Common use of Premises, Term and Warranty Clause in Contracts

Premises, Term and Warranty. The Lessor does hereby lease, demise and let to Lessee all of the Lessor’s right, title and interests in and to the Leased Premises. TO HAVE AND TO HOLD the Leased Premises with all rights, privileges, easements and appurtenances thereunto belonging, unto the Lessee, beginning on the date of issuance of the Bonds and ending on the day prior to a date not later than twenty (20) years after the date of issuance of the Bonds. However, the term of this Lease will terminate at the earlier of (a) the exercise by the Lessee of the option to purchase the Leased Premises pursuant to Section 11 and the payment of the option price, or (b) the payment or defeasance of all bonds issued (i) to finance the cost of the Leased Premises, (ii) to refund all or a portion of such bonds, (iii) to refund all or a portion of such refunding bonds, or (iv) to improve the Leased Premises; provided that no bonds or other obligations of the Lessor issued to finance the Leased Premises remain outstanding at the time of such payment or defeasance. The Lessor hereby represents that it is possessed of, or will acquire, the Leased Premises and the Lessor warrants and will defend the Leased Premises against all claims whatsoever not suffered or caused by the acts or omissions of the Lessee or its assigns. Notwithstanding the foregoing, the Leased Premises may be amended to add additional property to the Leased Premises or remove any portion of the Leased Premises, provided however, following such amendment, the rental payable under this Lease shall be based on the value of the portion of the Leased Premises which is available for use, and the rental payments due under this Lease shall be in amounts sufficient to pay when due all principal of and interest on all outstanding Bonds. In the event that all or a portion of the Leased Premises shall be unavailable for use by the Lessee, subject to the completion of any process required by law, the Lessor and the Lessee shall amend the Lease to add to and/or replace a portion of the Leased Premises to the extent necessary to provide for available Leased Premises with a value supporting rental payments under the Lease sufficient to pay when due all principal of and interest on outstanding Bonds.

Appears in 6 contracts

Samples: Lease Agreement, Lease Agreement, Lease Agreement

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Premises, Term and Warranty. The Lessor does hereby lease, demise and let to Lessee all of the Lessor’s right, title and interests in and to the Leased Premises. TO HAVE AND TO HOLD the Leased Premises with all rights, privileges, easements and appurtenances thereunto belonging, unto the Lessee, beginning on the date of issuance of the Bonds and ending on the day prior to a date not later than twenty twenty-five (2025) years after the date of issuance of the Bonds. However, the term of this Lease will terminate at the earlier of (a) the exercise by the Lessee of the option to purchase the Leased Premises pursuant to Section 11 10 and the payment of the option price, or (b) the payment or defeasance of all bonds issued (i) to finance the cost of the Leased Premises, (ii) to refund all or a portion of such bonds, (iii) to refund all or a portion of such refunding bonds, or (iv) to improve the Leased Premises; provided that no bonds or other obligations of the Lessor issued to finance the Leased Premises remain outstanding at the time of such payment or defeasance. The Lessor hereby represents that it is possessed of, or will acquire, the Leased Premises and the Lessor warrants and will defend the Leased Premises against all claims whatsoever not suffered or caused by the acts or omissions of the Lessee or its assigns. Notwithstanding the foregoing, the Leased Premises may be amended to add additional property to the Leased Premises or remove any portion of the Leased Premises, provided however, following such amendment, the rental rentals payable under this Lease shall be based on the value of the portion of the Leased Premises which is available for use, and the rental payments due under this Lease shall be in amounts sufficient to pay when due all principal of and interest on all outstanding Bonds. In the event that all or a portion of the Leased Premises shall be unavailable for use by the Lessee, subject to the completion of any process required by law, the Lessor and the Lessee shall amend the this Lease to add to and/or replace a portion of the Leased Premises to the extent necessary to provide for available Leased Premises with a value supporting rental payments under the this Lease sufficient to pay when due all principal of and interest on outstanding Bonds.

