Permits, Legal Compliance, and Notice of Defects Sample Clauses

Permits, Legal Compliance, and Notice of Defects. To Seller’s knowledge, Seller has all licenses, permits and certificates necessary for the use, occupancy and operation of the Property (including, without limitation, all certificates of occupancy), all of which are in full force and effect, and Seller has not taken or failed to take any action that would result in their revocation, and has not received any written notice of an intention to revoke any of them. Except as set forth on Appendix 6.1(f), Seller has received no written notice that either the Property or the use thereof violates any governmental law or regulation or any covenants or restrictions encumbering the Property. Except as set forth on Appendix 6.1(f), Seller has not received any written notice from any insurance company or underwriter, nor is it aware, of any defects that would materially adversely affect the insurability of the Property or cause an increase in insurance premiums. Except as set forth on Appendix 6.1(f), Seller has not received written notice from any governmental authority or other person of any violation of zoning, building, fire, health, environmental, or other statutes, ordinances, regulations or orders (including those respecting the Americans with Disabilities Act), or any restriction, condition, covenant or consent in regard to the Property or any part thereof which have not been corrected to the satisfaction of the issuer.
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Permits, Legal Compliance, and Notice of Defects. No Owner has ----------------------------------------------- applied to or entered into any agreement with any governmental official, agency or body or with any other Person or entity with respect to any modification, variance or exception regarding zoning, building codes and similar laws and regulations that materially and adversely affects the value, use or operation of any of the Properties. Except as disclosed in due diligence materials delivered to the Acquirer, the Owners have received no written notice from any governmental authority that (i) the Owners do not have all licenses, permits and certificates necessary for the use and operation of the Properties (as presently used and operated), including, without limitation, all certificates of occupancy necessary for the occupancy of such Properties, except where the failure to have such licenses, permits and certificates would not materially and adversely affect the value, use or operation of the Property affected thereby, (ii) the Properties or the current use thereof violates any governmental law, rule regulation or code (exclusive of any Environmental Laws, which are addressed in Section 4.2(i)) or any covenants or restrictions encumbering such Properties, except such violations which would not materially and adversely affect the value, use or operation of the Property affected thereby, or (iii) there is any pending or contemplated condemnation or other eminent domain proceeding affecting all or any part of the Properties. Except as disclosed in due diligence materials delivered to the Acquirer, the Owners have no knowledge that any structural, mechanical, electrical, plumbing, roofing or other major system of any Property are in need of material repair or replacement. To the Owners' knowledge, the tenants of the Properties, now have in force insurance policies relating to such Properties as required by the Leases. Except as disclosed in due diligence materials delivered to the Acquirer, no Owner has received any written notice from any insurance company or underwriter of any defect that would materially adversely affect the insurability of any of the Properties. With respect to any Property for which the current owner's title insurance policy does not contain an ALTA 3.1 zoning endorsement and for which the Sellers have not provided to the Acquirer a zoning opinion letter, each of such Properties is currently zoned with a classification that permits the ownership and operation of an automobile deal...
Sample 1
Permits, Legal Compliance, and Notice of Defects. To Seller’s knowledge, Seller has all licenses, permits and certificates necessary for the use and operation of the Property, including, without limitation, all certificates of occupancy necessary for the occupancy of the Property (but specifically excluding all licenses, permits and certificates to be obtained by the Tenant necessary for the use and operation of the Property by the Tenant), all of which are in full force and effect, and Seller has not taken or failed to take any action that would result in its revocation, and has not received any written notice of an intention to revoke any of them. Seller has received no written notice from any governmental authority or other person of any violation of zoning, building, fire, health, environmental, or other statutes, ordinances, regulations or orders (including those respecting the Americans with Disabilities Act), or any restriction, condition, covenant or consent in regard to the Property or any part thereof which have not been corrected to the satisfaction of the issuer.
