Common use of Representations and Warranties of Landlord Clause in Contracts

Representations and Warranties of Landlord. Landlord hereby represents, warrants and covenants that: (a) Landlord has full right and lawful authority to enter into and perform Landlord's obligations under this Lease for the full Term of the Lease; (b) Landlord owns and has good and marketable title to the Land in fee simple, and no title matters affecting or encumbering said Land restrict or impede the improvement of the Premises and/or the use and occupancy of the Premises as contemplated by this Lease; (c) The RETAIL AREA is zoned in conformity with applicable laws in a manner permitting the improvement of the Premises and the use and occupancy of the Premises for the permitted uses and other retail and related purposes as provided and/or contemplated hereunder; (d) Landlord has not received any notice of a pending or threatened actions or legal proceedings (including, without limitation, condemnation proceedings) affecting the Land or Landlord's interests therein; (e) All public rights-of-way shown on Exhibit "B" and "C" attached hereto as being adjacent to the Land abut the Land, as shown, and permit unrestricted ingress and egress between the Land and all such rights-of-way; (f) All utilities necessary for the full use and operation (each as contemplated hereunder) of the Premises by Tenant are available for tie-in at the perimeter of the Premises; and (g) The Premises and the building in which such Premises are situated, as of the Commencement Date, will be in compliance with all applicable laws, ordinances, rules and regulations and, to the best of Landlord's knowledge, as of the date hereof, the Premises and the building in which the Premises are situated contain no latent defects or conditions which have not been heretofore expressly disclosed in writing by Landlord to Tenant. (h) Landlord has obtained all approvals which are necessary or requisite to execute this Lease, and to permit the lease and use of the Premises as contemplated hereunder and to bind the Landlord.

Representations and Warranties of Landlord. Landlord hereby represents, represents and warrants and covenants thatto Tenant as follows: (a) 32.1 Landlord has full right is the owner of good, marketable and lawful authority to enter into and perform Landlord's obligations under this Lease for the full Term of the Lease; (b) Landlord owns and has good and marketable insurable title to the Land in fee simpleupon which the Building is located. Such title is free and clean of all liens and encumbrances other than those set forth on that certain owner’s policy of title insurance issued by Commonwealth Land Title Insurance Company as Policy Xx. X000000 dated June 15, 2001, and no title matters affecting or encumbering said Land restrict or impede shall remain that way except for subsequent financing obtained by Landlord in connection with the improvement construction and financing of the Premises and/or the use and occupancy of the Premises as contemplated by this Lease; (c) The RETAIL AREA is zoned in conformity with applicable laws in a manner permitting the improvement of the Premises and the use and occupancy of the Premises for the permitted uses and other retail and related purposes as provided and/or contemplated hereunder; (d) Landlord has not received any notice of a pending or threatened actions or legal proceedings (including, without limitation, condemnation proceedings) affecting the Land or Landlord's interests therein; (e) All public rights-of-way shown on Exhibit "B" and "C" attached hereto as being adjacent to the Land abut the Land, as shown, and permit unrestricted ingress and egress between the Land and Building. 32.2 Landlord has obtained and shall maintain all permits, approvals and easements as are necessary relating to the Private Communication Ductbank (as defined below), and shall continue such rightsmaintenance and make such repairs and approvals as are necessary with reasonable expedition. If Landlord defaults in its obligations under this Section 32.2 resulting in a “Shut-of-way; Down Condition”, Tenant shall have the right to perform Landlord’s obligations as provided in Section 5.2. For purposes hereof, the “Private Communications Ductbank” means the two (f2) All utilities necessary for independent and redundant conduit ductbanks between the full use and operation (each as contemplated hereunder) of the Premises by Tenant are available for tie-in at the perimeter of the Premises; and (g) The Demised Premises and the building in located at 000 Xxxxxxx Xxxxxxxxx, Xxxxxxxxx, Xxx Xxxxxx, each of which such Premises are situatedcontains four (4) four inch (4”) diameter conduits. All costs incurred by Landlord to maintain and repair the Private Communication Ductbank and all governmental charges, as taxes, impositions, and fees of every nature relating to the Commencement DatePrivate Communications Ductbank shall be charged, will be in compliance with all applicable laws, ordinances, rules and regulations andper capita, to the best of Landlord's knowledge, as tenants of the date hereofLandlord and its affiliates who are connected to the Private Communications Ductbank (currently same include 000 Xxxxxxxx Xxxxxxxxx, the Premises 000 Xxxxxxxx Xxxxxxxxx and the building in which Demised Premises) and Tenant agrees to reimburse the Premises are situated contain no latent defects or conditions which have not been heretofore expressly disclosed in writing by Landlord for Tenant’s per capita share of all such costs and expenses as Additional Rent pursuant to Tenant. (h) Landlord has obtained all approvals which are necessary or requisite to execute Section 3.1C of this Lease, and to permit the lease and use of the Premises as contemplated hereunder and to bind the Landlord.