Appears in 3 contracts

Samples: Lease, Lease, Lease

Premises, Term and Warranty. The Lessor does hereby lease, demise and let to the Lessee all certain real estate in the City of Westfield, Indiana, described in Exhibit A attached hereto and made a part hereof, commonly known as 00000 Xxxxx Xxxx in the City of Westfield, Indiana (the “Real Estate”), and constructing, installing and equipping a new City Fire Station #81 and Fire Department Administration Building to be located on the Real Estate and related improvements, by the Lessor according to plans and specifications prepared for the Lessor and the Lessee (the “Plans and Specifications”) (such construction of the Lessor’s rightFire Station and the Fire Department Administration Building, title the “New Improvements”), (the Real Estate and interests in the New Improvements, and appurtenances thereto, collectively, the “Premises”), to have and to hold the Leased Premises. TO HAVE AND TO HOLD the Leased Premises same, with all rights, privileges, easements and appurtenances thereunto belonging, unto the Lessee, beginning on the date of issuance of the Bonds Lessor acquires the Real Estate, and ending on the day prior to a date not later more than twenty twenty-two (2022) years after thereafter. Notwithstanding the date of issuance of the Bonds. Howeverforegoing, the term of this Lease will terminate at the earlier of (ax) the exercise by the Lessee of the option to purchase the Leased Premises pursuant to Section 11 and the payment of the option price, or (by) the payment or defeasance of all bonds issued (i) to finance the cost of the Leased Premises, (ii) to refund all or a portion of such bondssuch, (iii) to refund all or a portion of such refunding bonds, or (iv) to improve the Leased Premises; provided that no bonds or other obligations of . The date the Lessor issued to finance the Leased Premises remain outstanding New Improvements are complete and ready for occupancy shall be endorsed on this Lease at the time end hereof in the form of Exhibit C attached hereto by the parties hereto as soon as the same can be done after such payment or defeasancedate and such endorsement shall be recorded as an addendum to this Lease. The Lessor hereby represents that it is possessed of, or will acquire, a good and indefeasible estate in fee simple to the Leased Premises Premises, and the Lessor warrants and will defend the Leased Premises same against all claims whatsoever not suffered or caused by the acts or omissions of the Lessee or its assigns. Notwithstanding The Lessor agrees to require the foregoing, contractor for the Leased Premises New Improvements to furnish to the Lessor a bond conditioned upon the final completion of the New Improvements within a time period required by the Lessor in the contract. The Plans and Specifications may be amended to add changed, additional property to construction work may be performed and additional equipment may be purchased by the Leased Lessor, but only with the approval of the Lessee, and only if such changes, additional construction work or additional equipment do not alter the character of the Premises or remove any portion reduce the value thereof. Any such additional construction work or additional equipment shall be part of the Leased Premises, provided however, following such amendment, the rental payable under property covered by this Lease shall be based on the value of the portion of the Leased Premises which is available for use, Lease. The Plans and the rental payments due under this Lease shall be in amounts sufficient to pay when due all principal of Specifications have been filed with and interest on all outstanding Bonds. In the event that all or a portion of the Leased Premises shall be unavailable for use approved by the Lessee, subject to the completion of any process required by law, the Lessor and the Lessee shall amend the Lease to add to and/or replace a portion of the Leased Premises to the extent necessary to provide for available Leased Premises with a value supporting rental payments under the Lease sufficient to pay when due all principal of and interest on outstanding Bonds.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Premises, Term and Warranty. (a) The Lessor does hereby lease, demise and let to the Lessee all of certain real estate in the Lessor’s rightCity, title described on Exhibit A attached hereto and interests in made a part hereof (the “Real Estate”), including the Garage and other improvements to be constructed thereon (the “Improvements”) (the Improvements and the Real Estate, collectively, the “Garage Leased Premises”) to have and to hold the Leased Premises. TO HAVE AND TO HOLD the Leased Premises same, with all rights, privileges, easements and appurtenances thereunto belonging, unto the Lessee, belonging for a term: (i) beginning on the date of issuance of the Bonds are issued by the City; and (ii) ending on the day prior to a date not later than that is twenty (20) years after the date of issuance of the BondsBonds are issued (the "Lease Term"). However, the term of this Garage Lease will terminate at the earlier of (a) the exercise by the Lessee of the option to purchase the Garage Leased Premises pursuant to Section 11 and the payment of the option price, or (b) the payment or defeasance of all bonds 2024D Bonds issued (i) to finance the cost of the Garage Leased Premises, (ii) to refund all or a portion of such bonds2024D Bonds, (iii) to refund all or a portion of such refunding bonds2024D Bonds, or (iv) to improve the Garage Leased Premises; provided that no bonds 2024D Bonds or other obligations of the Lessor issued to finance the Garage Leased Premises remain outstanding at the time of such payment or defeasance. The Lessor hereby represents that it is possessed of, or will acquire, the Garage Leased Premises and the Lessor warrants and will defend the Garage Leased Premises against all claims whatsoever not suffered or caused by the acts or omissions of the Lessee or its assigns. Notwithstanding the foregoing, the Leased Premises may be amended to add additional property to the Leased Premises or remove any portion of the Leased Premises, provided however, following such amendment, the rental payable under this Lease shall be based on the value of the portion of the Leased Premises which is available for use, and the rental payments due under this Lease shall be in amounts sufficient to pay when due all principal of and interest on all outstanding Bonds. In the event that all or a portion of the Leased Premises shall be unavailable for use by the Lessee, subject to the completion of any process required by law, the Lessor and the Lessee shall amend the Lease to add to and/or replace a portion of the Leased Premises to the extent necessary to provide for available Leased Premises with a value supporting rental payments under the Lease sufficient to pay when due all principal of and interest on outstanding Bonds.