Sample 1
Permits, Legal Compliance, and Notice of Defects. Neither Contributor nor SPE has received written notice from any governmental authority that SPE fails to have any licenses, permits or certificates necessary for the use and operation of the SPE Property, including, without limitation, certificates of occupancy necessary for the occupancy of the Stadium Gateway Improvements, and to Contributor's Knowledge the SPE does not fail to have any such licenses, permits or certificates. Neither Contributor nor SPE has received written notice from any governmental authority that the Real Property is not properly zoned for its present use or that the current use thereof violates any governmental law or regulation or any covenants or restrictions encumbering the Real Property, and to Contributor's Knowledge, there is no such violation. Neither Contributor nor SPE has received written notice from any insurance company or underwriter of any defects in the Real Property that would materially adversely affect the insurability of thereof or cause an increase in insurance premiums. Neither Contributor nor SPE has received any written notices of violations or alleged violations of any laws, rules, regulations or codes, including building codes, with respect to the Property from any governmental agency which have not been corrected to the satisfaction of the issuer of the notice.
Sample 1
Permits, Legal Compliance, and Notice of Defects. Tenant has obtained all licenses, permits and certificates necessary for the use and operation of the Premises, including, without limitation,
Sample 1
Permits, Legal Compliance, and Notice of Defects. Seller has all licenses, permits and certificates necessary for the use and operation of the Real Property and believes, to the best of its knowledge, that all tenants have any required certificates of occupancy necessary for the occupancy of their stores, all of which are in full force and effect, and Seller has not taken or failed to take any action that would result in their revocation, and has not received any written notice of an intention to revoke any of them. To Seller’s knowledge, neither the Real Property nor the use thereof violates any governmental law or regulation or any covenants or restrictions encumbering the Real Property. To Seller’s knowledge there are no material physical defects in the Improvements. Seller has not received any written notice from any insurance company or underwriter of any defects that would materially adversely affect the insurability of the Real Property or cause an increase in insurance premiums. Seller has received no written notice from any governmental authority or other person of, and has no knowledge of: (i) any violation of zoning, building, fire, health, environmental, or other statutes, ordinances, regulations or orders; (ii) any special tax or assessment to be levied against the Real Property; or (iii) any change in the tax assessment or zoning of the Real Property.
Sample 1
Permits, Legal Compliance, and Notice of Defects. To the best of Seller's knowledge, Seller has all licenses, permits and certificates necessary for the use and operation of the Subject Property and believes, to the best of its knowledge, that all tenants have their required certificates of occupancy necessary for the occupancy of their premises, all of which are in full force and effect, and Seller has not taken or failed to take any action that would result in their revocation, and has not received any written notice of an intention to revoke any of them. To the best of Seller's knowledge, neither the Subject Property nor the use thereof violates any governmental law or regulation or any covenants or restrictions encumbering the Subject Property. To the best of Seller's knowledge there are no material physical defects in the Improvements. Seller has not received any written notice from any insurance company or underwriter of any defects that would materially adversely affect the insurability of the Subject Property or cause an increase in insurance premiums. Seller has received no written notice from any governmental authority or other person of, and has no knowledge of: (i) any violation of zoning, building, fire, health, environmental, or other statutes, ordinances, regulations or orders; (ii) any special tax or assessment to be levied against the Subject Property; or (iii) any change in the tax assessment or zoning of the Subject Property.
Sample 1
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Related to Permits, Legal Compliance, and Notice of Defects

