Common use of Provisions Binding, Etc Clause in Contracts

Provisions Binding, Etc. Except as herein otherwise expressly provided, the terms hereof shall be binding upon and shall inure to the benefit of the successors and assigns, respectively, of the Authority and Tenant and the terms “Tenant” and “Authority” shall include their respective successors and assigns. Each term and each provision of this Lease to be performed by Tenant shall be construed to be both a covenant and a condition. The reference contained to the successors and assigns of Tenant is not intended to constitute a consent to assignment by Xxxxxx, but has reference only to those instances in which the Authority may later give consent to a particular assignment as required by the provisions of this Lease. Tenant represents and warrants to the Authority that Tenant is a [TYPE OF ENTITY] validly existing under the laws of the state in which Tenant is incorporated and has full power and authority to execute, deliver and perform its obligations under this Lease; that Tenant has taken all necessary action and has complied with all provisions of federal, state and local law, required to make this Lease the valid obligation of Tenant which it purports to be; and, when executed and delivered by Tenant and the other parties thereto, this Lease will constitute the valid and binding agreement of Tenant and be enforceable in accordance with its terms. Tenant will at all times during the Term of this Lease (i) maintain legal existence, and (ii) be qualified to do business in the Commonwealth of Massachusetts. If Tenant be several Persons, natural or corporate, the liability of such Persons for compliance with the obligations of Tenant under this Lease shall be joint and several. The person executing this Lease on behalf of Tenant certifies and represents that he/she has authority and power to bind Tenant to the obligations set forth herein and to sign on its behalf.

Appears in 1 contract

Samples: Lease Agreement

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Provisions Binding, Etc. Except as herein otherwise expressly provided, the terms hereof shall be binding upon and shall inure to the benefit of the heirs, legal representatives, successors and assigns, respectively, of the Authority Sublessor and Tenant and the terms “Tenant” and “Authority” shall include their respective successors and assignsSublessee. Each term and each provision of this Lease Sublease to be performed by Tenant Sublessee shall be construed to be both a covenant and a condition. The reference contained to the successors and assigns of Tenant Sublessee is not intended to constitute a consent to assignment by XxxxxxSublessee, but has reference only to those instances in which the Authority may later give Sublessor shall have given its consent to a particular assignment as if such consent is required by the provisions of this LeaseSublease. Tenant represents and Each person executing this Sublease on behalf of Sublessor warrants to the Authority that Tenant Sublessor is a [TYPE OF ENTITY] validly duly existing under and valid Delaware limited liability company qualified to do business in Massachusetts, that Sublessor has duly executed and delivered this Sublease, that the laws execution and delivery of, and the performance by Sublessor of the state in which Tenant is incorporated and has full power and authority to execute, deliver and perform its obligations under this Lease; Sublease are within the powers of Sublessor and have been duly authorized by all requisite corporate action, and that Tenant has taken all necessary action and has complied with all provisions of federal, state and local law, required to make this Lease the valid obligation of Tenant which it purports to be; and, when executed and delivered by Tenant and the other parties thereto, this Lease will constitute the Sublease is a valid and binding agreement obligation of Tenant and be enforceable Sublessor in accordance with its terms. Tenant will at all times during Each of the Term persons executing this instrument on behalf of this Lease the Sublessee (ieach acting in his or her capacity as an employee of Sublessee and not in his or her personal capacity) maintain legal existence, hereby covenant and (ii) be warrant that the Sublessee is a duly existing and valid Delaware corporation qualified to do business in Massachusetts, that Sublessee has duly executed and delivered this Sublease, that the Commonwealth execution and delivery of, and the performance by Sublessee of Massachusetts. If Tenant be several Persons, natural or corporate, the liability of such Persons for compliance with the its obligations of Tenant under this Lease shall be joint Sublease are within the powers of Sublessee and several. The person executing this Lease on behalf have been duly authorized by all requisite action, and that the Sublease is a valid and binding obligation of Tenant certifies and represents that he/she has authority and power to bind Tenant to the obligations set forth herein and to sign on Sublessee in accordance with its behalfterms.