Appears in 2 contracts

Samples: Garage Lease, Garage Lease

Premises, Term and Warranty. The Lessor does hereby lease, demise and let to Lessee all of the Lessor’s 's right, title and interests in and to the Leased Premises. TO HAVE AND TO HOLD the Leased Premises with all rights, privileges, easements and appurtenances thereunto belonging, unto the Lessee, beginning on the date of issuance the Lessor acquires an interest in any of the Bonds Leased Premises and ending on the day prior to a date not later than twenty twenty-five (2025) years after the such date of issuance of acquisition by the BondsLessor. HoweverNotwithstanding the foregoing, the term of this Lease will terminate at the earlier of (a) the exercise by the Lessee of the option to purchase all of the Leased Premises pursuant to Section 11 hereof and the payment of the option price, or (b) the payment or defeasance of all bonds obligations issued (i) to finance by the cost of the Leased Premises, (ii) to refund all Lessor and secured by this Lease or a any portion of such bonds, (iii) to refund all or a portion of such refunding bonds, or (iv) to improve the Leased Premisesthereof; provided that no bonds or other obligations of the Lessor issued to finance the Leased Premises remain outstanding at the time of such payment or defeasance. The Lessor hereby represents that it is possessed of, or will acquire, the Leased Premises and the Lessor warrants and will defend the Leased Premises against all claims whatsoever not suffered or caused by the acts or omissions of the Lessee or its assigns. Notwithstanding the foregoing, the Leased Premises may be amended to add additional property to the Leased Premises or remove any portion of the Leased Premises, provided however, following such amendment, the rental payable under this Lease shall be based on the value of the portion of the Leased Premises which is available for use, and the rental payments due under this Lease shall be in amounts sufficient to pay when due all principal of and interest on all outstanding Bonds. In the event that all or a portion of the Leased Premises shall be unavailable for use by the Lessee, subject to the completion of any process required by law, the Lessor and the Lessee shall amend the Lease to add to and/or replace a portion of the Leased Premises to the extent necessary to provide for available Leased Premises with a value supporting rental payments under the Lease sufficient to pay when due all principal of and interest on outstanding Bonds.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Premises, Term and Warranty. The Lessor does hereby lease, demise and let to Lessee all of the Lessor’s right, title and interests in and to the Leased Premises. TO HAVE AND TO HOLD the Leased Premises with all rights, privileges, easements and appurtenances thereunto belonging, unto the Lessee, beginning on the date of issuance of the Bonds and ending on the day prior to a date not later than twenty twenty-five (2025) years after the date of issuance of the Bonds. However, the term of this Lease will terminate at the earlier of (a) the exercise by the Lessee of the option to purchase the Leased Premises pursuant to Section 11 and the payment of the option price, or (b) the payment or defeasance of all bonds issued (i) to finance the cost of the Leased Premises, (ii) to refund all or a portion of such bonds, (iii) to refund all or a portion of such refunding bonds, or (iv) to improve the Leased Premises; provided that no bonds or other obligations of the Lessor issued to finance the Leased Premises remain outstanding at the time of such payment or defeasance. The Lessor hereby represents that it is possessed of, or will acquire, the Leased Premises and the Lessor warrants and will defend the Leased Premises against all claims whatsoever not suffered or caused by the acts or omissions of the Lessee or its assigns. Notwithstanding the foregoing, the Leased Premises may be amended to add additional property to the Leased Premises or remove any portion of the Leased Premises, provided however, following such amendment, the rental payable under this Lease shall be based on the value of the portion of the Leased Premises which is available for use, and the rental payments due under this Lease shall be in amounts sufficient to pay when due all principal of and interest on all outstanding Bonds. In the event that all or a portion of the Leased Premises shall be unavailable for use by the Commission, subject to the completion of any process required by law, the Authority and the Commission shall amend the Lease to add to and/or replace a portion of the Leased Premises to the extent necessary to provide for available Leased Premises with a value supporting rental payments under the Lease sufficient to pay when due all principal of and interest on outstanding Bonds. In the event that all or a portion of the Leased Premises shall be unavailable for use by the Lessee, subject to the completion of any process required by law, the Lessor and the Lessee shall amend the Lease to add to and/or replace a portion of the Leased Premises to the extent necessary to provide for available Leased Premises with a value supporting rental payments under the Lease sufficient to pay when due all principal of and interest on outstanding Bonds.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Premises, Term and Warranty. The Lessor does hereby lease, demise and let to Lessee all of the Lessor’s right, title and interests in and to the Leased Premises. TO HAVE AND TO HOLD the Leased Premises with all rights, privileges, easements and appurtenances thereunto belonging, unto the Lessee, beginning on the date of issuance of the Bonds and ending on the day prior to a date not later than twenty twenty-four (2024) years after the date of issuance of the Bonds. However, the term of this Lease will terminate at the earlier of (a) the exercise by the Lessee of the option to purchase the Leased Premises pursuant to Section 11 and the payment of the option price, or (b) the payment or defeasance of all bonds issued (i) to finance the cost of the Leased Premises, (ii) to refund all or a portion of such bonds, (iii) to refund all or a portion of such refunding bonds, or (iv) to improve the Leased Premises; provided that no bonds or other obligations of the Lessor issued to finance the Leased Premises remain outstanding at the time of such payment or defeasance. The Lessor hereby represents that it is possessed of, or will acquire, the Leased Premises and the Lessor warrants and will defend the Leased Premises against all claims whatsoever not suffered or caused by the acts or omissions of the Lessee or its assigns. Notwithstanding the foregoing, the Leased Premises may be amended to add additional property to the Leased Premises or remove any portion of the Leased Premises, provided however, following such amendment, the rental payable under this Lease shall be based on the value of the portion of the Leased Premises which is available for use, and the rental payments due under this Lease shall be in amounts sufficient to pay when due all principal of and interest on all outstanding Bonds. In the event that all or a portion of the Leased Premises shall be unavailable for use by the Commission, subject to the completion of any process required by law, the Authority and the Commission shall amend the Lease to add to and/or replace a portion of the Leased Premises to the extent necessary to provide for available Leased Premises with a value supporting rental payments under the Lease sufficient to pay when due all principal of and interest on outstanding Bonds. In the event that all or a portion of the Leased Premises shall be unavailable for use by the Lessee, subject to the completion of any process required by law, the Lessor and the Lessee shall amend the Lease to add to and/or replace a portion of the Leased Premises to the extent necessary to provide for available Leased Premises with a value supporting rental payments under the Lease sufficient to pay when due all principal of and interest on outstanding Bonds.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Premises, Term and Warranty. The Lessor does hereby lease, demise and let to Lessee all of the Lessor’s right, title and interests in and to the Leased Premises. TO HAVE AND TO HOLD the Leased Premises with all rights, privileges, easements and appurtenances thereunto belonging, unto the Lessee, beginning on the date of issuance of on which the Bonds Lessee begins to make lease rental payments hereunder and ending on the day prior to a date not later more than twenty Twenty-Six (2026) years after the date of issuance of the Bondsthereafter. However, the term of this Lease will terminate at the earlier of (a) the exercise by the Lessee of the option to purchase the Leased Premises pursuant to Section 11 12 and the payment of the option price, or (b) the payment or defeasance of all bonds obligations issued (i) to finance by the cost of City or the Leased Premises, (ii) to refund all Lessor secured by this Lease or a any portion of such bonds, (iii) to refund all or a portion of such refunding bonds, or (iv) to improve the Leased Premisesthereof; provided that no bonds or other obligations of the City of the Lessor issued to finance or refinance the Leased Premises remain outstanding at the time of such payment or defeasance. The Lessor hereby represents that it is possessed of, or will acquire, a leasehold and/or fee simple estate in the Leased Premises and the Lessor warrants and will defend the Leased Premises against all claims whatsoever not suffered or caused by the acts or omissions of the Lessee or its assigns. Notwithstanding the foregoing, the Leased Premises may be amended to add additional property to the Leased Premises or remove any portion of the Leased Premises, provided however, following such amendment, the rental payable under this Lease shall be based on the value of the portion of the Leased Premises which is available for use, and the rental payments due under this Lease shall be in amounts sufficient to pay when due all principal of and interest on all outstanding Bonds. In the event that all or a portion of the Leased Premises shall be unavailable for use by the Lessee, subject to the completion of any process required by law, the Lessor and the Lessee shall amend the Lease to add to and/or replace a portion of the Leased Premises to the extent necessary to provide for available Leased Premises with a value supporting rental payments under the Lease sufficient to pay when due all principal of and interest on outstanding Bonds.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Premises, Term and Warranty. (a) (i) The Lessor does hereby lease, demise and let to the Lessee (A) certain real estate in Hamilton County, Indiana, described in Exhibit A attached hereto and made a part hereof (the “Real Estate”) and all of the Lessor’s rightfacilities currently located thereon including the existing Cherry Tree Elementary School and its related outdoor facilities (the “Existing Facility”), title and interests the renovations and improvements thereto by the Lessor according to plans and specifications (the “Plans and Specifications”) prepared for the Lessor and the Lessee by an architect to be selected by the Lessee (such improvements and renovations to the Existing Facility, the “Improvements”) (the Real Estate, Existing Facility and the Improvements, collectively, the “Premises”), which Premises, as supplemented and amended from time to time, will be identified in an Addendum to this Lease at the time each series of Bonds (as hereinafter defined) are issued by the Lessor to acquire all or any portion of the Premises, to have and to hold the Leased Premises. TO HAVE AND TO HOLD the Leased Premises same, with all rights, privileges, easements and appurtenances thereunto belonging, unto the Lesseefor a term of seventeen (17) years, beginning on the date of issuance all or any portion of the Bonds Premises are acquired by the Lessor from the Lessee, and ending on the day prior to a such date not later than twenty seventeen (2017) years after the date of issuance of the Bonds. However, the term of this Lease will terminate at the earlier of (a) the exercise by the Lessee of the option to purchase the Leased Premises pursuant to Section 11 and the payment of the option price, or (b) the payment or defeasance of all bonds issued (i) to finance the cost of the Leased Premises, (ii) to refund all or a portion of such bonds, (iii) to refund all or a portion of such refunding bonds, or (iv) to improve the Leased Premises; provided that no bonds or other obligations of the Lessor issued to finance the Leased Premises remain outstanding at the time of such payment or defeasance. The Lessor hereby represents that it is possessed of, or will acquire, the Leased Premises and the Lessor warrants and will defend the Leased Premises against all claims whatsoever not suffered or caused by the acts or omissions of the Lessee or its assignsthereafter. Notwithstanding the foregoing, upon the Leased Premises sale of the Bonds, Exhibit A may be amended to add additional property to the Leased Premises or remove any a portion of the Leased PremisesPremises from being subject to this Lease if, provided however, following such amendmentprior to or at the time the Lessor issues the Bonds, the rental payable under this Lease shall be based on the value of the Lessee determines that such portion of the Leased Premises which is available for useno longer needs to be part of the Premises in order to pay the rental set forth in Section 2 hereof. The Premises, including the real estate, as revised and reduced, shall be endorsed on this Lease at the end hereof in the form attached as Exhibit B by the parties hereto as soon as the same can be done after the sale of said Bonds, and the rental payments due under this Lease such endorsement shall be in amounts sufficient recorded as an addendum to pay when due all principal of and interest on all outstanding Bondsthis Lease. In the event that all or the Lessee determines to remove a portion of the Leased Premises shall from being subject to this Lease as set forth in this paragraph, the rental payments established in Section 2 hereof may be unavailable for use reduced by a percentage equal to the Lessee, percentage that the Premises removed from being subject to the completion of any process required by law, the Lessor and the Lessee shall amend the Lease to add to and/or replace a portion of the Leased Premises bear to the extent necessary to provide for available Leased Premises with a value supporting rental payments under the Lease sufficient to pay when due all principal of and interest on outstanding Bondsentire Premises.