  • Legal Compliance Contractor represents and warrants that it shall secure all notices and comply with all applicable laws, ordinances, rules and regulations of any governmental entity in conjunction with the performance of obligations under the Contract. Prior to award and during the Contract term and any renewals thereof, Contractor must establish to the satisfaction of the Commissioner that it meets or exceeds all requirements of the Bid and Contract and any applicable laws, including but not limited to, permits, licensing, and shall provide such proof as required by the Commissioner. Failure to comply or failure to provide proof may constitute grounds for the Commissioner to terminate or suspend the Contract, in whole or in part, or to take any other action deemed necessary by the Commissioner. Contractor also agrees to disclose information and provide affirmations and certifications to comply with Sections 139-j and 139-k of the State Finance Law.

  • Notification of Breach / Compliance Reports The Adviser shall notify the Trust immediately upon detection of (i) any material failure to manage any Fund in accordance with its investment objectives and policies or any applicable law; or (ii) any material breach of any of the Funds’ or the Adviser’s policies, guidelines or procedures. In addition, the Adviser shall provide a quarterly report regarding each Fund’s compliance with its investment objectives and policies, applicable law, including, but not limited to the 1940 Act and Subchapter M of the Code, as applicable, and the Fund’s policies, guidelines or procedures as applicable to the Adviser’s obligations under this Agreement. The Adviser agrees to correct any such failure promptly and to take any action that the Board may reasonably request in connection with any such breach. Upon request, the Adviser shall also provide the officers of the Trust with supporting certifications in connection with such certifications of Fund financial statements and disclosure controls pursuant to the Xxxxxxxx-Xxxxx Act. The Adviser will promptly notify the Trust in the event (i) the Adviser is served or otherwise receives notice of any action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, public board, or body, involving the affairs of the Trust (excluding class action suits in which a Fund is a member of the plaintiff class by reason of the Fund’s ownership of shares in the defendant) or the compliance by the Adviser with the federal or state securities laws or (ii) an actual change in control of the Adviser resulting in an “assignment” (as defined in the 0000 Xxx) has occurred or is otherwise proposed to occur.

  • CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS 1. The Contractor certifies that it will provide a drug-free workplace by: a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the Contractor’s workplace and specifying the actions that will be taken against employees for violation of such prohibition;

  • Certification of Compliance San Diego Municipal Code section 22.4225 requires each Bidder to fill out and file a living wage certification with the Living Wage Program Manager within thirty (30) days of Award of the Contract.

  • Assessments of Compliance and Attestation Reports On and after January 1, 2006, the Master Servicer shall service and administer the related Mortgage Loans in accordance with all applicable requirements of the Servicing Criteria. The Master Servicer shall deliver to the Trustee and the Depositor on or before February 28 of each calendar year beginning in 2007, a report (an "Assessment of Compliance") reasonably satisfactory to the Trustee regarding the Master Servicer's assessment of compliance with the Servicing Criteria during the preceding calendar year as required by Rules 13a-18 and 15d-18 of the Exchange Act and Item 1122 of Regulation AB, which as of the date hereof, require a report by an authorized officer of the related Servicer that contains the following: (a) A statement by such officer of its responsibility for assessing compliance with the Servicing Criteria applicable to the Master Servicer; (b) A statement by such officer that such officer used the Servicing Criteria to assess compliance with the Servicing Criteria applicable to the Master Servicer; (c) An assessment by such officer of the Master Servicer's compliance with the applicable Servicing Criteria for the period consisting of the preceding calendar year, including disclosure of any material instance of noncompliance with respect thereto during such period, which assessment shall be based on the activities it performs with respect to asset-backed securities transactions taken as a whole involving the Master Servicer, that are backed by the same asset type as the Mortgage Loans; (d) A statement that a registered public accounting firm has issued an attestation report on the Master Servicer's Assessment of Compliance for the period consisting of the preceding calendar year; and (e) A statement as to which of the Servicing Criteria, if any, are not applicable to the Master Servicer, which statement shall be based on the activities it performs with respect to asset-backed securities transactions taken as a whole involving the Master Servicer, that are backed by the same asset type as the Mortgage Loans. Such report at a minimum shall address each of the Servicing Criteria specified on a certification substantially in the form of Exhibit CC hereto delivered to the Trustee and the Depositor concurrently with the execution of this Agreement. On or before February 28 of each calendar year beginning in 2007, the Master Servicer shall furnish to the Trustee and the Depositor a report (an "Attestation Report") by a registered public accounting firm that attests to, and reports on, the Assessment of Compliance made by the Master Servicer, as required by Rules 13a-18 and 15d-18 of the Exchange Act and Item 1122(b) of Regulation AB, which Attestation Report must be made in accordance with standards for attestation reports issued or adopted by the Public Company Accounting Oversight Board. The Master Servicer shall cause any subservicer, and each subcontractor determined by the Master Servicer to be "participating in the servicing function" within the meaning of Item 1122 of Regulation AB, to deliver to the Trustee and the Depositor an assessment of compliance and accountants' attestation. If the Master Servicer cannot deliver the related Assessment of Compliance or Attestation Report by February 28th of such year, the Trustee, at its sole option, may permit a cure period for the Master Servicer to deliver such Assessment of Compliance or Attestation Report, but in no event later than March 10th of such year. The Trustee shall also provide an Assessment of Compliance and Attestation Report, as and when provided above, which shall at a minimum address each of the Servicing Criteria specified on Exhibit N hereto which are indicated as applicable to the "trustee" or "securities administrator." In addition, the Trustee shall cause the Custodian to deliver to the Trustee and the Depositor an Assessment of Compliance and Attestation Report, as and when provided above, which shall at a minimum address each of the Servicing Criteria specified on Exhibit N hereto which are indicated as applicable to a "custodian." Notwithstanding the foregoing, as to any Custodian, an Assessment of Compliance is not required to be delivered unless it is required as part of a Form 10-K with respect to the Trust Fund. Failure of the Master Servicer to timely comply with this Section 3.20 shall be deemed an Event of Default, automatically, without notice and without any cure period, and the Trustee may, in addition to whatever rights the Trustee may have under this Agreement and at law or equity or to damages, including injunctive relief and specific performance, terminate all the rights and obligations of the Master Servicer under this Agreement and in and to the Mortgage Loans serviced by it and the proceeds thereof without compensating the Master Servicer for the same. This paragraph shall supercede any other provision in this Agreement or any other agreement to the contrary.