Representations and Warranties of Landlord. Landlord hereby represents, represents and warrants and covenants thatto Tenant as follows: (a) 32.1 Landlord has full right is the owner of good, marketable and lawful authority to enter into and perform Landlord's obligations under this Lease for the full Term of the Lease; (b) Landlord owns and has good and marketable insurable title to the Land in fee simpleupon which the Building is located. Such title is free and clean of all liens and encumbrances other than those set forth on those certain owner’s policy of title insurance issued by Commonwealth Land Title Insurance Company as Policy Xx. X000000 dated December 15, 2000, and no title matters affecting or encumbering said Land restrict or impede shall remain that way except for subsequent financing obtained by Landlord in connection with the improvement construction and financing of the Premises and/or the use and occupancy of the Premises as contemplated by this Lease; (c) The RETAIL AREA is zoned in conformity with applicable laws in a manner permitting the improvement of the Premises and the use and occupancy of the Premises for the permitted uses and other retail and related purposes as provided and/or contemplated hereunder; (d) Landlord has not received any notice of a pending or threatened actions or legal proceedings (including, without limitation, condemnation proceedings) affecting the Land or Landlord's interests therein; (e) All public rights-of-way shown on Exhibit "B" and "C" attached hereto as being adjacent to the Land abut the Land, as shown, and permit unrestricted ingress and egress between the Land and Building. 32.2 Landlord has obtained and shall maintain all permits, approvals and easements as are necessary relating to the Private Communication Ductbank (as defined below), and shall continue such rightsmaintenance and make such repairs and approvals as are necessary with reasonable expedition. If Landlord defaults in its obligations under this Section 32.2 resulting in a “Shut-of-way; Down Condition”, Tenant shall have the right to perform Landlord’s obligations as provided in Section 5.2. For purposes hereof, the “Private Communications Ductbank” means the two (f2) All utilities necessary for independent and redundant conduit ductbanks between the full use and operation (each as contemplated hereunder) of the Premises by Tenant are available for tie-in at the perimeter of the Premises; and (g) The Demised Premises and the building in located at 000 Xxxxxxxxxx Xxxxxx, Xxxxxxxxx, Xxx Xxxxxx, each of which such Premises are situatedcontains four (4) four inch (4”) diameter conduits. All costs incurred by Landlord to maintain and repair the Private Communication Ductbank and all governmental charges, as taxes, impositions, and fees of every nature relating to the Commencement DatePrivate Communications Ductbank shall be charged, will be in compliance with all applicable laws, ordinances, rules and regulations andper capita, to the best of Landlord's knowledge, as tenants of the date hereofLandlord and its affiliates who are connected to the Private Communications Ductbank (currently same include 000 Xxxxxxxx Xxxxxxxxx, the Premises 000 Xxxxxxxx Xxxxxxxxx and the building in which Demised Premises) and Tenant agrees to reimburse the Premises are situated contain no latent defects or conditions which have not been heretofore expressly disclosed in writing by Landlord for Tenant’s per capita share of all such costs and expenses as Additional Rent pursuant to Tenant. (h) Landlord has obtained all approvals which are necessary or requisite to execute Section 3.1C of this Lease, and to permit the lease and use of the Premises as contemplated hereunder and to bind the Landlord.