Appears in 1 contract

Samples: Lease

Premises, Term and Warranty. The Lessor does hereby lease, demise and let to Lessee all of the Lessor’s right, right title and interests in and to certain real estate in the Town of Brownsburg, Indiana, more particularly described in Exhibit A (the “Leased Premises”). The Project, more particularly described in Exhibit B, has been acquired, constructed and installed by the Town. TO HAVE AND TO HOLD the Leased Premises with all rights, rights privileges, easements and appurtenances thereunto belonging, unto the Lessee, beginning on the date of issuance of the Bonds hereof and ending on the day prior to a date not later more than twenty nineteen (2019) years after the date of issuance of the Bondsthereafter (“Lease Term”). However, the term of this Lease will terminate at the earlier of of: (a) the exercise by the Lessee of the option to purchase the Leased Premises pursuant to Section 11 and the payment of the option price, ; or (b) the payment or defeasance of all bonds Bonds issued (i) to finance the cost of the Leased Premises, (ii) to refund all or a portion of such bondsthe Bonds, (iii) to refund all or a portion of such refunding bonds, or (iv) to improve the Leased Premises; provided that no bonds or other obligations of the Lessor issued to finance or refinance the Leased Premises remain outstanding at the time of such payment or defeasance. The Lessor hereby represents and warrants that it is possessed of, or will acquire, legal right to the Leased Premises and the Lessor warrants and will defend the Leased Premises against all claims whatsoever not suffered or caused by the acts or omissions of the Lessee or its assigns. Notwithstanding the foregoing, the Leased Premises may be amended to add additional property to the Leased Premises or remove any portion of the Leased Premises, provided however, following such amendment, the rental payable under this Lease shall be based on the value of the portion of the Leased Premises which is available for use, and the rental payments due under this Lease shall be in amounts sufficient to pay when due all principal of and interest on all outstanding Bonds. In the event that all or a portion of the Leased Premises shall be unavailable for use by the Lessee, subject to the completion of any process required by law, the Lessor and the Lessee shall amend the Lease to add to and/or replace a portion of the Leased Premises to the extent necessary to provide for available Leased Premises with a value supporting rental payments under the Lease sufficient to pay when due all principal of and interest on outstanding Bonds.

Appears in 1 contract

Samples: Lease Agreement

Premises, Term and Warranty. The Lessor does hereby lease, demise and let to Lessee all of the Lessor’s right, title and interests in and to the Leased Premises. TO HAVE AND TO HOLD the Leased Premises with all rights, privileges, easements and appurtenances thereunto belonging, unto the Lessee, beginning on the date of issuance of the Bonds and ending on the day prior to a date not later than twenty twenty-five (2025) years after the date of issuance of the Bonds. However, the term of this Lease will terminate at the earlier of (a) the exercise by the Lessee of the option to purchase the Leased Premises pursuant to Section 11 10 and the payment of the option price, or (b) the payment or defeasance of all bonds issued (i) to finance the cost of the Leased Premises, (ii) to refund all or a portion of such bonds, (iii) to refund all or a portion of such refunding bonds, or (iv) to improve the Leased Premises; provided that no bonds or other obligations of the Lessor issued to finance the Leased Premises remain outstanding at the time of such payment or defeasance. The Lessor hereby represents that it is possessed of, or will acquire, the Leased Premises and the Lessor warrants and will defend the Leased Premises against all claims whatsoever not suffered or caused by the acts or omissions of the Lessee or its assigns. Notwithstanding the foregoing, the Leased Premises may be amended to add additional property to the Leased Premises or remove any portion of the Leased Premises, provided however, following such amendment, the rental rentals payable under this Lease shall be based on the value of the portion of the Leased Premises which is available for use, and the rental payments due under this Lease Lease, together with rental payments due under the Garage Lease, shall be in amounts sufficient to pay when due all principal of and interest on all outstanding Bonds. In the event that all or a portion of the Leased Premises shall be unavailable for use by the Lessee, subject to the completion of any process required by law, the Lessor and the Lessee shall amend the this Lease to add to and/or replace a portion of the Leased Premises to the extent necessary to provide for available Leased Premises with a value supporting rental payments under this Lease, together with rental payments due under the Lease Garage Lease, sufficient to pay when due all principal of and interest on outstanding Bonds.