  • Notice of Non-Compliance If for any reason the Contractor does not comply, or anticipates that it will be unable to comply, with a provision in this Schedule in any respect, the Contractor must promptly notify the Province of the particulars of the non-compliance or anticipated non-compliance and what steps it proposes to take to address, or prevent recurrence of, the non-compliance or anticipated non-compliance.

  • Notice of Non-Compliant Work A Notice of Non-Compliant Work shall be in writing, shall be dated, shall be signed by the Design Professional, and shall be addressed to the Contractor with a copy to the Owner, as set forth in Section 3, Part 4 (Correcting the Work) and Section 6, Part 6 (Correcting the Work after Final Payment).

  • Environmental Compliance and Reports Borrower shall comply in all respects with any and all Environmental Laws; not cause or permit to exist, as a result of an intentional or unintentional action or omission on Borrower’s part or on the part of any third party, on property owned and/or occupied by Borrower, any environmental activity where damage may result to the environment, unless such environmental activity is pursuant to and in compliance with the conditions of a permit issued by the appropriate federal, state or local governmental authorities; shall furnish to Lender promptly and in any event within thirty (30) days after receipt thereof a copy of any notice, summons, lien, citation, directive, letter or other communication from any governmental agency or instrumentality concerning any intentional or unintentional action or omission on Borrower’s part in connection with any environmental activity whether or not there is damage to the environment and/or other natural resources. Additional Assurances. Make, execute and deliver to Lender such promissory notes, mortgages, deeds of trust, security agreements, assignments, financing statements, instruments, documents and other agreements as Lender or its attorneys may reasonably request to evidence and secure the Loans and to perfect all Security Interests.

  • Certification of Meeting or Exceeding Tobacco-Free Workplace Policy Minimum Standards A. Grantee certifies that it has adopted and enforces a Tobacco-Free Workplace Policy that meets or exceeds all of the following minimum standards of: i. Prohibiting the use of all forms of tobacco products, including but not limited to cigarettes, cigars, pipes, water pipes (hookah), bidis, kreteks, electronic cigarettes, smokeless tobacco, snuff and chewing tobacco; ii. Designating the property to which this Policy applies as a "designated area,” which must at least comprise all buildings and structures where activities funded under this Grant Agreement are taking place, as well as Grantee owned, leased, or controlled sidewalks, parking lots, walkways, and attached parking structures immediately adjacent to this designated area; iii. Applying to all employees and visitors in this designated area; and iv. Providing for or referring its employees to tobacco use cessation services. B. If Grantee cannot meet these minimum standards, it must obtain a waiver from the System Agency.

  • COMPLIANCE AND CERTIFICATION 25.1 Each Party shall comply at its own expense with all Applicable Laws that relate to that Party’s obligations to the other Party under this Agreement. Nothing in this Agreement shall be construed as requiring or permitting either Party to contravene any mandatory requirement of Applicable Law. 25.2 Each Party warrants that it has obtained all necessary state certification required in each state covered by this Agreement prior to ordering any Interconnection, Resale Services, Network Elements, functions, facilities, products and services from the other Party pursuant to this Agreement. Upon request, each Party shall provide proof of certification. 25.3 Each Party shall be responsible for obtaining and keeping in effect all approvals from, and rights granted by, Governmental Authorities, building and property owners, other carriers, and any other Third Parties that may be required in connection with the performance of its obligations under this Agreement. 25.4 Each Party represents and warrants that any equipment, facilities or services provided to the other Party under this Agreement comply with the CALEA.

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