Appears in 1 contract

Samples: Sublease (Genocea Biosciences, Inc.)

Provisions Binding, Etc. Except as herein otherwise expressly provided, the terms hereof shall be binding upon and shall inure to the benefit of the heirs, legal representatives, successors and assigns, respectively, of the Authority Sublessor and Tenant and the terms “Tenant” and “Authority” shall include their respective successors and assignsSublessee. Each term and each provision of this Lease Sublease to be performed by Tenant Sublessee shall be construed to be both a covenant and a condition. The reference contained to the successors and assigns of Tenant Sublessee is not intended to constitute a consent to assignment by XxxxxxSublessee, but has reference only to those instances in which the Authority may later give Sublessor shall have given its consent to a particular assignment as if such consent is required by the provisions of this LeaseSublease. Tenant represents and Each person executing this Sublease on behalf of Sublessor warrants to the Authority that Tenant Sublessor is a [TYPE OF ENTITY] validly duly existing under and valid Delaware corporation qualified to do business in Massachusetts, that Sublessor has duly executed and delivered this Sublease, that the laws execution and delivery of, and the performance by Sublessor of the state in which Tenant is incorporated and has full power and authority to execute, deliver and perform its obligations under this Lease; Sublease are within the powers of Sublessor and have been duly authorized by all requisite corporate action, and that Tenant has taken all necessary action and has complied with all provisions of federal, state and local law, required to make this Lease the valid obligation of Tenant which it purports to be; and, when executed and delivered by Tenant and the other parties thereto, this Lease will constitute the Sublease is a valid and binding agreement obligation of Tenant and be enforceable Sublessor in accordance with its terms. Tenant will at all times during Each of the Term persons executing this instrument on behalf of this Lease (i) maintain legal existence, Sublessee hereby covenant and (ii) be warrant that Sublessee is a duly existing and valid Delaware corporation qualified to do business in California, that Sublessee has duly executed and delivered this Sublease, that the Commonwealth execution and delivery of, and the performance by Sublessee of Massachusetts. If Tenant be several Persons, natural or corporate, the liability of such Persons for compliance with the its obligations of Tenant under this Lease shall be joint Sublease are within the powers of Sublessee and several. The person executing this Lease on behalf have been duly authorized by all requisite corporate action, and that the Sublease is a valid and binding obligation of Tenant certifies and represents that he/she has authority and power to bind Tenant to the obligations set forth herein and to sign on Sublessee in accordance with its behalfterms.

Appears in 1 contract

Samples: Work Letter Agreement (Threshold Pharmaceuticals Inc)

Provisions Binding, Etc. Except as herein otherwise expressly provided, the terms hereof shall be binding upon and shall inure to the benefit of the heirs, legal representatives, successors and assigns, respectively, of the Authority Sublessor and Tenant and the terms “Tenant” and “Authority” shall include their respective successors and assignsSublessee. Each term and each provision of this Lease Sublease to be performed by Tenant Sublessee shall be construed to be both a covenant and a condition. The reference contained to the successors and assigns of Tenant Sublessee is not intended to constitute a consent to assignment by XxxxxxSublessee, but has reference only to those instances in which the Authority may later give Sublessor shall have given its consent to a particular assignment as if such consent is required by the provisions of this LeaseSublease. Tenant represents and Each person executing this Sublease on behalf of Sublessor warrants to the Authority that Tenant Sublessor is a [TYPE OF ENTITY] validly duly existing under and valid Delaware corporation qualified to do business in Massachusetts, that Sublessor has duly executed and delivered this Sublease, that the laws execution and delivery of, and the performance by Sublessor of the state in which Tenant is incorporated and has full power and authority to execute, deliver and perform its obligations under this Lease; Sublease are within the powers of Sublessor and have been duly authorized by all requisite corporate action, and that Tenant has taken all necessary action and has complied with all provisions of federal, state and local law, required to make this Lease the valid obligation of Tenant which it purports to be; and, when executed and delivered by Tenant and the other parties thereto, this Lease will constitute the Sublease is a valid and binding agreement obligation of Tenant and be enforceable Sublessor in accordance with its terms. Tenant will at all times during Each of the Term persons executing this instrument on behalf of this Lease (i) maintain legal existence, the Sublessee hereby covenant and (ii) be warrant that the Sublessee is a duly existing and valid Delaware corporation qualified to do business in Massachusetts, that Sublessee has duly executed and delivered this Sublease, that the Commonwealth execution and delivery of, and the performance by Sublessee of Massachusetts. If Tenant be several Persons, natural or corporate, the liability of such Persons for compliance with the its obligations of Tenant under this Lease shall be joint Sublease are within the powers of Sublessee and several. The person executing this Lease on behalf have been duly authorized by all requisite corporate action, and that the Sublease is a valid and binding obligation of Tenant certifies and represents that he/she has authority and power to bind Tenant to the obligations set forth herein and to sign on Sublessee in accordance with its behalfterms.