Representations and Warranties of Landlord. Landlord hereby represents, represents and warrants and covenants thatto Tenant as follows: (a) Landlord has full right 32.1 The Demised Premises will comply with all applicable requirements of State, County, City and lawful authority to enter into and perform Landlord's obligations under this Lease for the full Term local authorities as of the Lease;Commencement Date. Landlord shall, at its own cost and expense, promptly execute and comply with any statutes, ordinances, rules, orders, regulations, and requirements of all governmental or quasi-governmental authorities (including, but not limited to, the Americans with Disabilities Act), and of their departments or bureaus, which may now or hereafter be applicable to the Parking Lot and exterior entryways to the Demised Premises as of the Commencement Date. Landlord shall promptly correct and xxxxx any such violations not caused by Tenant, its agents, employees, affiliates and/or contractors, at Landlord’s own cost and expense (and NOT as Additional Rent). 32.2 The Landlord’s Premises (bexcluding the Demised Premises) as of the Commencement Date (i) will comply with applicable governmental requirements (including zoning laws and regulations, land use planning and environmental requirements), and (ii) shall be free of any liens of subcontractors, materialmen and the like filed pursuant to the New Jersey Mechanics Lien Law (R.S. 2A:44-64, et seq.). Similarly, Landlord owns shall have obtained all required permits and has good approvals associated therewith. 32.3 Landlord is the owner of good, marketable and marketable insurable title to the Land upon which the Building is located. Such title is free and clean of all liens and encumbrances other than those set forth on those certain owner’s policy of title insurance issued by Commonwealth Land Title Insurance Company as Policy Xx. X000000 dated September 15, 2000 and same being recorded in fee simplethe Bergen County Book 10472, page 536, and no title matters affecting or encumbering said Land restrict or impede shall remain that way except for subsequent financing obtained by Landlord in connection with the improvement construction and financing of the Premises and/or the use Land and occupancy Building. 32.4 As of the Commencement Date, gas, electric, water, sewer, and storm drain utilities will be available and connected at the Building and to the Demised Premises. Tenant shall have the right at Tenant’s sole cost and expense to obtain a secondary electric line to service the Demised Premises and its appurtenances, subject to Landlord’s consent as contemplated by this Lease; (c) The RETAIL AREA is zoned in conformity with applicable laws in a manner permitting to the improvement placement and installation of the Premises and the use and occupancy of the Premises for the permitted uses and other retail and related purposes as provided and/or contemplated hereunder;secondary line, which shall not be unreasonably withheld, delayed or conditioned. (d) 32.5 Landlord has not received any notice of a pending notices from DEP or threatened actions or legal proceedings (including, without limitation, condemnation proceedings) affecting the Land or any other governmental authority having jurisdiction over environmental matters with respect to Landlord's interests therein; (e) All public rights-of-way shown on Exhibit "B" and "C" attached hereto as being adjacent to the Land abut the Land, as shown’s Premises, and permit unrestricted ingress and egress between the Land and all such rights-of-way; (f) All utilities necessary for the full use and operation (each as contemplated hereunder) of the Premises by Tenant are available for tie-in at the perimeter of the Premises; and (g) The Premises and the building in which such Premises are situated, as of the Commencement Date, will be in compliance with all applicable laws, ordinances, rules and regulations and, to the best of Landlord's ’s knowledge, there has not been any intentional or unintentional action or omission in connection with the Landlord’s Premises resulting in a Release, which Release requires cleanup under applicable Environmental Laws. If a Release is a pre-existing condition, Landlord shall comply with its obligations under Section 10.4. 