Representations and Warranties of the Owner. The Owner represents and warrants to Contractor that: (a) The Owner has good and merchantable fee title to the Site and has authority to enter into and perform its obligations under this Site Lease; (b) There are no liens on the Site other than permitted encumbrances; (c) All taxes, assessments, or impositions of any kind with respect to the Site, if applicable, except current taxes, have been paid in full; (d) The Site is properly zoned for the intended purpose and utilization of it or the Owner intends to render zoning inapplicable pursuant to Government Code section 53094; (e) The Owner is in compliance with all laws, regulations, ordinances and orders of public authorities applicable to the Site; (f) There is no litigation of any kind currently pending or threatened regarding the Site or the Owner’s use of the Site for the purposes contemplated by this Site Lease, the Sublease, and the Lease- Leaseback Agreement; (g) To the best of the Owner’s knowledge, after actual inquiry: (i) other than those addressed in the Scope of Work, as set forth in the Lease-Leaseback Agreement, no dangerous, toxic or hazardous pollutants, contaminants, chemicals, waste, materials or substances, as defined in or governed by the provisions of any State or Federal Law relating thereto (hereinafter collectively called “Environmental Regulations”), and also including, but not limited to, urea-formaldehyde, polychlorinated biphenyls, asbestos, asbestos containing materials, nuclear fuel or waste, radioactive materials, explosives, carcinogens and petroleum products, or any other waste, material, substance, pollutant or contaminant which would subject the owner of the Site or Contractor or Contractor’s subcontractors to any damages, penalties or liabilities under any applicable Environmental Regulation (hereinafter collectively called “Hazardous Substances”), are now or have been stored, located, generated, produced, processed, treated, transported, incorporated, discharged, emitted, released, deposited or disposed of in, upon, under, over or from the Site; (ii) no threat exists of a discharge, release or emission of a Hazardous Substance upon or from the Site into the environment; (iii) the Site has not been used as or for a mine, a landfill, a dump or other disposal facility, industrial or manufacturing facility, or a gasoline service station; (iv) no underground storage tank is now located in the Site; (v) no violation of any Environmental Regulation now exists relating to the Site, no notice of any such violation or any alleged violation thereof has been issued or given by any governmental entity or agency, and there is not now any investigation or report involving the Site by any governmental entity or agency which in any way relates to Hazardous Substances; (vi) no person, party, or private or governmental agency or entity has given any notice of or asserted any claim, cause of action, penalty, cost or demand for payment or compensation, whether or not involving any injury or threatened injury to human health, the environment or natural resources, resulting or allegedly resulting from any activity or event described in (i) above; (vii) there are not now any actions, suits, proceedings or damage settlements relating in any way to Hazardous Substances, in, upon, under over or from the Site; (viii) the Site is not listed in the United States Environmental Protection Agency's National Priorities List of Hazardous Waste Sites or any other list of Hazardous Substance sites maintained by any federal, state or local governmental agency; and (ix) the Site is not subject to any lien or claim for lien or threat of a lien in favor of any governmental entity or agency as a result of any release or threatened release of any Hazardous Substance. (h) To the extent permitted by law, the Owner shall not abandon the Site for the use for which it is currently required by the Owner and further, shall not seek to substitute or acquire property to be used as a substitute for the uses for which the Site and Project are to be maintained under the Sublease.
Appears in 5 contracts
Sources: Lease Leaseback Site Lease Agreement, Lease Leaseback Site Lease Agreement, Lease Leaseback Site Lease Agreement
Representations and Warranties of the Owner. The Owner hereby represents and warrants to Contractor thatthe Allottee as follows:
(ai) The Owner has good absolute, clear and merchantable fee marketable title with respect to the Site said ▇▇▇▇▇▇▇▇ and has authority the requisite rights to enter into carry out development upon the said Premises and perform its obligations under this Site Leasethe owners have the absolute, actual, physical and legal possession of the said Premises with license to the Owner to develop the Project thereon. The Allotee(s) has taken inspection of all the title deeds, Record of Rights, other documents and plans and has made all necessary searches and is (are) fully satisfied about the plan and the title of the Owner in respect of the said Premises. The Allotee(s) shall not be entitled to and agree not to raise any objection and/or make any requisition with regard thereto.
