Representation by Landlord. Landlord represents to Tenant that the Fixed Rent does not exceed the fair rental value of the Premises as of the date hereof.
Representation by Landlord. Landlord represents and warrants to Tenant to its actual knowledge without special inquiry that as of the date of this Lease, there are no Hazardous Materials present in the Leased Premises or the Building in violation of Hazardous Materials Laws.
Representation by Landlord. 56 35. NAME OF BUILDING.................................................. 56 36.
Representation by Landlord. 37- <PAGE> Landlord represents to Tenant that the Facilities Agreement which shall evidence the terms of a Loan to be made by Societe Generale to Landlord on or about the Commencement Date shall include the following provision: "The Finance Parties shall act reasonably in making a decision of whether to declare a Default pursuant to this Clause 25.11 (Insolvency of Wagon PLC):" THIS AGREEMENT has been entered into on the date stated at the beginning of this agreement. -38- <PAGE> EXECUTION OF LEASE AGREEMENT: THE LANDLORD SIGNED by Xxxxxxx X. Xxxxxxx, ) Director, ) duly authorised for and on behalf of ) Conduit B.V. in its capacity as managing ) member of WGN (GER) LLC: ) ADDRESS: c/o W.P. Xxxxx & Co. LLC 00 Xxxxxxxxxxxx Xxxxx, 0xx Xxxxx Xxx Xxxx, XX 00000, X.X.X. FACSIMILE NO: +0 000 000 0000 FOR THE ATTENTION OF: Director, Asset Management THE TENANT SIGNED by [-], ) duly authorised for and on behalf of, ) WAGON AUTOMOTIVE GmbH, ) ADDRESS: [-] FACSIMILE NO: [-] FOR THE ATTENTION OF: [-] -39- </TEXT> </DOCUMENT>
Representation by Landlord. Landlord represents and warrants that Landlord has full authority to execute and deliver this Agreement.
Representation by Landlord. 14 E. Notification....................................................................... 14 F.
Representation by Landlord. Landlord hereby represents and warrants to Tenant, except as outlined in the Levixx Xxxcxx xxxort dated 12/21/88 & 3/17/89 to the best of Landlord's knowledge: (i) the Premises and all operations conducted thereon prior to the Commencement Date are in compliance with all Laws regarding Hazardous Materials ("Hazardous Materials Laws"), and (ii) any handling, transportation, storage, treatment, disposal, release or use of Hazardous Materials that has occurred on or about the Premises prior to the Commencement Date has been in compliance with all Hazardous Materials Laws. Tenant acknowledges reviewing the correspondence dated March 1, 1990 from the Department of Health Services concerning the "mixing" that occurred with respect to DDT at the Project. Landlord further represents and warrants that no litigation has been brought or threatened, nor any settlements reached with any governmental or private party, concerning the actual or alleged presence of Hazardous Materials on or about the Premises, nor has Landlord received any notice of any violation, or any alleged violation of any Hazardous Materials Laws, pending claims or pending investigations with respect to the presence of Hazardous Materials on or about the Premises.
Representation by Landlord. Landlord represents and warrants to Assignee that (i) Exhibit A attached hereto is a true and correct copy of the entire Lease and there have been no amendments or modifications thereto, (ii) the Lease represents a valid and binding obligation of the Landlord in accordance with its terms, and (iii) except as to payment of the invoice attached hereto as Exhibit B, which remains outstanding as of the date hereof, Landlord has no current actual knowledge that there has occurred an event which would constitute any breach of or default in any provision of the Lease or which would permit the acceleration or termination of any obligation of any party thereto, or which would give rise to any of the foregoing upon the giving of notice or lapse of time or both.
Representation by Landlord. Except as disclosed in the Phase I Environmental Site Assessment dated January 12, 1999 and prepared by Northern Environmental and the Soil and Ground-Water Sampling Results dated February 19, 1999 and prepared by Northern Environmental, Landlord represents that to Landlord's knowledge, the Premises and the Facility are free from contamination by Hazardous Materials. Landlord shall not cause or permit any Hazardous Material to be brought on, kept, stored or used in or about the Facility in violation of any Environmental Laws. Landlord shall indemnify and hold Tenant harmless from and against any and all claims, actions, damages, liabilities and costs (including reasonable attorneys' fees, disbursements, costs and expenses of investigation) incurred by Tenant or its agents arising out of or from the contamination by Hazardous Materials of the Premises or Facility or violation of Environmental Laws which occurred prior to the date of Tenant's initial occupancy of the Facility, except to the extent such contamination or violation was caused by Tenant or its agents.
Representation by Landlord. Landlord represents that to Landlord's knowledge, without independent investigation, the Premises and the Facility are free from contamination by Hazardous Materials. Landlord shall not cause or permit any Hazardous Material to be brought on, kept, stored or used in or about the Facility in violation of any Environmental Laws. Landlord shall indemnify and hold Tenant harmless from and against any and all claims, actions, damages, liabilities and costs (including reasonable attorneys' fees) incurred by Tenant or its agents arising out of or from the contamination by Hazardous Materials of the Premises or Facility or violation of Environmental Laws which occurred prior to the date of this Lease, except to the extent such contamination or violation was caused by Tenant or its agents.