32.6 Landlord shall obtain and shall maintain all permits, approvals and easements as of are necessary to permit Tenant, directly or through contractors, including Landlord’s affiliated companies, at Tenant’s expense, to install, maintain, repair and replace the date hereof, Private Communication Ductbank (as defined in Section 45.1 below) between the Demised Premises and the building existing Private Communication Ductbank serving Tenant’s other leased premises located at 000 Xxxxxxx Xxxxxxxxx and 000 Xxxxxxxxxx Xxxxxx, Xxxxxxxxx, Xxx Xxxxxx, and shall continue such maintenance and make such repairs and maintain such approvals as are necessary with reasonable expediency. Notwithstanding the provisions of Section 13.1 to the contrary, if Landlord defaults in which its obligations under this Section 32.6 and Article 13, Tenant shall have the Premises are situated contain no latent defects right to perform Landlord’s obligations and to recover the reasonable cost together with reasonable counsel fees and costs from the Landlord in an action at law, or conditions which have not been heretofore expressly disclosed Tenant may, alternatively, resolve such dispute pursuant to the arbitration process described in writing by Landlord to TenantSection 4.6 above. 32.7 During the Term and, if applicable, any renewal Term, and on the express conditions precedent that (ha) Tenant shall not allow an Event of Default that is not timely cured by the Tenant, nor (b) give notice of early termination to Landlord, nor (c) permanently cease its disaster recovery operations at the Demised Premises, Landlord has obtained all approvals shall not lease any space in the Building on Landlord’s Premises nor sell Landlord’s Premises or the Building to any of Tenant’s competitors who are named on Schedule “F” annexed hereto and made a part hereof, and their successors which are necessary competitors of Tenant’s disaster recovery business, provided that and subject to the limitation that at no time shall the list of such competitors or requisite their successors exceed a total of five (5) entities as to execute which Landlord is restricted. 32.8 The property is located in the Light Industrial “A” zone of the New Jersey Meadowlands District. 32.9 Landlord and its affiliates shall not charge a fee associated with the management of the Demised Premises as a common expense recoverable from Tenant under Section 3.1C of this Lease, and to permit the lease and use of the Premises as contemplated hereunder and to bind the Landlord.

Representations and Warranties of Landlord. Landlord hereby represents, represents and warrants and covenants thatto Tenant as follows: (a) 32.1 The Landlord has full right Improvements will comply with all applicable requirements of State, County, City and lawful authority to enter into and perform Landlord's obligations under this Lease for the full Term local authorities as of the Lease;Substantial Completion Date. Landlord shall, at its own cost and expense, promptly execute and comply with any statutes, ordinances, rules, orders, regulations, and requirements of all governmental or quasi-governmental authorities (including, but not limited to, the Americans with Disabilities Act), and of their departments or bureaus, which may now or hereafter be applicable to the Parking Lot and exterior entryways to the Landlord Improvements as of the Substantial Completion Date. Landlord shall promptly correct and xxxxx any such violations not caused by Tenant, its agents, employees, affiliates and/or contractors, at Landlord’s own cost and expense (and NOT as Additional Rent). 32.2 The Landlord’s Premises (bexcluding the Demised Premises) when completed (i) will comply with applicable governmental requirements (including zoning laws and regulations, land use planning and environmental requirements), and (ii) shall be free of any liens of subcontractors, materialmen and the like filed pursuant to the New Jersey Mechanics Lien Law (R.S. 2A:44-64, et seq.). Similarly, Landlord owns shall have obtained all required permits and has good approvals associated therewith. 32.3 Landlord is the owner of good, marketable and marketable insurable title to the Land in fee simpleupon which the Building is located. Such title is free and clean of all liens and encumbrances other than those set forth on those certain owner’s policy of title insurance issued by Commonwealth Land Title Insurance Company as Policy Xx. X000000 dated June 15, 2001, and no title matters affecting or encumbering said Land restrict or impede Policy Xx. X000000 dated June 15, 2001, and shall remain that way except for subsequent financing obtained by Landlord in connection with the improvement construction and financing of the Premises and/or the use Land and occupancy Building. 