OWNER REPRESENTS. (i) as of the Effective Date, except as otherwise set forth in the filing of the Registration Statement on Form S-1 by XM Satellite Radio Inc. with the U.S. Securities and Exchange Commission on July 23, 1999, Registration No. 333-38619, Owner is not a party to any legal, administrative, arbitral, investigatory or other proceeding or controversy pending or, to the best of its knowledge, threatened, which reasonably would be expected to have a Material Adverse Effect.
OWNER REPRESENTS. The Owner hereby represents and warrants to Broker and Manager that Owner is the sole Owner in fee simple title to the property or is fully authorized to enter into this agreement as a binding enforceable agreement of the Owner’s property. Owner has full right, power and authority to engage and appoint Xxxxxx and Manager for the purposes and consideration set forth herein and to enter into this agreement. Owner represents that the property is not currently the subject to any outstanding contract for sale, option to purchase, contract for deed, nor any other contractual obligation which would conflict with, preclude or prohibit Manager or Broker from discharging their duties described herein. Owner further warrants there is no default by Owner with respect to any promissory note secured by a lien against the property, and the property is not currently under foreclosure nor has Owner received any notice threatening foreclosure or acceleration of any mortgage note or other obligation secured by the property. Owner shall furnish Broker and Manager copies of all notices of default, threatened acceleration, or foreclosure of a lien secured by the property. Owner has no knowledge of any environmental hazards related to the property. SAVE HARMLESS AND INDEMNITY: Owner agrees to indemnify Broker, Management Company, their agents, independent contractors and employees, from all claims, suits and charges that may arise out of this agreement due to the misrepresentation or negligence of the Owner and to carry public liability insurance. Owner agrees to provide Management Company with proof of insurance and a copy of the declaration page. Owner further agrees to have Management Company listed with insurance carrier as a certificate holder. Owner agrees to indemnify Management Company and/or Broker for any damages suffered as a result of any lapse in or failure by Owner to maintain adequate insurance coverage. Owner shall bear all risks or damage and lost income due to actions or inactions of tenant. Management Company’s liability for all acts shall be limited to a sum equal to the management fees earned by Management Company during the term of this agreement. Owner agrees that Management Company is in no way responsible for nonpayment of or theft of any utility service by tenant(s). In the event the property is subject to the rules and/or regulations of a homeowners/condominium association, the Owner shall be responsible for providing and updating Management Company wi...
OWNER REPRESENTS. The Equipment is completely and accurately described as set out In Exhibit A. Owner is now the beneficial owner of the Equipment and the Equipment is not subject to any claim by any person or to any registered or unregistered charges, liens or interests of any nature or in any way arising excepting only as fully set out in Exhibit A. The Equipment is not subject to the collection or attraction of any taxes, liens or claims of any authority of competent jurisdiction of any kind and nature, notwithstanding any past, present or future use to which the Equipment may have been, presently is or hereafter may be put. Owner is the true owner of the Equipment with full right and authority to sell such Equipment. Except as specified on this contract, the Equipment is free and clear of all liens, encumbrances, or claims by any other persons.
OWNER REPRESENTS. A) OWNER represents and warrants that the OWNER has full power and authority to enter into this Agreement or the person signing this agreement has the authority to execute this agreement; that there are no written nor oral Agreements affecting the Property other than disclosed tenant leases, copies of which have been furnished to TPM; that there are no recorded easements, restrictions, defaults, reservations, or rights of way which adversely affect the use of the Property for the purposes intended under this Agreement; that the Property is zoned for the intended use; that all permits for the operation of the Property have been secured and are current; that the building and its construction and operation do not violate any applicable statutes, laws, ordinances, rules, regulations, orders or the like; and that the information supplied by OWNER is dependable and accurate. OWNER is NOT in any legal proceedings including Bankruptcy and should OWER commence or become involved any proceedings OWNER will notify TPM within 7-Days. OWNER understands the inherent risk with management and rental of unit.
OWNER REPRESENTS. The Owner hereby represents and warrants to Manager that they are the sole owners of fee simple title to the property or is fully authorized to enter into this exclusive agreement as a binding enforceable agreement of the Owner’s property. Owner has full right, power and authority to engage and appoint the Manager for the purposes and consideration herein set forth and to enter in to this agreement. Owner represents that the property is not currently subject to any outstanding contract of sales, option to purchase, contract for deed, or any other contractual obligation which would conflict with, preclude, or prohibit Manager from discharging its duties described herein. Owner further warrants there is not default by Owner with respect to any promissory note secured by alien against the property, and the property is not currently posted for foreclosure nor has Owner received any notice threatening foreclosure or acceleration of any mortgage note or other obligation secured by the property. Owner shall furnish Manager with copies of all notices of default, threatened acceleration of a lien securing the property. Owner has no knowledge of any environmental hazards related to property and agrees that if any environmental hazards arise that the Owner takes full responsibility for any cost in removing such hazards. The owner hereby represents and warrants that there is no personal property or other belongings behind at the subject premises and that Manager shall not be responsible for the loss of any personal property that the Owner may have left behind or stored at the subject rental property.