Appears in 1 contract

Samples: Lease

Premises, Term and Warranty. The Lessor does hereby lease, demise and let to Lessee all of the Lessor’s right, title and interests in and to the Leased Premises. TO HAVE AND TO HOLD the Leased Premises with all rights, privileges, easements and appurtenances thereunto belonging, unto the Lessee, beginning on the date of issuance of on which the Bonds Lessee begin to make lease rental payments hereunder and ending on the day prior to a date not later more than twenty twenty-five (2025) years after the date of issuance of the Bondsthereafter. However, the term of this Sub-Lease will terminate at the earlier of (a) the exercise by the Lessee Redevelopment Commission of the option to purchase the Leased Premises pursuant to Section 11 15 and the payment of the option price, or (b) the payment or defeasance of all bonds issued (i) to finance the cost of the Leased Premises, (ii) to refund all or a portion of such bonds, (iii) to refund all or a portion of such refunding bonds, or (iv) to improve the Leased Premises; provided that no bonds or other obligations of the Lessor City issued to finance the Leased Premises remain outstanding at the time of such payment or defeasance. The Lessor hereby represents that it is possessed of, or will acquire, the Leasehold Estate in the Leased Premises and the Lessor warrants and will defend the Leased Premises against all claims whatsoever not suffered or caused by the acts or omissions of the Lessee or its their assigns. Notwithstanding the foregoing, the Leased Premises may be amended to add additional property to the Leased Premises or remove any portion of the Leased Premises, provided however, following such amendment, the rental payable under this Sub-Lease shall be based on the value of the portion of the Leased Premises which is available for use, and the rental payments due under this Sub-Lease shall be in amounts sufficient to pay when due all principal of and interest on all outstanding Bonds. In the event that all or a portion of the Leased Premises shall be unavailable for use by the Lessee, subject to the completion of any process required by law, the Lessor and the Lessee shall amend the Lease to add to and/or replace a portion of the Leased Premises to the extent necessary to provide for available Leased Premises with a value supporting rental payments under the Lease sufficient to pay when due all principal of and interest on outstanding Bonds.

Appears in 1 contract

Samples: Sub Lease Agreement

Premises, Term and Warranty. The Lessor does hereby lease, demise demise, and let to the Lessee all of (i) certain real estate in Pulaski County, Indiana, described in Exhibit A attached hereto and made a part hereof (the Lessor’s right“Real Estate”), title and interests in (ii) the, to be renovated, existing Pulaski County, Indiana courthouse located at 000 Xxxx Xxxx Xxxxxx, Xxxxxxx, Indiana and related improvements and projects to be constructed on the Real Estate (the “Improvements”) according to plans and specifications prepared for the Lessor and the Lessee (the “Plans and Specifications”) (the Real Estate, the Improvements, and appurtenances thereto, collectively, the “Premises”), to have and to hold the Leased Premises. TO HAVE AND TO HOLD the Leased Premises same, with all rights, privileges, easements easements, and appurtenances thereunto belonging, unto the Lessee, beginning on the date of issuance of the Bonds (as hereinafter defined in Section 2 of this Lease) are issued by the Lessor and ending on the day prior to a date not later more than twenty (20) years after thereafter. Notwithstanding the date of issuance foregoing, the Premises may be amended to add additional property to the Premises or remove any portion of the Premises, provided however, following such amendment, the rentals payable under this Lease shall be based on the value of the portion of the Premises which is available for use and shall be fair and reasonable, and the rental payments due under this Lease shall be in amounts sufficient to pay when due all principal of and interest on all outstanding Bonds. HoweverNotwithstanding the foregoing, the term of this Lease will terminate at the earlier of (a) the exercise by the Lessee of the option to purchase the Leased Premises pursuant to Section 11 and the payment of the option price, or (b) the payment or defeasance of all bonds issued (i) to finance the cost of the Leased Premises, (ii) to refund all or a portion of such bonds, (iii) to refund all or a portion of such refunding bonds, or (iv) to improve the Leased Premises; provided that no bonds or other obligations of . The date the Lessor issued to finance the Leased Premises remain outstanding Improvements are complete and ready for occupancy shall be endorsed on this Lease at the time end hereof in the form of Exhibit C attached hereto by the parties hereto as soon as the same can be done after such payment or defeasancedate and such endorsement shall be recorded as an addendum to this Lease. The Lessor hereby represents that it is possessed of, or will acquire, a good and indefeasible estate in fee simple to the Leased Premises Premises, and the Lessor warrants and will defend the Leased Premises same against all claims whatsoever not suffered or caused by the acts or omissions of the Lessee or its assigns. Notwithstanding The Lessor agrees to require the foregoing, contractor for the Leased Premises Improvements to furnish to the Lessor a bond conditioned upon the final completion of the Improvements within a time period required by the Lessor in the contract. The Plans and Specifications may be amended to add changed, additional property to construction or renovation work may be performed, and additional equipment may be purchased by the Leased Lessor, but only with the approval of the Lessee, and only if such changes, additional construction or renovation work, or additional equipment do not alter the character of the Premises or remove any portion reduce the value thereof. Any such additional construction or renovation work or additional equipment shall be part of the Leased Premises, provided however, following such amendment, the rental payable under property covered by this Lease shall be based on the value of the portion of the Leased Premises which is available for use, Lease. The Plans and the rental payments due under this Lease shall be in amounts sufficient to pay when due all principal of Specifications have been filed with and interest on all outstanding Bonds. In the event that all or a portion of the Leased Premises shall be unavailable for use approved by the Lessee, subject to the completion of any process required by law, the Lessor and the Lessee shall amend the Lease to add to and/or replace a portion of the Leased Premises to the extent necessary to provide for available Leased Premises with a value supporting rental payments under the Lease sufficient to pay when due all principal of and interest on outstanding Bonds.

