorizing the execution, delivery and performance by it of each Operative Document to which it is or will be a party, (B) its certificate of incorporation and by-laws, and (C) the incumbency and signature of persons authorized to execute and deliver on its behalf the Operative Documents to which it is a party and (ii) a certificate of good standing with respect to it issued by the Secretary of State of the State of its incorporation.
Of Lessee. Lessor shall defend, indemnify and hold Lessee harmless from and against any and all obligations, losses, costs, expenses, claim, demands, attorney's fees, investigation costs or liabilities on account of, or arising out of the sole negligence or willful misconduct of Lessor or Lessor's Agents or an incurred breach by Lessor of its obligations as provided for under this Lease. The provisions of Section 38.2 shall survive the Lease Term or earlier termination of this Lease with respect to any damage, injury or death occurring during the Lease Term.
Of Lessee. The Lessor covenants and agrees to protect and safeguard the Lessee against and from any loss, cost, damage or expense arising out of or from any accident, occurring within the Premises, any violation of any term of this lease, or from any other occurrence on the demised Premises, causing damage to any person or property due, or claimed to be due, by any act or negligence of the Lessor, its agents, employees, invitees or customers, or due to any failure of the Lessor, its agents, employees, invites or customers, to comply with the requirements of this Lease on the part of the Lessor to be done and performed, unless such loss, cost, damage or expense arises or results from act or negligence of Lessee.
Of Lessee. That in the event of the insolvency or bankruptcy of the Lessee, or the filing of any petition under the bankruptcy statute voluntarily or involuntarily and whether or not resulting in an adjudication in bankruptcy, or in the event of a partial or general assignment for the benefit of a creditor, at any time thereafter the Lessor shall have the right to terminate this lease upon giving written notice thirty days in advance.
