Common use of Property-Related Matters Clause in Contracts

Property-Related Matters. The Property, as improved in ------------------------ accordance with the Plans and Specifications, will comply in all material respects with all Legal Requirements (including all applicable zoning and land use laws and Environmental Laws) and Insurance Requirements. The Plans and Specifications have been or will be prepared so as to comply with all applicable Legal Requirements (including all applicable Environmental Laws and building, planning, zoning and fire codes) and upon completion of the applicable Improvements in accordance with the Plans and Specifications, such Improvements on the Property will not encroach in any manner onto any adjoining land (except as permitted by express written easements or variance) and such Improvements and the use thereof by the Lessee and its agents, assignees, employees, invitees, lessees, licensees and tenants will comply in all material respects with all applicable Legal Requirements (including all applicable Environmental Laws and building, planning, zoning and fire codes). There is no action, suit or proceeding (including any proceeding in condemnation or eminent domain or under any applicable Environmental Law) pending or, to the best knowledge of Lessee threatened which adversely affects the title to, or materially affects the use, operation or value of, the Properties. No fire or other casualty with respect to the Properties has occurred which fire or other casualty has had a material adverse effect on the Lessee's ability to perform its obligations under the Agency Agreement and the other Operative Agreements. All utilities serving the Properties, or proposed to serve the Properties in accordance with the Plans and Specifications, are located in, and in the future will be located in, and vehicular access to the Improvements on each of the Properties is provided by, either public rights-of-way abutting the Property or Appurtenant Rights. All applicable material licenses, approvals, authorizations, consents, permits (including, without limitation, building, demolition and environmental permits, licenses, approvals, authorizations and consents), easements and rights-of-way, including proof of dedication, required for (i) the use, treatment, storage, transport, disposal or disposition of any Hazardous Substance on, at, under or from the Properties during the construction of the Improvements thereon and the use and operation of the Improvements following such construction, (ii) the construction of the Improvements in accordance with the Plans and Specifications and the Agency Agreement and (iii) the use and operation of the Improvements following such construction as permitted pursuant to the Lease have been obtained, to the extent necessary at the time of this representation, from the appropriate Governmental Authorities having jurisdiction or from private parties.

Property-Related Matters. The Property, as improved in ------------------------ accordance with the Plans and Specifications, Property will comply in all material respects with all Legal Requirements (including all applicable zoning and land use laws and Environmental Laws) and Insurance Requirements. The Plans and Specifications have been or will be prepared so as to comply with all applicable Legal Requirements (including all applicable Environmental Laws and building, planning, zoning and fire codes) and upon completion of the applicable Improvements in accordance with the Plans and Specifications, such No Improvements on the Property will not encroach in any manner onto any adjoining land (except as permitted by express written easements or variance) and such Improvements and the use thereof by the Lessee and its agents, assignees, employees, invitees, lessees, licensees and tenants will comply in all material respects with all applicable Legal Requirements (including all applicable Environmental Laws and building, planning, zoning and fire codes). There are no defects to such Improvements including, without limitation, the plumbing, heating, air conditioning and electrical systems thereof, and all water, sewer, electric, gas, telephone and drainage facilities and all other utilities required to adequately service such Improvements for their intended use will be available pursuant to adequate permits (including any that may be required under applicable Environmental Laws). There is no action, suit or proceeding (including any proceeding in condemnation or eminent domain or under any applicable Environmental Law) pending or, to the best knowledge of Lessee or threatened which adversely affects the title to, or materially affects the use, operation or value of, the PropertiesProperty. No As of the Closing Date, no fire or other casualty with respect to the Properties Property has occurred which fire or other casualty involves an uninsured loss in excess of $1,000,000. As of each subsequent Funding Date, no fire or other casualty with respect to the Property has had a material adverse effect on occurred after the Lessee's ability to perform its obligations under the Agency Agreement and the Closing Date which fire or other Operative Agreementscasualty involves an uninsured loss in excess of $500,000. All utilities serving the Properties, or proposed to serve the Properties in accordance with the Plans and Specifications, Property are located in, and in the future will be located in, and vehicular access to the Improvements on each of the Properties Property is provided by, either public rights-of-way abutting the Property or Appurtenant Rights. All applicable material licenses, approvals, authorizations, consents, permits (including, without limitation, building, demolition and environmental permits, licenses, approvals, authorizations and consents), easements and rights-rights- of-way, including proof of dedication, required for (i) the use, treatment, storage, transport, disposal or disposition of any Hazardous Substance on, at, under or from the Properties during the construction of the Improvements thereon and the use and operation of the Improvements following such construction, (ii) the construction of the Improvements in accordance with the Plans and Specifications and the Agency Agreement and (iii) the use and operation of the Improvements following such construction as permitted pursuant to the Lease have been obtained, to the extent necessary at the time of this representation, obtained from the appropriate Governmental Authorities having jurisdiction or from private parties.