Appears in 1 contract

Samples: Lease

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Premises, Term and Warranty. The Lessor does hereby lease, demise and let to Lessee all of the Lessor’s right, title and interests in and to the Leased Premises. TO HAVE AND TO HOLD the Leased Premises with all rights, privileges, easements and appurtenances thereunto belonging, unto the Lessee, beginning on the date of issuance of the Bonds and ending on the day prior to a date not later than twenty (20( ) years after the date of issuance of the Bonds. However, the term of this Lease will terminate at the earlier of (a) the exercise by the Lessee of the option to purchase the Leased Premises pursuant to Section 11 and the payment of the option price, or (b) the payment or defeasance of all bonds issued (i) to finance the cost of the Leased Premises, (ii) to refund all or a portion of such bonds, (iii) to refund all or a portion of such refunding bonds, or (iv) to improve the Leased Premises; provided that no bonds or other obligations of the Lessor issued to finance the Leased Premises remain outstanding at the time of such payment or defeasance. The Lessor hereby represents that it is possessed of, or will acquire, the Leased Premises and the Lessor warrants and will defend the Leased Premises against all claims whatsoever not suffered or caused by the acts or omissions of the Lessee or its assigns. Notwithstanding the foregoing, the Leased Premises may be amended to add additional property to the Leased Premises or remove any portion of the Leased Premises, provided however, following such amendment, the rental payable under this Lease shall be based on the value of the portion of the Leased Premises which is available for use, and the rental payments due under this Lease shall be in amounts sufficient to pay when due all principal of and interest on all outstanding Bonds. In the event that all or a portion of the Leased Premises shall be unavailable for use by the Commission, subject to the completion of any process required by law, the Authority and the Commission shall amend the Lease to add to and/or replace a portion of the Leased Premises to the extent necessary to provide for available Leased Premises with a value supporting rental payments under the Lease sufficient to pay when due all principal of and interest on outstanding Bonds. In the event that all or a portion of the Leased Premises shall be unavailable for use by the Lessee, subject to the completion of any process required by law, the Lessor and the Lessee shall amend the Lease to add to and/or replace a portion of the Leased Premises to the extent necessary to provide for available Leased Premises with a value supporting rental payments under the Lease sufficient to pay when due all principal of and interest on outstanding Bonds.

Appears in 1 contract

Samples: Lease Agreement

Premises, Term and Warranty. The Lessor does hereby lease, demise and let to Lessee all of the Lessor’s right, title and interests in and to the Leased Premises. TO HAVE AND TO HOLD the Leased Premises with all rights, privileges, easements and appurtenances thereunto belonging, unto the Lessee, beginning on the date of issuance of on which the Bonds Lessee begin to make lease rental payments hereunder and ending on the day prior to a date not later more than twenty twenty-five (2025) years after the date of issuance of the Bondsthereafter. However, the term of this Sub-Lease will terminate at the earlier of (a) the exercise by the Lessee Redevelopment Commission of the option to purchase the Leased Premises pursuant to Section 11 15 and the payment of the option price, or (b) the payment or defeasance of all bonds issued (i) to finance the cost of the Leased Premises, (ii) to refund all or a portion of such bonds, (iii) to refund all or a portion of such refunding bonds, or (iv) to improve the Leased Premises; provided that no bonds or other obligations of the Lessor City issued to finance the Leased Premises remain outstanding at the time of such payment or defeasance. The Lessor hereby represents that it is possessed of, or will acquire, the Leasehold Estate in the Leased Premises and the Lessor warrants and will defend the Leased Premises against all claims whatsoever not suffered or caused by the acts or omissions of the Lessee or its their assigns. Notwithstanding the foregoing, the Leased Premises may be amended to add additional property to the Leased Premises or remove any portion of the Leased Premises, provided however, following such amendment, the rental payable under this Sub-Lease shall be based on the value of the portion of the Leased Premises which is available for use, and the rental payments due under this Sub-Lease shall be in amounts sufficient to pay when due all principal of and interest on all outstanding Bonds. In the event that all or a portion of the Leased Premises shall be unavailable for use by the Lessee, subject to the completion of any process required by law, the Lessor and the Lessee shall amend the this Sub-Lease to add to and/or replace a portion of the Leased Premises to the extent necessary to provide for available Leased Premises with a value supporting rental payments under the this Sub-Lease sufficient to pay when due all principal of and interest on outstanding Bonds.

