Owner’s Representations. Owner represents and warrants as of the Contract Date that:
Owner’s Representations. (i) The Owner represents that:
(a) it is not subject to any Taxes as would constitute a Withholding Tax Event;
(b) it is not subject to any Taxes as would constitute a Trust Tax Event; and
(c) if requested by the Insurance Company, it will provide the Insurance Company within ten (10) days of the Effective Date a duly completed and executed IRS Form W-9, or such other form as may be applicable to it.
(ii) The Owner acknowledges and agrees that the Insurance Company has not registered and has no obligation to register this Contract under the Securities Act.
Owner’s Representations. Each Owner hereby represents and warrants as follows:
(a) That Owner is duly organized, validly existing and in good standing under the laws of the State of its organization, and has all requisite company power and authority to own, lease and operate the Properties and its other assets and business and to carry on its business as now being conducted.
(b) That Owner has the full legal right, power and authority required to enter into, execute and deliver this Agreement and to perform fully its obligations hereunder. This Agreement has been duly authorized, executed and delivered by that Owner and is a valid and binding obligation of that Owner enforceable in accordance with its terms.
(c) No consent, approval, authorization or order of, or qualification with, any court, governmental authority or agency or any other Person or entity is required in connection with the execution, delivery or performance by that Owner of this Agreement or any other agreement contemplated by this Agreement, and this Agreement does not conflict with any other agreements, laws, orders or obligations binding upon that Owner.
(d) That Owner is not a debtor in any outstanding action or proceeding pursuant to any Bankruptcy Law. That Owner is not contemplating either the filing of a petition by it under any Bankruptcy Law or the liquidation of any Property or all or a major portion of its assets or property.
Owner’s Representations. The Owner hereby expressly represents that he/she/it is the owner of the premises designated herein for improvement and rehabilitation and that, as the Owner, he/she/it has all lawful authority required to execute this Grant Agreement, which shall be binding upon the Owner and/or its successors and assigns.
Owner’s Representations. The Owners warrant to the Charterers that the following statements are true and accurate throughout the continuation of this Charter:- (a)
Owner’s Representations. Owner represents and warrants that:
Owner’s Representations. A. Owner is not delinquent in the payment of any property taxes, Owner’s association fees, property insurance, mortgage, or any encumbrance on or affecting the Property.
B. The Property is not subject to a lis pendens or any legal action.
C. Owner agrees to furnish Broker with funds, as requested by Xxxxxx, as needed to cover all fees, repairs, and maintenance.
D. Owner and Broker are obligated under law to disclose to a tenant or to a prospective tenant any known condition that materially and adversely affects the health or safety of a tenant. Owner is obligated under the Colorado Warranty of Habitability law to repair any such condition for a tenant, Owner represents that Owner is not aware of a condition concerning the Property that materially affects the health or safety of a tenant.
Owner’s Representations. The owner represents that: (a) residence described above is an existing residential housing unit located within the District's service area; (b) owner of the residence is named at the conclusion of this Agreement; and (c) Owner has the right and authority to make improvements to the residence and to subject the residence to a mortgage lien or security interest.
Owner’s Representations. A. General:
1. Owner represents that:
a. Owner has fee simple title to and peaceable possession of the Property and all its improvements and fixtures, unless rented, and the legal capacity to lease the property;
b. Owner is not bound by (1) another agreement by another Broker for the sale, exchange, lease or management of the Property that is or will be in effect during this agreement; or (2) an agreement or covenant that prohibits the Owner form leasing the Property;
c. No person or entity has any right to purchase, lease or acquire the Property by an option, right of refusal, or other agreement;
d. Owner is not delinquent in the payment of any Property taxes, Owner’s association fees, Property insurance, mortgage, or any encumbrance on our affecting the property;
e. All information related to the Property that Owner provides is correct and true to the best of Owner’s knowledge;
f. Broker may disclose to the tenant or to a prospective tenant any information related to the representations made in this paragraph 3.
B. Property Condition: Owner and Broker are obligated under law to disclose to a tenant or prospective tenant any known condition that materially and adversely affects the health or safety of an ordinary tenant. Owner is not aware of a condition concerning the Property that materially affects the health or safety of an ordinary tenant, except as stated below, in this agreement, or in any addendum: .
C. Lead-Based Paint: If the Property was built before 1978, Owner will complete and attach to this agreement and addendum regarding lead-based paint hazards that will be made part of any lease of the Property. If the Property was built before 1978, federal law requires the Owner (before a tenant is obligated under a lease) to: (1) provide the tenant with the federally approved pamphlet on lead poisoning prevention; (2) disclose the presence of any known lead-based paint or hazards in the property; and (3) deliver all records and reports to the tenant related to such paint or hazards.
Owner’s Representations. Contractor represents that as of the Effective Date, it is not aware of any breach by Owner of any of Owner’s representations set forth in Section 13.2.