(ii) The Owner has lawful rights and requisite approvals from the competent authorities to carry out development of the Project;
(biii) There are no liens encumbrances upon the Said Unit and appertaining share in the Land, however for obtaining financial assistance and/or loans from bank financial institutions, NBFC’s and other lenders, the Owner has already created mortgage and/or charge on the Site said land and shall be at liberty to create further mortgages and/or charges in respect of the said land or any part thereof, and the Allotee hereby consents to the same PROVIDED HOWEVER THAT at the time of the execution of the deed of conveyance/ transfer in terms hereof, the Owner assures to have the Said Unit released from any such mortgage and/or charge, if any, with intent that the Allotee, subject to his/her making payment of all amounts payable hereunder or otherwise and complying with his other than permitted encumbrances;obligation herein, will be acquiring title to the Said Unit free from all such mortgages and charges created by the Owner.
(civ) All taxes, assessments, There are no litigations effecting title of the said land pending before any Court of law or impositions of any kind Authority with respect to the Sitesaid Land, if applicable, except current taxes, have been paid in fullProject or the Said Unit;
(dv) The Site is properly zoned for All approvals, licenses and permits issued by the intended purpose competent authorities with respect to the Project, said ▇▇▇▇▇▇▇▇ and utilization Said Unit are valid and subsisting and have been obtained by following due process of it or law. Further, the Owner intends has been and shall, at all times, remain to render zoning inapplicable pursuant to Government Code section 53094;
(e) The Owner is be in compliance with all laws, regulations, ordinances and orders of public authorities applicable laws in relation to the SiteProject, said Premises, building and Said Unit and common areas;
(fvi) There is no litigation of The Owner has the right to enter into this Agreement and has not committed or omitted to perform any kind currently pending act or threatened regarding thing, whereby the Site or the Owner’s use right, title and interest of the Site Allotee(s) intended to be created herein, may prejudicially be affected;
(vii) The Owner has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the purposes contemplated by this Site Leasesaid Premises, including the Sublease, Project and the Lease- Leaseback Said Unit which will, in any manner, affect the rights of Allotee(s) under this Agreement;
(gviii) To The Owner confirms that the best Owner is not restricted in any manner whatsoever from selling the Said Unit/Flat to the Allotee(s) in the manner contemplated in this Agreement;
(ix) At the time of execution of the Owner’s knowledgeconveyance deed the Owner shall handover lawful, after actual inquiry: vacant, peaceful, physical possession of the Said Unit to the Allotee(s) and the common areas to the Association of Allotee(s) upon the same being formed and registered;
(ix) other than those addressed in The Said Premises is not the Scope of Work, as set forth in the Lease-Leaseback Agreement, no dangerous, toxic or hazardous pollutants, contaminants, chemicals, waste, materials or substances, as defined in or governed by the provisions subject matter of any State or Federal Law relating thereto HUF and that no part thereof is owned by any minor and /or no minor has any right, title and claim over the said Premises;
(hereinafter collectively called “Environmental Regulations”)xi) The Owner has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and also includingtaxes and other monies, but not limited tolevies, urea-formaldehydeimpositions, polychlorinated biphenylspremiums, asbestosdamages and/or penalties and other outgoings, asbestos containing materialswhatsoever, nuclear fuel or waste, radioactive materials, explosives, carcinogens and petroleum products, payable with respect to the said project to the competent authorities.