Appears in 1 contract

Samples: Sub Lease Agreement

Premises, Term and Warranty. The Lessor does hereby lease, demise and let to Lessee all the real estate in Xxxxx County, Indiana, more particularly described in Exhibit A attached hereto and made a part hereof, and the Xxxxxxx Career Education Center thereon by Lessor according to plans and specifications prepared for the renovation of the Lessor’s right, title and interests in and to Xxxxxxx Career Education Center (hereinafter called the "Leased Premises"). The above mentioned plans and specifications may be changed, additional construction work may be performed and equipment may be acquired by Lessor, but only with the approval of Lessee, and only if such changes or modifications or additional construction work or equipment do not alter the character of the buildings or reduce the value thereof. Any such additional construction work or equipment shall be part of the property covered by this Lease. The above mentioned plans and specifications have been filed with and approved by Lessee. TO HAVE AND TO HOLD the Leased Premises with all rights, rights privileges, easements and appurtenances thereunto belonging, unto the Lessee, for a term of twenty-one (21) years, beginning on the date of issuance of when the Bonds Lessor obtains title to the Leased Premises, and ending on the day prior to a such date not later than twenty twenty-one (2021) years after the date of issuance of the Bondsthereafter. However, the term of this Lease will terminate at the earlier of (a) the exercise by the Lessee of the option to purchase the Leased Premises pursuant to Section 11 and the payment of the option price, or (b) the payment or defeasance of all first mortgage bonds issued (i) to finance the cost of the Leased Premises, (ii) to refund all or a portion of such first mortgage bonds, (iii) to refund all or a portion of such first mortgage refunding bonds, or (iv) to improve the Leased Premises; provided that no bonds or other obligations of the Lessor issued to finance the Leased Premises remain outstanding at the time of such payment or defeasance. The Lessor hereby represents that it is possessed ofof a good and indefeasible estate in fee simple to the above described real estate, or will acquire, the Leased Premises and the Lessor warrants and will defend the Leased Premises same against all claims whatsoever not suffered or caused by the acts or omissions of the Lessee or its assigns. Notwithstanding The date the foregoing, the Leased Premises may buildings are completed and ready for occupancy shall be amended to add additional property to the Leased Premises or remove any portion of the Leased Premises, provided however, following such amendment, the rental payable under endorsed on this Lease at the end hereof by the parties hereto as soon as the same can be done after such completion, and such endorsement shall be based on the value of the portion of the Leased Premises which is available for use, and the rental payments due under recorded as an addendum to this Lease Lease. Additional construction shall be in amounts sufficient to pay when due all principal of and interest on all outstanding Bonds. In the event that all or a portion of the Leased Premises shall be unavailable for use by the Lessee, subject to the completion of any process required by law, the Lessor and the Lessee shall amend the Lease to add to and/or replace a portion of the Leased Premises permitted to the extent necessary to provide for available Leased Premises with set forth in a value supporting rental payments under the Lease sufficient to pay when due all principal of and interest on outstanding BondsTrust Indenture as hereinafter described.

Appears in 1 contract

Samples: Lease Agreement

Premises, Term and Warranty. The Lessor does hereby lease, demise and let to Lessee all of the Lessor’s right, title and interests in and to the Leased Premises. TO HAVE AND TO HOLD the Leased Premises with all rights, privileges, easements and appurtenances thereunto belonging, unto the Lessee, beginning on the date of issuance of the Bonds and ending on the day prior to a date not later than twenty (20) years after the date of issuance of the Bonds. However, the term of this Lease will terminate at the earlier of (a) the exercise by the Lessee of the option to purchase the Leased Premises pursuant to Section 11 and the payment of the option price, or (b) the payment or defeasance of all bonds issued (i) to finance the cost of the Leased Premises, (ii) to refund all or a portion of such bonds, (iii) to refund all or a portion of such refunding bonds, or (iv) to improve the Leased Premises; provided that no bonds or other obligations of the Lessor issued to finance the Leased Premises remain outstanding at the time of such payment or defeasance. The Lessor hereby represents that it is possessed of, or will acquire, the Leased Premises and the Lessor warrants and will defend the Leased Premises against all claims whatsoever not suffered or caused by the acts or omissions of the Lessee or its assigns. Notwithstanding the foregoing, the Leased Premises may be amended to add additional property to the Leased Premises or remove any portion of the Leased Premises, provided however, following such amendment, the rental payable under this Lease shall be based on the value of the portion of the Leased Premises which is available for use, and the rental payments due under this Lease shall be in amounts sufficient to pay when due all principal of and interest on all outstanding Bonds. In the event that all or a portion of the Leased Premises shall be unavailable for use by the Commission, subject to the completion of any process required by law, the Authority and the Commission shall amend the Lease to add to and/or replace a portion of the Leased Premises to the extent necessary to provide for available Leased Premises with a value supporting rental payments under the Lease sufficient to pay when due all principal of and interest on outstanding Bonds. In the event that all or a portion of the Leased Premises shall be unavailable for use by the Lessee, subject to the completion of any process required by law, the Lessor and the Lessee shall amend the Lease to add to and/or replace a portion of the Leased Premises to the extent necessary to provide for available Leased Premises with a value supporting rental payments under the Lease sufficient to pay when due all principal of and interest on outstanding Bonds.

Appears in 1 contract

Samples: Lease Agreement

Premises, Term and Warranty. The Lessor does hereby lease, demise and let to Lessee all the real estate in Jefferson County, Indiana, more particularly described in Exhibit A attached hereto and made a part hereof, and a portion of the Lessor’s right, title Xxxxxxxx Elementary School building to be renovated and interests in equipped thereon by Lessor according to plans and to specifications (hereinafter called the "Leased Premises"). The above mentioned plans and specifications may be changed, additional renovated work may be performed and equipment may be acquired by Lessor, but only with the approval of Lessee, and only if such changes or modifications or additional renovated work or equipment do not alter the character of the building or reduce the value thereof. Any such additional renovated work or equipment shall be part of the property covered by this Lease. The above mentioned plans and specifications have been filed with and approved by Lessee. TO HAVE AND TO HOLD the Leased Premises with all rights, rights privileges, easements and appurtenances thereunto belonging, unto the Lessee, for a term of fourteen (14) years, beginning on the date of issuance of on which the Bonds Lessor acquires fee simple title to real estate, and ending on the day prior to a such date not later than twenty fourteen (2014) years after the date of issuance of the Bondsthereafter. However, the term of this Lease will terminate at the earlier of (a) the exercise by the Lessee of the option to purchase the Leased Premises pursuant to Section 11 and the payment of the option price, or (b) the payment or defeasance of all first mortgage bonds issued (i) to finance the cost of the Leased Premises, (ii) to refund all or a portion of such first mortgage bonds, (iii) to refund all or a portion of such ad valorem property tax first mortgage refunding bonds, or (iv) to improve the Leased Premises; provided that no bonds or other obligations of . The date the Lessor issued acquires fee simple title to finance the Leased Premises remain outstanding real estate described in Exhibit A shall be endorsed on this Lease at the time of end hereof by parties hereto as soon as the same can be done after such payment or defeasanceacquisition, and such endorsement shall be recorded as an addendum to this Lease. The Lessor hereby represents that it is possessed of, or will acquire, a good and indefeasible estate in fee simple to the Leased Premises above described real estate, and the Lessor warrants and will defend the Leased Premises same against all claims whatsoever not suffered or caused by the acts or omissions of the Lessee or its assigns. Notwithstanding The date the foregoing, the Leased Premises may building is completed and ready for occupancy shall be amended to add additional property to the Leased Premises or remove any portion of the Leased Premises, provided however, following such amendment, the rental payable under endorsed on this Lease at the end hereof by the parties hereto as soon as the same can be done after such completion, and such endorsement shall be based on the value of the portion of the Leased Premises which is available for use, and the rental payments due under recorded as an addendum to this Lease shall be in amounts sufficient to pay when due all principal of and interest on all outstanding Bonds. In the event that all or a portion of the Leased Premises shall be unavailable for use by the Lessee, subject to the completion of any process required by law, the Lessor and the Lessee shall amend the Lease to add to and/or replace a portion of the Leased Premises to the extent necessary to provide for available Leased Premises with a value supporting rental payments under the Lease sufficient to pay when due all principal of and interest on outstanding BondsLease.