Property-Related Matters. The Upon consummation of the Acquisition, the A-1 Series will hold, directly or indirectly through its wholly owned subsidiaries, good and marketable title to the Property described in the General Disclosure Package and the Prospectus to be owned by it and the improvements (exclusive of improvements owned by tenants, if applicable) located thereon, and the Property will be free and clear of all mortgages, deeds of trust, pledges, liens, security interests, claims, restrictions or encumbrances of any kind except such as (a) are described in the General Disclosure Package and the Prospectus or (b) do not, singly or in the aggregate, materially affect the value of the Property and do not materially interfere with the use made and proposed to be made of the Property by the A-1 Series or any Subsidiary; and no third party, including any tenant at the Property, has any option or right of first refusal to purchase the Property or any portion thereof or interest therein, except as improved disclosed in ------------------------ accordance the Registration Statement, the General Disclosure Package and the Prospectus or as would not, individually or in the aggregate, result in a Material Adverse Effect. Except as disclosed in the Registration Statement, the General Disclosure Package and the Prospectus, neither the Company nor the A-1 Series knows of any violation of any municipal, state, federal or homeowners’ association law, rule or regulation concerning the Property, except as would not, individually or in the aggregate, result in a Material Adverse Effect; except as disclosed in the Registration Statement, the General Disclosure Package and the Prospectus, the Property complies with the Plans and Specifications, will comply in all material respects with all Legal Requirements (including all applicable zoning laws, ordinances, regulations and land use laws deed restrictions or other covenants, except where the failure to comply would not, individually or in the aggregate, result in a Material Adverse Effect; none of the Company, the A-1 Series or any of the Subsidiaries has received from any governmental authority any written notice of any condemnation of or zoning change affecting the Property, and Environmental Laws) none of the Company, the A-1 Series or any of the Subsidiaries has received written notice of any such threatened condemnation or zoning change, that, in either case, if consummated, would, individually or in the aggregate, have a Material Adverse Effect. Except as disclosed in the Registration Statement, the General Disclosure Package and Insurance Requirements. The Plans and Specifications have been the Prospectus, no mortgages encumbering the Property is or will be prepared so as to comply with all applicable Legal Requirements (including all applicable Environmental Laws and building, planning, zoning and fire codes) and upon completion of the applicable Improvements in accordance with the Plans and Specifications, such Improvements on the Property will not encroach in any manner onto any adjoining land (except as permitted by express written easements or variance) and such Improvements and the use thereof by the Lessee and its agents, assignees, employees, invitees, lessees, licensees and tenants will comply in all material respects with all applicable Legal Requirements (including all applicable Environmental Laws and building, planning, zoning and fire codes). There is no action, suit or proceeding (including any proceeding in condemnation or eminent domain or under any applicable Environmental Law) pending or, to the best knowledge of Lessee threatened which adversely affects the title to, or materially affects the use, operation or value of, the Properties. No fire or other casualty with respect to the Properties has occurred which fire or other casualty has had a material adverse effect on the Lessee's ability to perform its obligations under the Agency Agreement and the other Operative Agreements. All utilities serving the Properties, or proposed to serve the Properties in accordance with the Plans and Specifications, are located in, and in the future will be located in, and vehicular access to the Improvements on each of the Properties is provided by, either public rights-of-way abutting the Property or Appurtenant Rights. All applicable material licenses, approvals, authorizations, consents, permits (including, without limitation, building, demolition and environmental permits, licenses, approvals, authorizations and consents), easements and rights-of-way, including proof of dedication, required for be: (i) convertible (in the useabsence of foreclosure) into an equity interest in the Property A-1 Subsidiary or in the Company, treatment, storage, transport, disposal the A-1 Series or disposition of any Hazardous Substance on, at, under or from the Properties during the construction of the Improvements thereon and the use and operation of the Improvements following such construction, Subsidiaries; (ii) the construction cross-defaulted to any indebtedness other than indebtedness of the Improvements in accordance with Company, the Plans and Specifications and A-1 Series or any of the Agency Agreement and Subsidiaries; or (iii) cross-collateralized to any property or assets not owned directly or indirectly by the use and operation Company or any of the Improvements following such construction as permitted pursuant to Subsidiaries. To the Lease have been obtainedknowledge of the Company and the A-1 Series, to the extent necessary water, stormwater, sanitary sewer, electricity and telephone service are all available at the time property lines of this representationthe Property over duly dedicated streets or perpetual easements of record benefiting the Property, from except as would not, individually or in the appropriate Governmental Authorities having jurisdiction or from private partiesaggregate, result in a Material Adverse Effect.