(xii) No notice from the Government or any other wastelocal body or authority or any legislative enactment, materialgovernment ordinance, substanceorder, pollutant notification (including any notice for acquisition or contaminant which would subject the owner requisition of the Site or Contractor or Contractor’s subcontractors to any damages, penalties or liabilities under any applicable Environmental Regulation (hereinafter collectively called “Hazardous Substances”), are now or have been stored, located, generated, produced, processed, treated, transported, incorporated, discharged, emitted, released, deposited or disposed of in, upon, under, over or from the Site; (iisaid Premises) no threat exists of a discharge, release or emission of a Hazardous Substance upon or from the Site into the environment; (iii) the Site has not been used as or for a mine, a landfill, a dump or other disposal facility, industrial or manufacturing facility, or a gasoline service station; (iv) no underground storage tank is now located in the Site; (v) no violation of any Environmental Regulation now exists relating to the Site, no notice of any such violation or any alleged violation thereof has been issued received by or given by any governmental entity or agency, and there is not now any investigation or report involving served upon the Site by any governmental entity or agency which Owner in any way relates to Hazardous Substances; (vi) no person, party, or private or governmental agency or entity has given any notice respect of or asserted any claim, cause of action, penalty, cost or demand for payment or compensation, whether or not involving any injury or threatened injury to human health, the environment or natural resources, resulting or allegedly resulting from any activity or event described in (i) above; (vii) there are not now any actions, suits, proceedings or damage settlements relating in any way to Hazardous Substances, in, upon, under over or from said Premises and/or the Site; (viii) the Site is not listed in the United States Environmental Protection Agency's National Priorities List of Hazardous Waste Sites or any other list of Hazardous Substance sites maintained by any federal, state or local governmental agency; and (ix) the Site is not subject to any lien or claim for lien or threat of a lien in favor of any governmental entity or agency as a result of any release or threatened release of any Hazardous SubstanceProject.
(hxiii) To That the extent permitted by law, the Owner shall said ▇▇▇▇▇▇▇▇ is not abandon the Site for the use for which it is currently required by the Owner and further, shall not seek to substitute or acquire property to be used as a substitute for the uses for which the Site and Project are to be maintained under the SubleaseWakf property.
Appears in 1 contract
Sources: Sale Agreement
Representations and Warranties of the Owner. The Owner hereby represents and warrants to Contractor thatthe Allottee as follows:
(ai) The Owner has good absolute, clear and merchantable fee marketable title to/in respect of the Said Premises as also the requisite rights to develop the Site Said Premises coupled with absolute, actual, physical and has authority to enter into and perform its obligations under this Site Leaselegal possession of the Said Premises for the development of the Project;
(bii) The Owner has lawful rights and requisite approvals from the Competent Authority to carry out the development of the Project;
iii) There are no liens on known encumbrances upon the Site other than permitted encumbrancesSaid Premises save and except that the Owner has taken or intends to take loan(s) from bank(s)/financial institution(s) against security of the Said Premises and the constructions to be made thereon as further detailed in para/Clause 34.15 hereinbelow;
(civ) All taxesThere are no litigations pending before any court of law or before the authority constituted under the Act, assessments, or impositions of any kind with respect to the SiteSaid Premises, if applicable, except current taxes, have been paid in full;
(d) The Site is properly zoned for the intended purpose and utilization of it or the Owner intends to render zoning inapplicable pursuant to Government Code section 53094;
(e) The Owner is in compliance with all laws, regulations, ordinances and orders of public authorities applicable to the Site;
(f) There is no litigation of any kind currently pending or threatened regarding the Site or the Owner’s use of the Site for the purposes contemplated by this Site Lease, the Sublease, and the Lease- Leaseback Agreement;
(g) To the best of the knowledge of the Owner’s knowledge;
v) All approvals, after actual inquiry: (i) other than those addressed in the Scope of Work, as set forth in the Lease-Leaseback Agreement, no dangerous, toxic or hazardous pollutants, contaminants, chemicals, waste, materials or substances, as defined in or governed licenses and permits issued by the provisions Competent Authority with respect to the Project and the Said Premises are valid and subsisting and have been obtained by following due process of law. Further, the Owner has been and shall remain in material compliance with all Applicable Laws in relation to the Project to the extent not handed over and/or transferred in favour of any State Apartment Allottee;