Appears in 1 contract

Samples: Dyax Corp

Provisions Binding, Etc. Except as herein otherwise expressly provided, the terms hereof shall be binding upon and shall inure to the benefit of the heirs, legal representatives, successors and assigns, respectively, of the Authority Sublessor and Tenant and the terms “Tenant” and “Authority” shall include their respective successors and assignsSublessee. Each term and each provision of this Lease Sublease to be performed by Tenant Sublessee shall be construed to be both a covenant and a condition. The reference contained to the successors and assigns of Tenant Sublessee is not intended to constitute a consent to assignment by XxxxxxSublessee, but has reference only to those instances in which the Authority may later give Sublessor shall have given its consent to a particular assignment as if such consent is required by the provisions of this LeaseSublease. Tenant represents and Each person executing this Sublease on behalf of Sublessor warrants to the Authority that Tenant Sublessor is a [TYPE OF ENTITY] validly duly existing under and valid Delaware corporation qualified to do business in Massachusetts, that Sublessor has duly executed and delivered this Sublease, that the laws execution and delivery of, and the performance by Sublessor of the state in which Tenant is incorporated and has full power and authority to execute, deliver and perform its obligations under this Lease; Sublease are within the powers of Sublessor and have been duly authorized by all requisite corporate action, and that Tenant has taken all necessary action and has complied with all provisions of federal, state and local law, required to make this Lease the valid obligation of Tenant which it purports to be; and, when executed and delivered by Tenant and the other parties thereto, this Lease will constitute the Sublease is a valid and binding agreement obligation of Tenant and be enforceable Sublessor in accordance with its terms. Tenant will at all times during Each of the Term persons executing this instrument on behalf of this Lease (i) maintain legal existence, the Sublessee hereby covenant and (ii) be warrant that the Sublessee is a duly existing and valid Delaware corporation qualified to do business in Massachusetts, that Sublessee has duly executed and delivered this Sublease, that the Commonwealth execution and delivery of, and the performance by Sublessee of Massachusettsits obligations under this Sublease are within the powers of Sublessee and have been duly authorized by all requisite action, and that the Sublease is a valid and binding obligation of Sublessee in accordance with its terms. If Tenant be several Persons, natural or corporateFor all purposes in this Sublease, the liability of such Persons for compliance with the obligations of Tenant under this Lease word “including” shall be joint construed to include the words “without limitation”. All exhibits to this Sublease are a part of this Sublease and severalare hereby incorporated herein by reference. This Sublease may be executed by electronic signatures, each of which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. Without limitation, in addition to electronically produced signatures, “electronic signature” shall include electronically scanned and transmitted versions (e.g., via PDF and/or DocuSign) of an original signature. This Sublease may be executed in multiple counterparts (which counterparts may be executed and delivered by PDF, DocuSign, or another file sent by email) which shall together constitute a single document. Any executed counterpart of this Sublease delivered by PDF, DocuSign or another file sent by email shall be equally effective as an original counterpart for all purposes. The person executing submission of drafts of this Lease on behalf document for examination and negotiation does not constitute an offer, or the acceptance of Tenant certifies an offer, and, subject to Section 13.11 below, this Sublease shall not be binding upon the Sublessor or Sublessee unless and represents that he/she has authority until the Sublessor shall have executed and power to bind Tenant delivered a fully executed copy of this Sublease to the obligations set forth herein and to sign on its behalfSublessee.