32.4 As of the Rent Commencement Date, gas, electric, water, sewer, and storm drain utilities will be available and connected at the Building and to the Demised Premises as contemplated provided in the Landlord Specifications. In addition to the foregoing, Landlord has instructed Public Service Electric and Gas Company (PSE&G) to complete an engineering study in order to determine the feasibility of providing a secondary power service to the Landlord’s Premises pursuant to Tenant’s request, which work may not be complete by this Lease; (c) The RETAIL AREA is zoned the Rent Commencement Date. Landlord and Tenant shall work together in conformity an expeditious manner and in good faith, with applicable laws PSE&G in a manner permitting the improvement design and specification of the Premises and required electric service to the use and occupancy of the Premises Landlord’s Premises. Landlord shall install all underground conduits for the permitted uses and other retail and related purposes electric service, the cost of which shall be allocated against Tenant Allowance #3 as provided and/or contemplated hereunder;described in the Landlord Specifications. (d) 32.5 Landlord has not received any notice of a pending notices from DEP or threatened actions or legal proceedings (including, without limitation, condemnation proceedings) affecting the Land or any other governmental authority having jurisdiction over environmental matters with respect to Landlord's interests therein; (e) All public rights-of-way shown on Exhibit "B" and "C" attached hereto as being adjacent to the Land abut the Land, as shown’s Premises, and permit unrestricted ingress and egress between the Land and all such rights-of-way; (f) All utilities necessary for the full use and operation (each as contemplated hereunder) of the Premises by Tenant are available for tie-in at the perimeter of the Premises; and (g) The Premises and the building in which such Premises are situated, as of the Commencement Date, will be in compliance with all applicable laws, ordinances, rules and regulations and, to the best of Landlord's ’s knowledge, there has not been any intentional or unintentional action or omission in connection with the Landlord’s Premises resulting in a Release, which Release requires cleanup under applicable Environmental Laws. If a Release is a pre-existing condition, Landlord shall comply with its obligations under Section 10.4. 32.6 Landlord shall obtain and shall maintain all permits, approvals and easements as of are necessary to install, maintain, repair and replace the date hereof, Private Communication Ductbank (as defined in Section 45.1 below) between the Demised Premises and the building located at 000 Xxxxxxx Xxxxxxxxx, Xxxxxxxxx, Xxx Xxxxxx, and shall continue such maintenance and make such repairs and approvals as are necessary with reasonable expedition. Notwithstanding the provisions of Article 13.1 to the contrary, if Landlord defaults in which its obligations under this Article 32.6 and Article 13, Tenant shall have the Premises are situated contain no latent defects right to perform Landlord’s obligations, or conditions which have not been heretofore expressly disclosed Tenant may, alternatively, resolve such dispute pursuant to the arbitration process described in writing by Landlord to TenantSection 4.6 above. 32.7 During the Term and, if applicable, any renewal Term, and on the express conditions precedent that (ha) Tenant shall not allow an Event of Default that is not timely cured by the Tenant, nor (b) give notice of early termination to Landlord, nor (c) permanently cease its disaster recovery operations at the Demised Premises, Landlord has obtained all approvals shall not lease any space in the Building on Landlord’s Premises nor sell Landlord’s Premises or the Building to any of Tenant’s competitors who are named on Schedule “F” annexed hereto and made a part hereof, and their successors which are necessary competitors of Tenant’s disaster recovery business, provided that and subject to the limitation that at no time shall the list of such competitors or requisite their successors exceed a total of five (5) entities as to execute this Lease, and to permit the lease and use of the Premises as contemplated hereunder and to bind the Landlordwhich Landlord is restricted.