vi) The Owner has the right to enter into this Agreement and has not committed or Federal Law relating thereto (hereinafter collectively called “Environmental Regulations”)omitted to perform any act, deed or thing whereby the right, title and also including, but interest to be acquired by the Allottee in pursuance of this Agreement may be prejudicially affected;
vii) The Owner has not limited to, urea-formaldehyde, polychlorinated biphenyls, asbestos, asbestos containing materials, nuclear fuel or waste, radioactive materials, explosives, carcinogens and petroleum products, entered into any agreement for sale and/or development agreement or any other wasteagreement/arrangement with any person or party with respect to the Said Premises including the Project (save and except: (a) the several specific agreements, materialif any, substance, pollutant or contaminant which would subject the owner executed with several Apartment Allottees inter alia in respect of the Site or Contractor or Contractor’s subcontractors to any damages, penalties or liabilities under any applicable Environmental Regulation (hereinafter collectively called “Hazardous Substances”), are now or have been stored, located, generated, produced, processed, treated, transported, incorporated, discharged, emitted, released, deposited or disposed of in, upon, under, over or from several Apartments comprising the SiteProject; (iib) no threat exists pertaining to the loan(s) if any taken from bank(s)/financial institution(s) against security of a dischargethe Said Premises and the constructions to be made thereon as further detailed in para/Clause 34.15 hereinbelow) and the Said Apartment, release or emission which will, in any manner, affect the rights of a Hazardous Substance upon or the Allottee under this Agreement;
viii) The Owner confirms that the Owner is not restricted in any manner whatsoever from selling the Site into Said Apartment to the environment; (iii) the Site has not been used as or for a mine, a landfill, a dump or other disposal facility, industrial or manufacturing facility, or a gasoline service station; (iv) no underground storage tank is now located Allottee in the Site; (v) no violation of any Environmental Regulation now exists relating to the Site, no notice of any such violation or any alleged violation thereof has been issued or given by any governmental entity or agency, and there is not now any investigation or report involving the Site by any governmental entity or agency which manner contemplated in any way relates to Hazardous Substances; (vi) no person, party, or private or governmental agency or entity has given any notice of or asserted any claim, cause of action, penalty, cost or demand for payment or compensation, whether or not involving any injury or threatened injury to human health, the environment or natural resources, resulting or allegedly resulting from any activity or event described in (i) above; (vii) there are not now any actions, suits, proceedings or damage settlements relating in any way to Hazardous Substances, in, upon, under over or from the Site; (viii) the Site is not listed in the United States Environmental Protection Agency's National Priorities List of Hazardous Waste Sites or any other list of Hazardous Substance sites maintained by any federal, state or local governmental agency; and (this Agreement;
ix) At the Site is not subject to any lien or claim for lien or threat time of a lien in favor execution of any governmental entity or agency as a result of any release or threatened release of any Hazardous Substance.
(h) To the extent permitted by lawConveyance Deed, the Owner shall hand over lawful, vacant, peaceful, physical possession of the Said Apartment to the Allottee and the Common Areas to the Association in the manner and on the terms stipulated in this Agreement;
x) The Said Premises is not abandon the Site for subject matter of any HUF and no part thereof is owned by any minor and/or no minor has any right, title and claim over the use for which it is currently required by Said Premises (save and except the Owner and further, shall not seek to substitute or acquire property limited rights if any agreed to be used as granted under any specific agreement executed in favour of any Apartment Allottee who may be a substitute for minor, duly represented by his/her parent and/or natural guardian);
xi) The Owner has duly paid and shall continue to pay and discharge all the uses for which undisputed governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings whatsoever payable with respect to the Site Project to the concerned competent authorities, till hand over of the Said Apartment and Project are the Common Areas has been respectively offered to be maintained under the Sublease.Allottee and the Association in terms of this Agreement;
Appears in 1 contract
Sources: Sale Agreement
Representations and Warranties of the Owner. The Owner hereby represents and warrants to Contractor thatthe Allottee as follows:
(ai) The Owner has good absolute, clear and merchantable fee marketable title to/in respect of the Said Premises as also the requisite rights to develop the Site Said Premises coupled with absolute, actual, physical and has authority to enter into and perform its obligations under this Site Leaselegal possession of the Said Premises for the development of the Project;
(bii) The Owner has lawful rights and requisite approvals from the Competent Authority to carry out the development of the Project;
