Common use of Representations and Warranties of Contractor Clause in Contracts

Representations and Warranties of Contractor. Contractor represents and warrants to the Owner that: (a) Contractor is duly organized, validly existing and in good standing as a contractor and licensed contractor under the laws of the State, with full corporate power and authority to lease and own real and personal property; (b) Contractor has full power, authority and legal right to enter into and perform its obligations under this Sublease, and the execution, delivery and performance of this Sublease have been duly authorized by all necessary corporate actions on the part of Contractor and do not require any further approvals or consents; (c) The execution, delivery, and performance of this Sublease do not and will not result in any breach of or constitute a default under any indenture, mortgage, contract, agreement, or instrument to which Contractor is a party by which it or its property is bound; (d) There is no pending or, to the knowledge of Contractor, threatened action, or proceeding before any court or administrative agency that will materially adversely affect the ability of Contractor to perform its obligations under this Sublease; (e) Contractor will not mortgage or encumber the Site or the Sublease or assign this Sublease or its rights to receive Sublease payments hereunder, except as permitted herein.

Appears in 2 contracts

Samples: Sublease Agreement, Lease Leaseback Sublease Agreement

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Representations and Warranties of Contractor. Contractor represents and warrants to the Owner that: (a) Contractor is duly organized, validly existing and in good standing as a contractor corporation and licensed contractor under the laws of the StateState of California, with full corporate power and authority to lease and own real and personal property; (b) Contractor has full power, authority and legal right to enter into and perform its obligations under this Sublease, and the execution, delivery and performance of this Sublease have been duly authorized by all necessary corporate actions on the part of Contractor and do not require any further approvals or consents; (c) The execution, delivery, and performance of this Sublease do not and will not result in any breach of or constitute a default under any indenture, mortgage, contract, agreement, or instrument to which Contractor is a party by which it or its property is bound; (d) There is no pending or, to the knowledge of Contractor, threatened action, or proceeding before any court or administrative agency that will materially adversely affect the ability of Contractor to perform its obligations under this Sublease;; and (e) Contractor will not mortgage or encumber the Site or the Sublease or assign this Sublease or its rights to receive Sublease payments hereunderpayments, except as permitted hereinunder this Sublease.

Appears in 2 contracts

Samples: Lease Leaseback Sublease Agreement, Lease Leaseback Agreement

Representations and Warranties of Contractor. Contractor represents and warrants to the Owner that: (a) Contractor is duly organized, validly existing and in good standing as a contractor [corporation] and licensed contractor under the laws of the StateState of California, with full corporate power and authority to lease and own real and personal property; (b) Contractor has full power, authority and legal right to enter into and perform its obligations under this Sublease, and the execution, delivery and performance of this Sublease have been duly authorized by all necessary corporate actions on the part of Contractor and do not require any further approvals or consents; (c) The execution, delivery, and performance of this Sublease do not and will not result in any breach of or constitute a default under any indenture, mortgage, contract, agreement, or instrument to which Contractor is a party by which it or its property is bound; (d) There is no pending or, to the knowledge of Contractor, threatened action, or proceeding before any court or administrative agency that will materially adversely affect the ability of Contractor to perform its obligations under this Sublease; (e) Contractor will not mortgage or encumber the Site or the Sublease or assign this Sublease or its rights to receive Sublease payments hereunderpayments, except as permitted hereinunder this Sublease.

Appears in 2 contracts

Samples: Lease Leaseback Sublease Agreement, Lease Leaseback Sublease Agreement

Representations and Warranties of Contractor. Contractor represents and warrants to the Owner that: (a) Contractor is duly organized, validly existing and in good standing as a contractor corporation and licensed contractor under the laws of the StateState of California, with full corporate power and authority to lease and own real and personal property; (b) Contractor has full power, authority and legal right to enter into and perform its obligations under this Sublease, and the execution, delivery and performance of this Sublease have been duly authorized by all necessary corporate actions on the part of Contractor and do not require any further approvals or consents; (c) The execution, delivery, and performance of this Sublease do not and will not result in any breach of or constitute a default under any indenture, mortgage, contract, agreement, or instrument to which Contractor is a party by which it or its property is bound; (d) There is no pending or, to the knowledge of Contractor, threatened action, or proceeding before any court or administrative agency that will materially adversely affect the ability of Contractor to perform its obligations under this Sublease; (e) Contractor will not mortgage or encumber the Site or the Sublease or assign this Sublease or its rights to receive Sublease payments hereunderpayments, except as permitted hereinunder this Sublease.

Appears in 1 contract

Samples: Lease Leaseback Sublease Agreement

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Representations and Warranties of Contractor. Contractor represents and warrants to the Owner that: (a) Contractor is duly organized, validly existing and in good standing as a contractor corporation and licensed contractor under the laws of the StateState of California, with full corporate power and authority to lease and own real and personal property; (b) Contractor has full power, authority and legal right to enter into and perform its obligations under this Sublease, and the execution, delivery and performance of this Sublease have been duly authorized by all necessary corporate actions on the part of Contractor and do not require any further approvals or consents; (c) The execution, delivery, and performance of this Sublease do not and will not result in any breach of or constitute a default under any indenture, mortgage, contract, agreement, or instrument to which Contractor is a party by which it or its property is bound; (d) There is no pending or, to the knowledge of Contractor, threatened action, or proceeding before any court or administrative agency that will materially adversely affect the ability of Contractor to perform its obligations under this Sublease; (e) Contractor will not mortgage or encumber the Site or the Sublease or assign this Sublease or its rights to receive Sublease payments hereunderpayments, except as permitted hereinunder this Sublease.

Appears in 1 contract

Samples: Lease Leaseback Sublease Agreement

Representations and Warranties of Contractor. Contractor represents and warrants to the Owner Own- er that: (a) Contractor is duly organized, validly existing and in good standing as a contractor [corporation] and licensed li- censed general contractor under the laws of the StateState of California, with full corporate power and authority to lease and own real and personal property; (b) Contractor has full power, authority and legal right to enter into and perform its obligations under this Sublease, and the execution, delivery and performance of this Sublease have been duly authorized by all necessary corporate actions on the part of Contractor and do not require any further fur- ther approvals or consents; (c) The execution, delivery, and performance of this Sublease do not and will not result in any breach of or constitute a default under any indenture, mortgage, contract, agreement, or instrument to which Contractor is a party by which it or its property is bound; (d) There is no pending or, to the knowledge of Contractor, threatened action, or proceeding before be- fore any court or administrative agency that will materially adversely affect the ability of Contractor to perform its obligations under this Sublease; (e) Contractor will not mortgage or encumber the Site or the Sublease or assign this Sublease or its rights to receive Sublease payments hereunderpayments, except as permitted hereinunder this Sublease.

Appears in 1 contract

Samples: Lease Leaseback Sublease Agreement

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