Representations and Warranties of Landlord. Landlord hereby represents, represents and warrants and covenants that: that as of the date of this Sublease (a) Landlord has full right and lawful authority to enter into and perform Landlord's obligations under this Lease for the full Term copy of the Lease; Xxxxxxxxx attached hereto as Exhibit A is a true and complete copy of the Xxxxxxxxx and except as set forth therein or herein, there are no additional amendments, modifications or other agreements between Landlord and the Overlandlord with respect to the Subleased Premises, (b) Landlord owns the Xxxxxxxxx is in full force and has good and marketable title to the Land in fee simpleeffect, and no title matters affecting or encumbering said Land restrict or impede the improvement of the Premises and/or the use and occupancy of the Premises as contemplated by this Lease; (c) The RETAIL AREA is zoned in conformity with applicable laws in a manner permitting the improvement of the Premises and the use and occupancy of the Premises for the permitted uses and other retail and related purposes as provided and/or contemplated hereunder; (d) Landlord has not received any written notice of a pending or threatened actions or legal proceedings (including, without limitation, condemnation proceedings) affecting the Land or Landlord's interests therein; (e) All public rights-of-way shown on Exhibit "B" and "C" attached hereto as being adjacent to the Land abut the Land, as shown, and permit unrestricted ingress and egress between the Land and all such rights-of-way; (f) All utilities necessary for the full use and operation (each as contemplated hereunder) from Overlandlord that Landlord is in default of the Premises by Tenant are available Lease, except for tie-in at the perimeter of the Premises; and any default which has heretofore been cured, (gd) The Premises and the building in which such Premises are situated, as of the Commencement Date, will be in compliance with all applicable laws, ordinances, rules and regulations and, to the best of Landlord's knowledge’s knowledge there are no defaults on the part of either the Overlandlord or Landlord under the Xxxxxxxxx and no event has occurred which, as with the giving of notice and the passage of time, would constitute a default under the Xxxxxxxxx, (e) Landlord is in full and complete possession of the date hereof, the Subleased Premises and has not assigned or sublet any portion of the building in which the Premises are situated contain no latent defects or conditions which have not been heretofore expressly disclosed in writing by Landlord to Tenant. Subleased Premises, (hf) Landlord has obtained all approvals which are necessary not previously sold, transferred, assigned or requisite to execute this Leaseencumbered the Landlord’s interest in the Subleased Premises, and (g) to permit the lease and use best of Landlord’s knowledge neither Landlord nor Landlord’s employees, agents or contractors have released any Hazardous Materials on the Subleased Premises in violation of law. In no event shall Subtenant be responsible for any remediation of Hazardous Materials identified in Exhibit “I” of the Premises as contemplated hereunder and Xxxxxxxxx which were at the Building prior to bind the Landlordcommencement date of the Xxxxxxxxx or were released by Landlord or its employees, agents or contractors at the Building, except to the extent that the same are exacerbated by the negligence or willful misconduct of Subtenant or its employees, agents, contractors, invitees or licensees.

Representations and Warranties of Landlord. Landlord hereby represents, represents and warrants and covenants thatto Tenant as follows: 32.1 The Landlord Improvements will comply with all applicable requirements of State, County, City and local authorities as of the Substantial Completion Date. Landlord shall, at its own cost and expense, promptly execute and comply with any statutes, ordinances, rules, orders, regulations, and requirements of all governmental or quasi-governmental authorities (a) including, but not limited to, the Americans with Disabilities Act), and of their departments or bureaus, which may now or hereafter be applicable to the Parking Lot and exterior entryways to the Landlord has full right Improvements as of the Substantial Completion Date. Landlord shall promptly correct and lawful authority to enter into and perform xxxxx any such violations not caused by Tenant, its agents, employees, affiliates and/or contractors, at Landlord's obligations under this Lease for own cost and expense (and NOT as Additional Rent). 