iii) There are no liens on known encumbrances upon the Site other than permitted encumbrancesSaid Premises save and except that the Owner has taken or intends to take loan(s) from bank(s)/financial institution(s) against security of the Said Premises and the constructions to be made thereon as further detailed in para/Clause 34.15hereinbelow;
(civ) All taxesThere are no litigations pending before any court of law or before the authority constituted under the Act, assessments, or impositions of any kind with respect to the SiteSaid Premises, if applicable, except current taxes, have been paid in full;
(d) The Site is properly zoned for the intended purpose and utilization of it or the Owner intends to render zoning inapplicable pursuant to Government Code section 53094;
(e) The Owner is in compliance with all laws, regulations, ordinances and orders of public authorities applicable to the Site;
(f) There is no litigation of any kind currently pending or threatened regarding the Site or the Owner’s use of the Site for the purposes contemplated by this Site Lease, the Sublease, and the Lease- Leaseback Agreement;
(g) To the best of the knowledge of the Owner’s knowledge;
v) All approvals, after actual inquiry: (i) other than those addressed in the Scope of Work, as set forth in the Lease-Leaseback Agreement, no dangerous, toxic or hazardous pollutants, contaminants, chemicals, waste, materials or substances, as defined in or governed licenses and permits issued by the provisions Competent Authority with respect to the Project and the Said Premises are valid and subsisting and have been obtained by following due process of law. Further, the Owner has been and shall remain in material compliance with all Applicable Laws in relation to the Project to the extent not handed over and/or transferred in favour of any State Apartment Allottee;
vi) The Owner has the right to enter into this Agreement and has not committed or Federal Law relating thereto (hereinafter collectively called “Environmental Regulations”)omitted to perform any act, deed or thing whereby the right, title and also including, but interest to be acquired by the Allottee in pursuance of this Agreement may be prejudicially affected;
vii) The Owner has not limited to, urea-formaldehyde, polychlorinated biphenyls, asbestos, asbestos containing materials, nuclear fuel or waste, radioactive materials, explosives, carcinogens and petroleum products, entered into any agreement for sale and/or development agreement or any other wasteagreement/arrangement with any person or party with respect to the Said Premises including the Project (save and except: (a) the several specific agreements, materialif any, substance, pollutant or contaminant which would subject the owner executed with several Apartment Allottees inter alia in respect of the Site or Contractor or Contractor’s subcontractors to any damages, penalties or liabilities under any applicable Environmental Regulation (hereinafter collectively called “Hazardous Substances”), are now or have been stored, located, generated, produced, processed, treated, transported, incorporated, discharged, emitted, released, deposited or disposed of in, upon, under, over or from several Apartments comprising the SiteProject; (iib) no threat exists pertaining to the loan(s) if any taken from bank(s)/financial institution(s) against security of a dischargethe Said Premises and the constructions to be made thereon as further detailed in para/Clause 34.15 hereinbelow) and the Said Apartment, release or emission which will, in any manner, affect the rights of a Hazardous Substance upon or the Allottee under this Agreement;
viii) The Owner confirms that the Owner is not restricted in any manner whatsoever from selling the Site into Said Apartment to the environment; (iii) the Site has not been used as or for a mine, a landfill, a dump or other disposal facility, industrial or manufacturing facility, or a gasoline service station; (iv) no underground storage tank is now located Allottee in the Site; (v) no violation of any Environmental Regulation now exists relating to the Site, no notice of any such violation or any alleged violation thereof has been issued or given by any governmental entity or agency, and there is not now any investigation or report involving the Site by any governmental entity or agency which manner contemplated in any way relates to Hazardous Substances; (vi) no person, party, or private or governmental agency or entity has given any notice of or asserted any claim, cause of action, penalty, cost or demand for payment or compensation, whether or not involving any injury or threatened injury to human health, the environment or natural resources, resulting or allegedly resulting from any activity or event described in (i) above; (vii) there are not now any actions, suits, proceedings or damage settlements relating in any way to Hazardous Substances, in, upon, under over or from the Site; (viii) the Site is not listed in the United States Environmental Protection Agency's National Priorities List of Hazardous Waste Sites or any other list of Hazardous Substance sites maintained by any federal, state or local governmental agency; and (this Agreement;
ix) At the Site is not subject to any lien or claim for lien or threat time of a lien in favor execution of any governmental entity or agency as a result of any release or threatened release of any Hazardous Substance.