Appears in 1 contract

Samples: Lease Agreement

Premises, Term and Warranty. (a) (i) The Lessor does hereby lease, demise and let to the Lessee certain real estate in Marion County, Indiana, described in Exhibit A attached hereto and made a part hereof (the “Real Estate”), and all of the Lessor’s rightfacilities located, title to be located, thereon including the existing Xxx Xxxxxxxxx Elementary School and interests in its related outdoor facilities as renovated and expanded (the “Improvements”) by the Lessor according to plans and specifications (the “Plans and Specifications”) prepared for the Lessor and the Lessee by an architect to be selected by the Lessee, and the furnishings, equipment and appurtenances to such buildings (such real estate, buildings and furnishings, equipment and appurtenances, collectively, the “Premises”), to have and to hold the Leased Premises. TO HAVE AND TO HOLD the Leased Premises same, with all rights, privileges, easements and appurtenances thereunto belonging, unto the Lesseefor a term of twenty-two (22) years, beginning on the date of issuance all or any portion of the Bonds Premises are acquired by the Lessor from the Lessee, and ending on the day prior to a such date not later than twenty twenty-two (2022) years after thereafter. Notwithstanding the date foregoing, upon the sale of the Bonds (as hereinafter defined) Exhibit A may be amended to remove a portion of the Premises from being subject to this Lease if, prior to or at the time the Lessor issues the Bonds, the Lessee determines to pay for the Improvements on the eliminated portion of the Premises from funds other than those received in connection with the issuance of the Bonds. HoweverThe Premises, including the term of real estate, as revised and reduced, shall be endorsed on this Lease will terminate at the earlier of (a) end hereof in the exercise form attached as Exhibit B by the Lessee parties hereto as soon as the same can be done after the sale of the option to purchase the Leased Premises pursuant to Section 11 said Bonds, and the payment of the option price, or (b) the payment or defeasance of all bonds issued (i) to finance the cost of the Leased Premises, (ii) to refund all or a portion of such bonds, (iii) to refund all or a portion of such refunding bonds, or (iv) to improve the Leased Premises; provided that no bonds or other obligations of the Lessor issued to finance the Leased Premises remain outstanding at the time of such payment or defeasance. The Lessor hereby represents that it is possessed of, or will acquire, the Leased Premises and the Lessor warrants and will defend the Leased Premises against all claims whatsoever not suffered or caused by the acts or omissions of the Lessee or its assigns. Notwithstanding the foregoing, the Leased Premises may be amended to add additional property to the Leased Premises or remove any portion of the Leased Premises, provided however, following such amendment, the rental payable under this Lease endorsement shall be based on the value of the portion of the Leased Premises which is available for use, and the rental payments due under recorded as an addendum to this Lease shall be in amounts sufficient to pay when due all principal of and interest on all outstanding BondsLease. In the event that all or the Lessee determines to remove a portion of the Leased Premises from being subject to this Lease as set forth in this paragraph, the rental payments established in Section 2 hereof shall be unavailable for use reduced by a percentage equal to the Lessee, percentage that the Premises removed from being subject to the completion of any process required by law, the Lessor and the Lessee shall amend the Lease to add to and/or replace a portion of the Leased Premises bear to the extent necessary to provide for available Leased Premises with a value supporting rental payments under the Lease sufficient to pay when due all principal of and interest on outstanding Bondsentire Premises.

Appears in 1 contract

Samples: Lease

Premises, Term and Warranty. The Lessor does hereby lease, demise and let to Lessee all of the Lessor’s right, title and interests in and to the Leased Premises. TO HAVE AND TO HOLD the Leased Premises with all rights, privileges, easements and appurtenances thereunto belonging, unto the Lessee, beginning on the date of issuance the Lessor acquires an interest in any of the Bonds Leased Premises and ending on the day prior to a date not later than twenty twenty- two (2022) years after the such date of issuance of acquisition by the BondsLessor. HoweverNotwithstanding the foregoing, the term of this Lease will terminate at the earlier of (a) the exercise by the Lessee of the option to purchase all of the Leased Premises pursuant to Section 11 hereof and the payment of the option price, or (b) the payment or defeasance of all bonds obligations issued (i) to finance by the cost of the Leased Premises, (ii) to refund all Lessor and secured by this Lease or a any portion of such bonds, (iii) to refund all or a portion of such refunding bonds, or (iv) to improve the Leased Premisesthereof; provided that no bonds or other obligations of the Lessor issued to finance the Leased Premises remain outstanding at the time of such payment or defeasance. The Lessor hereby represents that it is possessed of, or will acquire, the Leased Premises and the Lessor warrants and will defend the Leased Premises against all claims whatsoever not suffered or caused by the acts or omissions of the Lessee or its assigns. Notwithstanding the foregoing, the Leased Premises may be amended to add additional property to the Leased Premises or remove any portion of the Leased Premises, including, but not limited to the Leased Premises, provided however, following such amendment, the rental payable under this Lease shall be based on the value of the portion of the Leased Premises which is available for use, and the rental payments due under this Lease shall be in amounts sufficient to pay when due all principal of and interest on all outstanding Bonds. In the event that all or a portion of the Leased Premises shall be unavailable for use by the Lessee, subject to the completion of any process required by law, the Lessor and the Lessee shall amend the Lease to add to and/or replace a portion of the Leased Premises to the extent necessary to provide for available Leased Premises with a value supporting rental payments under the Lease sufficient to pay when due all principal of and interest on outstanding Bonds.

Appears in 1 contract

Samples: Lease Agreement

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