Property-Related Matters. The Property, as improved in ------------------------ accordance with the Plans and Specifications, Property will comply in all material respects with all Legal Requirements (including all applicable zoning and land use laws and Environmental Laws) and Insurance Requirements. The Plans and Specifications have been or will be prepared so as to comply with all applicable Legal Requirements (including all applicable Environmental Laws and building, planning, zoning and fire codes) and upon completion of the applicable Improvements in accordance with the Plans and Specifications, such No Improvements on the Property will not encroach in any manner onto any adjoining land (except as permitted by express written easements or variance) and such Improvements and the use thereof by the Lessee and its agents, assignees, employees, invitees, lessees, licensees and tenants will comply in all material respects with all applicable Legal Requirements (including all applicable Environmental Laws and building, planning, zoning and fire codes). There are no defects to such Improvements including, without limitation, the plumbing, heating, air conditioning and electrical systems thereof, and all water, sewer, electric, gas, telephone and drainage facilities and all other utilities required to adequately service such Improvements for their intended use will be available pursuant to adequate permits (including any that may be required under applicable Environmental Laws). There is no action, suit or proceeding (including any proceeding in condemnation or eminent domain or under any applicable Environmental Law) pending or, to the best knowledge of Lessee or threatened which adversely affects the title to, or materially affects the use, operation or value of, the PropertiesProperty. No fire or other casualty with respect to the Properties Property has occurred which fire or other casualty has had a material adverse effect on the Lessee's ability to perform its obligations under the Agency Agreement and the other Operative Agreementsinvolves an uninsured loss in excess of $500,000. All utilities serving the Properties, or proposed to serve the Properties in accordance with the Plans and Specifications, Property are located in, and in the future will be located in, and vehicular access to the Improvements on each of the Properties Property is provided by, either public rights-of-way abutting the Property or Appurtenant Rights. All applicable material licenses, approvals, authorizations, consents, permits (including, without limitation, building, demolition and environmental permits, licenses, approvals, authorizations and consents), easements and rights-of-way, including proof of dedication, required for (i) the use, treatment, storage, transport, disposal or disposition of any Hazardous Substance on, at, under or from the Properties during the construction of the Improvements thereon and the use and operation of the Improvements following such construction, (ii) the construction of the Improvements in accordance with the Plans and Specifications and the Agency Agreement and (iii) the use and operation of the Improvements following such construction as permitted pursuant to the Lease have been obtained, to the extent necessary at the time of this representation, obtained from the appropriate Governmental Authorities having jurisdiction or from private parties.