(h) To the extent permitted by lawConveyance Deed, the Owner shall hand over lawful, vacant, peaceful, physical possession of the Said Apartment to the Allottee and the Common Areas to the Association in the manner and on the terms stipulated in this Agreement;
x) The Said Premises is not abandon the Site for subject matter of any HUF and no part thereof is owned by any minor and/or no minor has any right, title and claim over the use for which it is currently required by Said Premises (save and except the Owner and further, shall not seek to substitute or acquire property limited rights if any agreed to be used as granted under any specific agreement executed in favour of any Apartment Allottee who may be a substitute for minor, duly represented by his/her parent and/or natural guardian);
xi) The Owner has duly paid and shall continue to pay and discharge all the uses for which undisputed governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings whatsoever payable with respect to the Site Project to the concerned competent authorities, till hand over of the Said Apartment and Project are the Common Areas has been respectively offered to be maintained under the Sublease.Allottee and the Association in terms of this Agreement;
Appears in 1 contract
Sources: Sale Agreement
Representations and Warranties of the Owner. The Owner hereby represents and warrants to Contractor thatthe Allottee as follows:
(a) i. The Owner has good lawful rights and merchantable fee title requisite approvals from the competent Authorities to carry out development of the Site and has authority to enter into and perform its obligations under this Site LeaseProject;
(b) ii. There are no liens on encumbrances upon the Site other than permitted encumbrancesSaid Premises or the Project except, however, the loan and/or the financial facility already obtained by the Owner for construction of the Project from Bank Branch by executing and registering the deed of dated the registered in the office of , in book no , Volume , pages to being deed no for the year . The Owner, however, in case the said loan is paid back and/or foreclosed anytime during the period of construction of the Project shall be further entitled to avail loans and/or financial facilities in future as may be permissible under the applicable law(s) and by complying the requirements of such law(s);
(c) All taxes, assessments, or impositions iii. There are no litigations pending before any Court of any kind law with respect to the SiteSaid Premises, if applicableProject or the Commercial Space and the Car Parking Space;
iv. All approvals, except current taxeslicenses and permits issued by the competent authorities with respect to the Project, ▇▇▇▇ ▇▇▇▇▇▇▇▇ and Commercial Space and the Car Parking Space are valid and subsisting and have been paid in full;
(d) The Site is properly zoned for the intended purpose and utilization obtained by following due process of it or law. Further, the Owner intends has been and shall, at all times, remain to render zoning inapplicable pursuant to Government Code section 53094;
(e) The Owner is be in compliance with all laws, regulations, ordinances and orders of public authorities applicable laws in relation to the SiteProject, Said Premises and Commercial Space and the Car Parking Space and the Common Areas;
(f) There is no litigation of v. The Owner has the right to enter into this Agreement and has not committed or omitted to perform any kind currently pending act or threatened regarding thing, whereby the Site or the Owner’s use right, title and interest of the Site Allottee created herein, may prejudicially be affected;
vi. The Owner has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the purposes contemplated by this Site LeaseSaid Premises, including the Sublease, Project and the Lease- Leaseback said Commercial Space and the Car Parking Space which will, in any manner, affect the rights of Allottee under this Agreement;
(g) To vii. The Owner confirms that the best Owner is not restricted in any manner whatsoever from sale of the Owner’s knowledge, after actual inquiry: (i) other than those addressed said Commercial Space and the Car Parking Space and/or the Unit to the Allottee in the Scope manner contemplated in this Agreement;
viii. At the time of Workexecution of the conveyance deed the Owner shall handover lawful, as set forth in vacant, peaceful, physical possession of the Lease-Leaseback Agreement, no dangerous, toxic or hazardous pollutants, contaminants, chemicals, waste, materials or substances, as defined in or governed by Commercial Space and the provisions Car Parking Space to the Allottee and the Commercial Common Areas to the association of the allottees;
ix. The schedule property being the Said Premises is not the subject matter of any State or Federal Law relating thereto (hereinafter collectively called “Environmental Regulations”)HUF and that no part thereof is owned by any minor and/or no minor has any right, title and also includingclaim over the schedule property being the Said Premises;