Appears in 1 contract

Samples: Sublease (Bluebird Bio, Inc.)

Provisions Binding, Etc. Except as herein otherwise expressly provided, the terms hereof shall be binding upon and shall inure to the benefit of the successors and assigns, respectively, of the Authority and Tenant and the terms “Tenant” and “Authority” shall include their respective successors and assigns. Each term and each provision of this Lease to be performed by Tenant shall be construed to be both a covenant and a condition. The reference contained to the successors and assigns of Tenant is not intended to constitute a consent to assignment by XxxxxxTenant, but has reference only to those instances in which the Authority may later give consent to a particular assignment as required by the provisions of this Lease. Tenant represents and warrants to the Authority that Tenant is a [TYPE OF ENTITY] validly existing under the laws of the state in which Tenant is incorporated and has full power and authority to execute, deliver and perform its obligations under this Lease; that Tenant has taken all necessary action and has complied with all provisions of federal, state and local law, required to make this Lease the valid obligation of Tenant which it purports to be; and, when executed and delivered by Tenant and the other parties thereto, this Lease will constitute the valid and binding agreement of Tenant and be enforceable in accordance with its terms. Tenant will at all times during the Term of this Lease (i) maintain legal existence, and (ii) be qualified to do business in the Commonwealth of Massachusetts. If Tenant be several Persons, natural or corporate, the liability of such Persons for compliance with the obligations of Tenant under this Lease shall be joint and several. The person executing this Lease on behalf of Tenant certifies and represents that he/she has authority and power to bind Tenant to the obligations set forth herein and to sign on its behalf.

Appears in 1 contract

Samples: Lease Agreement

Provisions Binding, Etc. Except as herein otherwise expressly provided, the terms hereof shall be binding upon and shall inure to the benefit of the heirs, legal representatives, successors and assigns, respectively, of the Authority Sublandlord and Tenant and the terms “Tenant” and “Authority” shall include their respective successors and assignsSubtenant. Each term and each provision of this Lease Sublease to be performed by Tenant Subtenant shall be construed to be both a covenant and a condition. The reference contained to the successors and assigns of Tenant Subtenant is not intended to constitute a consent to assignment by XxxxxxSubtenant, but has reference only to those instances in which the Authority may later give Sublandlord shall have given its consent to a particular assignment as if such consent is required by the provisions of this LeaseSublease. Tenant represents and Each person executing this Sublease on behalf of Sublandlord warrants to the Authority that Tenant Sublandlord is a [TYPE OF ENTITY] validly duly existing under and valid Massachusetts corporation qualified to do business in Massachusetts, that Sublandlord has duly executed and delivered this Sublease, that the laws execution and delivery of, and the performance by Sublandlord of the state in which Tenant is incorporated and has full power and authority to execute, deliver and perform its obligations under this Lease; Sublease are within the powers of Sublandlord and have been duly authorized by all requisite corporate action, and that Tenant has taken all necessary action and has complied with all provisions of federal, state and local law, required to make this Lease the valid obligation of Tenant which it purports to be; and, when executed and delivered by Tenant and the other parties thereto, this Lease will constitute the Sublease is a valid and binding agreement obligation of Tenant and be enforceable Sublandlord in accordance with its terms. Tenant will at all times during Each of the Term persons executing this instrument on behalf of this Lease (i) maintain legal existence, the Subtenant hereby covenant and (ii) be warrant that the Subtenant is a duly existing and valid Delaware corporation qualified to do business in Massachusetts, that Subtenant has duly executed and delivered this Sublease, that the Commonwealth execution and delivery of, and the performance by Subtenant of Massachusetts. If Tenant be several Persons, natural or corporate, the liability of such Persons for compliance with the its obligations of Tenant under this Lease shall be joint Sublease are within the powers of Subtenant and several. The person executing this Lease on behalf have been duly authorized by all requisite corporate action, and that the Sublease is a valid and binding obligation of Tenant certifies and represents that he/she has authority and power to bind Tenant to the obligations set forth herein and to sign on Subtenant in accordance with its behalfterms.