Property-Related Matters. The Each Construction Period Property, as when improved in ------------------------ accordance with the Plans and Specifications, will comply in all material respects and each Completed Property complies in all material respects with all Legal Requirements (including all applicable zoning and land use laws and Environmental Laws) and Insurance Requirements. The Plans and Specifications have been or will be prepared so as to comply in accordance with all applicable Legal Requirements (including all applicable Environmental Laws and building, planning, zoning and fire codes) and upon completion of the applicable Improvements in accordance with the Plans and Specifications, such Improvements on the Construction Period Property will not encroach in any manner onto any adjoining land (except as permitted by express written easements or variance) and such Improvements and the use thereof by the Lessee and its agents, assignees, employees, invitees, lessees, licensees and tenants will comply in all material respects with all applicable Legal Requirements (including all applicable Environmental Laws and building, planning, zoning and fire codes). Upon completion of such Improvements in accordance with the Plans and Specifications, (i) there will be no material defects to such Improvements including the plumbing, heating, air conditioning and electrical systems thereof and (ii) all water, sewer, electric, gas, telephone and drainage facilities and all other utilities required to adequately service such Improvements for its intended use will be available pursuant to adequate permits (including any that may be required under applicable Environmental Laws). There is no action, suit or proceeding (including any proceeding in condemnation or eminent domain or under any applicable Environmental Law) pending or, to the best knowledge of Lessee Lessee, threatened which materially adversely affects the title to, or materially affects the use, operation or value of, the Properties. No fire or other casualty with respect to the Properties has occurred which fire or other casualty has had a material adverse effect on the Lessee's ability to perform its obligations under the Agency Agreement and the other Operative Agreements. All utilities serving the Properties, or proposed to serve the Properties in accordance with the Plans and Specifications, are located in, and in the future will be located in, and vehicular access to the Improvements on each of the Properties is provided by, either public rights-of-way abutting the Property or Appurtenant Rights. All material applicable material licenses, approvals, authorizations, consents, permits (including, without limitation, building, demolition and environmental permits, licenses, approvals, authorizations and consents), easements and rights-of-way, including proof of dedication, required for (i) the use, treatment, storage, transport, disposal or disposition of any Hazardous Substance on, at, under or from the Properties during the construction of the Improvements thereon and the use and operation of the Improvements following such construction, (ii) the construction of the Improvements in accordance with the Plans and Specifications and the Agency Agreement and (iii) the use and operation of the Improvements following such construction as permitted pursuant to the Lease have been obtained, to the extent necessary at the time of this representation, obtained from the appropriate Governmental Authorities having jurisdiction or from private partiesparties (or if not yet obtained or available, such consents, licenses and building permits should be obtainable in the ordinary course).

Property-Related Matters. The Each Construction Period Property, as when ------------------------ improved in ------------------------ accordance with the Plans and Specifications, will comply comply, and each Completed Property complies, in all material respects with all Legal Requirements (including all applicable zoning and land use laws and Environmental Laws) and Insurance Requirements. The With respect to each Construction Period Property, the Plans and Specifications have been or will be prepared so as to comply in accordance with all applicable Legal Requirements (including all applicable Environmental Laws and building, planning, zoning and fire codes) and upon completion of the applicable Improvements in accordance with the Plans and Specifications, such Improvements on the Construction Period Property will not encroach in any manner onto any adjoining land (except as permitted by express written easements or variance) and such Improvements and the use thereof by the Lessee and its agents, assignees, employees, invitees, lessees, licensees and tenants will comply in all material respects with all applicable Legal Requirements (including all applicable Environmental Laws and building, planning, zoning and fire codes). Upon completion of such Improvements in accordance with the Plans and Specifications, (i) there will be no defects to such Improvements including the plumbing, heating, air conditioning and electrical systems thereof which would have a material and adverse effect on the operation and use of such Improvements for its intended purposes and (ii) all water, sewer, electric, gas, telephone and drainage facilities and all other utilities required to adequately service such Improvements for its intended use will be available pursuant to adequate permits or other appropriate authorizations (including any that may be required under applicable Environmental Laws). There is no action, suit or proceeding (including any proceeding in condemnation or eminent domain or under any applicable Environmental Law) pending oror threatened which, if determined adversely to the best knowledge of Lessee threatened which or Lessor, adversely affects the title to, or materially adversely affects the use, operation or value of, the Properties. No fire or other casualty with respect to the Properties has occurred which fire or other casualty has had a material adverse effect on the Lessee's ability to perform its obligations under the Agency Agreement and the other Operative Agreements. All utilities serving the Properties, or proposed to serve the Properties in accordance with the Plans and Specifications, are located in, and in the future will be located in, and vehicular access to the Improvements on each of the Properties is provided by, either public rights-of-way abutting the Property or Appurtenant Rights. All applicable material licenses, approvals, authorizations, consents, permits (including, without limitation, building, demolition and environmental permits, licenses, approvals, authorizations and consents), easements and rights-of-way, including proof of dedication, required for (i) the use, treatment, storage, transport, disposal or disposition of any Hazardous Substance on, at, under or from the Properties during the construction of the Improvements thereon and the use and operation of the Improvements following such construction, (ii) the construction of the Improvements in accordance with the Plans and Specifications and the Agency Agreement and (iii) the use and operation of the Improvements following such construction as permitted pursuant to the Lease have been obtainedobtained or will, prior to the extent necessary at time the time of this representationsame is required by any Legal Requirement, be obtained from the appropriate Governmental Authorities having jurisdiction or from private parties.