x. The Owner has duly paid and shall continue to pay and discharge all governmental dues, but not limited torates, urea-formaldehydecharges and taxes and other monies, polychlorinated biphenylslevies, asbestosimpositions, asbestos containing materialspremiums, nuclear fuel or wastedamages and/or penalties and other outgoings, radioactive materialswhatsoever, explosives, carcinogens and petroleum products, payable with respect to the said Project to the competent Authorities;
xi. No notice from the Government or any other wastelocal body or authority or any legislative enactment, materialgovernment ordinance, substanceorder, pollutant notification (including any notice for acquisition or contaminant which would subject the owner requisition of the Site or Contractor or Contractor’s subcontractors to any damages, penalties or liabilities under any applicable Environmental Regulation (hereinafter collectively called “Hazardous Substances”), are now or have been stored, located, generated, produced, processed, treated, transported, incorporated, discharged, emitted, released, deposited or disposed of in, upon, under, over or from the Site; (iiSaid Premises) no threat exists of a discharge, release or emission of a Hazardous Substance upon or from the Site into the environment; (iii) the Site has not been used as or for a mine, a landfill, a dump or other disposal facility, industrial or manufacturing facility, or a gasoline service station; (iv) no underground storage tank is now located in the Site; (v) no violation of any Environmental Regulation now exists relating to the Site, no notice of any such violation or any alleged violation thereof has been issued received by or given by any governmental entity or agency, and there served upon the Owner in respect of the Said Premises and/or the Project;
xii. That the Said Premises is not now any investigation or report involving the Site by any governmental entity or agency which in any way relates to Hazardous Substances; (vi) no person, party, or private or governmental agency or entity has given any notice of or asserted any claim, cause of action, penalty, cost or demand for payment or compensation, whether or not involving any injury or threatened injury to human health, the environment or natural resources, resulting or allegedly resulting from any activity or event described in (i) above; (vii) there are not now any actions, suits, proceedings or damage settlements relating in any way to Hazardous Substances, in, upon, under over or from the Site; (viii) the Site is not listed in the United States Environmental Protection Agency's National Priorities List of Hazardous Waste Sites or any other list of Hazardous Substance sites maintained by any federal, state or local governmental agency; and (ix) the Site is not subject to any lien or claim for lien or threat of a lien in favor of any governmental entity or agency as a result of any release or threatened release of any Hazardous SubstanceWaqf property.
(h) To the extent permitted by law, the Owner shall not abandon the Site for the use for which it is currently required by the Owner and further, shall not seek to substitute or acquire property to be used as a substitute for the uses for which the Site and Project are to be maintained under the Sublease.
Appears in 1 contract
Sources: Sale Agreement
Representations and Warranties of the Owner. The Owner represents and warrants to Contractor that:
(a) The Owner has good and merchantable fee title to the Site and has authority to enter into and perform its obligations under this Site Lease;
(b) There are no liens on the Site other than permitted encumbrances;
(c) All taxes, assessments, or impositions of any kind with respect to the Site, if applicable, except current taxes, have been paid in full;
(d) The Site is properly zoned for the intended purpose and utilization of it or the Owner intends to render zoning inapplicable pursuant to Government Code section 53094;
(e) The Owner is in compliance with all laws, regulations, ordinances and orders of public authorities applicable to the Site;
(f) There is no litigation of any kind currently pending or threatened regarding the Site or the Owner’s use of the Site for the purposes contemplated by this Site Lease, the Sublease, and the Lease- Leaseback Agreement;
(g) To the best of the Owner’s knowledge, after actual inquiry: (i) other than those addressed in the Scope of Work, as set forth in the Lease-Leaseback Agreement, no dangerous, toxic or hazardous pollutants, contaminants, chemicals, waste, materials or substances, as defined in or governed by the provisions of any State or Federal Law relating thereto (hereinafter collectively called “Environmental Regulations”), and also including, but not limited to, urea-formaldehyde, polychlorinated biphenyls, asbestos, asbestos containing materials, nuclear fuel or waste, radioactive materials, explosives, carcinogens and petroleum products, or any other waste, material, substance, pollutant or contaminant which would subject the owner of the Site or Contractor or Contractor’s subcontractors to any