Appears in 1 contract

Samples: Sublease (Coley Pharmaceutical Group, Inc.)

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Provisions Binding, Etc. Except as herein otherwise expressly provided, the terms hereof shall be binding upon and shall inure to the benefit of the heirs, legal representatives, successors and assigns, respectively, of the Authority Sublessor and Tenant and the terms “Tenant” and “Authority” shall include their respective successors and assignsSublessee. Each term and each provision of this Lease Sublease to be performed by Tenant either party shall be construed to be both a covenant and a condition. The reference contained to the successors and assigns of Tenant Sublessee is not intended to constitute a consent to assignment by XxxxxxSublessee, but has reference only to those instances in which the Authority may later give Sublessor shall have given its consent to a particular assignment as if such consent is required by the provisions of this LeaseSublease. Tenant represents and Each person executing this Sublease on behalf of Sublessor warrants to the Authority that Tenant Sublessor is a [TYPE OF ENTITY] validly duly existing under and valid Delaware corporation qualified to do business in Massachusetts, that Sublessor has duly executed and delivered this Sublease, that the laws execution and delivery of, and the performance by Sublessor of the state in which Tenant is incorporated and has full power and authority to execute, deliver and perform its obligations under this Lease; Sublease are within the powers of Sublessor and have been duly authorized by all requisite corporate action, and that Tenant has taken all necessary action and has complied with all provisions of federal, state and local law, required to make this Lease the valid obligation of Tenant which it purports to be; and, when executed and delivered by Tenant and the other parties thereto, this Lease will constitute the Sublease is a valid and binding agreement obligation of Tenant and be enforceable Sublessor in accordance with its terms. Tenant will at all times during Each of the Term persons executing this instrument on behalf of this Lease (i) maintain legal existence, the Sublessee hereby covenant and (ii) be warrant that the Sublessee is a duly existing and valid Delaware corporation qualified to do business in Massachusetts, that Sublessee has duly executed and delivered this Sublease, that the Commonwealth execution and delivery of, and the performance by Sublessee of Massachusetts. If Tenant be several Persons, natural or corporate, the liability of such Persons for compliance with the its obligations of Tenant under this Lease shall be joint Sublease are within the powers of Sublessee and several. The person executing this Lease on behalf have been duly authorized by all requisite corporate action, and that the Sublease is a valid and binding obligation of Tenant certifies and represents that he/she has authority and power to bind Tenant to the obligations set forth herein and to sign on Sublessee in accordance with its behalfterms.