32.2 The Landlord's Premises (excluding the full Term Demised Premises) when completed (i) will comply with applicable governmental requirements (including zoning laws and regulations, land use planning and environmental requirements), and (ii) shall be free of any liens of subcontractors, materialmen and the Lease;like filed pursuant to the New Jersey Mechanics Lien Law (R.S. 2A:44-64, et seq.). Similarly, Landlord shall have obtained all required permits and approvals associated therewith. (b) 32.3 Landlord owns is the owner of good, marketable and has good and marketable insurable title to the Land in fee simpleupon which the Building is located. Such title is free and clean of all liens and encumbrances other than those set forth on those certain owner's policy of title insurance issued by Commonwealth Land Title Insurance Company as Policy Xx. X000000 dated June 15, 2001, and no title matters affecting or encumbering said Land restrict or impede Policy Xx. X000000 dated June 15, 2001, and shall remain that way except for subsequent financing obtained by Landlord in connection with the improvement construction and financing of the Premises and/or the use Land and occupancy Building. 32.4 As of the Rent Commencement Date, gas, electric, water, sewer, and storm drain utilities will be available and connected at the Building and to the Demised Premises as contemplated provided in the Landlord Specifications. In addition to the foregoing, Landlord has instructed Public Service Electric and Gas Company (PSE&G) to complete an engineering study in order to determine the feasibility of providing a secondary power service to the Landlord's Premises pursuant to Tenant's request, which work may not be complete by this Lease; (c) The RETAIL AREA is zoned the Rent Commencement Date. Landlord and Tenant shall work together in conformity an expeditious manner and in good faith, with applicable laws PSE&G in a manner permitting the improvement design and specification of the Premises and required electric service to the use and occupancy of the Premises Landlord's Premises. Landlord shall install all underground conduits for the permitted uses and other retail and related purposes electric service, the cost of which shall be allocated against Tenant Allowance #3 as provided and/or contemplated hereunder;described in the Landlord Specifications. (d) 32.5 Landlord has not received any notice of a pending notices from DEP or threatened actions or legal proceedings (including, without limitation, condemnation proceedings) affecting the Land or any other governmental authority having jurisdiction over environmental matters with respect to Landlord's interests therein; (e) All public rights-of-way shown on Exhibit "B" and "C" attached hereto as being adjacent to the Land abut the Land, as shownPremises, and permit unrestricted ingress and egress between the Land and all such rights-of-way; (f) All utilities necessary for the full use and operation (each as contemplated hereunder) of the Premises by Tenant are available for tie-in at the perimeter of the Premises; and (g) The Premises and the building in which such Premises are situated, as of the Commencement Date, will be in compliance with all applicable laws, ordinances, rules and regulations and, to the best of Landlord's knowledge, there has not been any intentional or unintentional action or omission in connection with the Landlord's Premises resulting in a Release, which Release requires cleanup under applicable Environmental Laws. If a Release is a pre-existing condition, Landlord shall comply with its obligations under Section 10.4. 32.6 Landlord shall obtain and shall maintain all permits, approvals and easements as of are necessary to install, maintain, repair and replace the date hereof, Private Communication Ductbank (as defined in Section 45.1 below) between the Demised Premises and the building located at 000 Xxxxxxx Xxxxxxxxx, Xxxxxxxxx, Xxx Xxxxxx, and shall continue such maintenance and make such repairs and approvals as are necessary with reasonable expedition. Notwithstanding the provisions of Article 13.1 to the contrary, if Landlord defaults in which its obligations under this Article 32.6 and Article 13, Tenant shall have the Premises are situated contain no latent defects right to perform Landlord's obligations, or conditions which have not been heretofore expressly disclosed Tenant may, alternatively, resolve such dispute pursuant to the arbitration process described in writing by Landlord to TenantSection 4.6 above. 32.7 During the Term and, if applicable, any renewal Term, and on the express conditions precedent that (ha) Tenant shall not allow an Event of Default that is not timely cured by the Tenant, nor (b) give notice of early termination to Landlord, nor (c) permanently cease its disaster recovery operations at the Demised Premises, Landlord has obtained all approvals shall not lease any space in the Building on Landlord's Premises nor sell Landlord's Premises or the Building to any of Tenant's competitors who are named on Schedule "F" annexed hereto and made a part hereof, and their successors which are necessary competitors of Tenant's disaster recovery business, provided that and subject to the limitation that at no time shall the list of such competitors or requisite their successors exceed a total of five (5) entities as to execute this Lease, and to permit the lease and use of the Premises as contemplated hereunder and to bind the Landlordwhich Landlord is restricted.