Appears in 1 contract

Samples: Cambridge Neuroscience Inc

Provisions Binding, Etc. Except as herein otherwise expressly provided, the terms hereof shall be binding upon and shall inure to the benefit of the heirs, legal representatives, successors and assigns, respectively, of the Authority Sublessor and Tenant and the terms “Tenant” and “Authority” shall include their respective successors and assignsSublessee. Each term and each provision of this Lease Sublease to be performed by Tenant Sublessee shall be construed to be both a covenant and a condition. The reference contained to the successors and assigns of Tenant Sublessee is not intended to constitute a consent to assignment by XxxxxxSublessee, but has reference only to those instances in which the Authority may later give Sublessor shall have given its consent to a particular assignment as if such consent is required by the provisions of this LeaseSublease. Tenant represents and Each person executing this Sublease on behalf of Sublessor warrants to the Authority that Tenant Sublessor is a [TYPE OF ENTITY] validly duly existing under and valid Delaware corporation qualified to do business in Massachusetts, that Sublessor has duly executed and delivered this Sublease, that the laws execution and delivery of, and the performance by Sublessor of the state in which Tenant is incorporated and has full power and authority to execute, deliver and perform its obligations under this Lease; Sublease are within the powers of Sublessor and have been duly authorized by all requisite corporate action, and that Tenant has taken all necessary action and has complied with all provisions of federal, state and local law, required to make this Lease the valid obligation of Tenant which it purports to be; and, when executed and delivered by Tenant and the other parties thereto, this Lease will constitute the Sublease is a valid and binding agreement obligation of Tenant and be enforceable Sublessor in accordance with its terms. Tenant will at all times during Each of the Term persons executing this instrument on behalf of this Lease (i) maintain legal existence, the Sublessee hereby covenant and (ii) be warrant that the Sublessee is a duly existing and valid Delaware limited liability company qualified to do business in Massachusetts, that Sublessee has duly executed and delivered this Sublease, that the Commonwealth execution and delivery of, and the performance by Sublessee of Massachusetts. If Tenant be several Persons, natural or corporate, the liability of such Persons for compliance with the its obligations of Tenant under this Lease Sublease are within the powers of Sublessee and have been duly authorized by all requisite action, and that the Sublease is a valid and binding obligation of Sublessee in accordance with its terms. This Sublease may be executed in one or more counterparts, each such counterpart shall be joint considered an original, and severalall of which together shall constitute a single agreement. The person executing exchange of executed copies of this Lease on behalf Sublease by electronic transmission shall constitute effective execution and delivery of Tenant certifies and represents that he/she has authority and power to bind Tenant this Sublease as to the obligations set forth herein parties for all purposes, and signatures of the parties transmitted electronically shall be deemed to sign on its behalfbe their original signatures for all purposes.

Appears in 1 contract

Samples: Sublease (Adicet Bio, Inc.)

Provisions Binding, Etc. Except as herein otherwise expressly provided, the terms hereof shall be binding upon and shall inure to the benefit of the heirs, legal representatives, successors and assigns, respectively, of the Authority Sublessor and Tenant and the terms “Tenant” and “Authority” shall include their respective successors and assignsSublessee. Each term and each provision of this Lease Sublease to be performed by Tenant Sublessee and Sublessor shall be construed to be both a covenant and a condition. The reference contained to the successors and assigns of Tenant Sublessee is not intended to constitute a consent to assignment by XxxxxxSublessee, but has reference only to those instances in which the Authority may later give Sublessor shall have given its consent to a particular assignment as if such consent is required by the provisions of this LeaseSublease. Tenant represents and Sublessor warrants to the Authority that Tenant Sublessor is a [TYPE OF ENTITY] validly duly existing under and valid Delaware corporation qualified to do business in Massachusetts, that Sublessor has duly executed and delivered this Sublease, that the laws execution and delivery of, and the performance by Sublessor of the state in which Tenant is incorporated and has full power and authority to execute, deliver and perform its obligations under this Lease; Sublease are within the powers of Sublessor and have been duly authorized by all requisite corporate action, and that Tenant has taken all necessary action and has complied with all provisions of federal, state and local law, required to make this Lease the valid obligation of Tenant which it purports to be; and, when executed and delivered by Tenant and the other parties thereto, this Lease will constitute the Sublease is a valid and binding agreement obligation of Tenant and be enforceable Sublessor in accordance with its terms. Tenant will at all times during the Term of this Lease (i) maintain legal existence, Sublessee warrants that Sublessee is a duly existing and (ii) be valid Delaware corporation qualified to do business in Massachusetts, that Sublessee has duly executed and delivered this Sublease, that the Commonwealth execution and delivery of, and the performance by Sublessee of Massachusetts. If Tenant be several Persons, natural or corporate, the liability of such Persons for compliance with the its obligations of Tenant under this Lease shall be joint Sublease are within the powers of Sublessee and several. The person executing have been duly authorized by all requisite corporate action, and that this Lease on behalf Sublease is a valid and binding obligation of Tenant certifies and represents that he/she has authority and power to bind Tenant to the obligations set forth herein and to sign on Sublessee in accordance with its behalfterms.

Appears in 1 contract

Samples: Sublease (Akebia Therapeutics, Inc.)

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