damages, penalties or liabilities under any applicable Environmental Regulation (hereinafter collectively called “Hazardous Substances”), are now or have been stored, located, generated, produced, processed, treated, transported, incorporated, discharged, emitted, released, deposited or disposed of in, upon, under, over or from the Site; (ii) no threat exists of a discharge, release or emission of a Hazardous Substance upon or from the Site into the environment; (iii) the Site has not been used as or for a mine, a landfill, a dump or other disposal facility, industrial or manufacturing facility, or a gasoline service station; (iv) no underground storage tank is now located in the Site; (v) no violation of any Environmental Regulation now exists relating to the Site, no notice of any such violation or any alleged violation thereof has been issued or given by any governmental entity or agency, and there is not now any investigation or report involving the Site by any governmental entity or agency which in any way relates to Hazardous Substances; (vi) no person, party, or private or governmental agency or entity has given any notice of or asserted any claim, cause of action, penalty, cost or demand for payment or compensation, whether or not involving any injury or threatened injury to human health, the environment or natural resources, resulting or allegedly resulting from any activity or event described in (i) above; (vii) there are not now any actions, suits, proceedings or damage settlements relating in any way to Hazardous Substances, in, upon, under over or from the Site; (viii) the Site is not listed in the United States Environmental Protection Agency's National Priorities List of Hazardous Waste Sites or any other list of Hazardous Substance sites maintained by any federal, state or local governmental agency; and (ix) the Site is not subject to any lien or claim for lien or threat of a lien in favor of any governmental entity or agency as a result of any release or threatened release of any Hazardous Substance.
(h) To the extent permitted by law, the Owner shall not abandon the Site for the use for which it is currently required by the Owner and further, shall not seek to substitute or acquire property to be used as a substitute for the uses for which the Site and Project Work are to be maintained under the Sublease.
Appears in 1 contract
Sources: Lease Leaseback Site Lease Agreement
Representations and Warranties of the Owner. The Owner hereby represents and warrants to Contractor thatthe Allottee as follows:
(ai) The Owner has good absolute, clear and merchantable fee marketable title with respect to the Site Land; the requisite rights to carry out development upon the Land and has authority to enter into absolute, actual, physical and perform its obligations under this Site Leaselegal possession of the Land for the Project;
(bii) The Owner has lawful rights and requisite approvals from the competent authorities to carry out development of the Project;
(iii) There are no liens encumbrances upon the Land or the Project as on the Site other than permitted encumbrancesEffective Date;
(civ) All taxes, assessments, There are no litigations pending before any Court of law or impositions of any kind Authority with respect to the SiteLand, if applicable, except current taxes, have been paid in fullProject or the Apartment;
(dv) The Site is properly zoned for All approvals, licenses and permits issued by the intended purpose competent authorities with respect to the Project, said Land and utilization Apartment are valid and subsisting and have been obtained by following due process of it or law. Further, the Owner intends has been and shall, at all times remain to render zoning inapplicable pursuant to Government Code section 53094;
(e) The Owner is be in compliance with all laws, regulations, ordinances and orders of public authorities applicable Applicable Laws in relation to the SiteProject, said Land, Building and Apartment and Common Areas;
(fvi) There is no litigation of The Owner has the right to enter into this Agreement and has not committed or omitted to perform any kind currently pending act or threatened regarding thing whereby the Site or the Owner’s use right, title and interest of the Site Allottee created herein, may prejudicially be affected;
(vii) The Owner has not entered into any agreement for sale and/or development agreement or any other agreement/arrangement with any person or party with respect to the purposes contemplated by this Site LeaseLand, including the Sublease, Project and the Lease- Leaseback said Apartment which will, in any manner, affect the rights of Allottee under this Agreement;
(gviii) To The Owner confirms that the best Owner is not restricted in any manner whatsoever from transferring the ownership rights of the Owner’s knowledge, after actual inquiry: (i) other than those addressed Apartment to the Allottee in the Scope manner contemplated in this Agreement;
(ix) At the time of Workexecution of the deed of conveyance the Owner shall hand over lawful, vacant peaceful, physical possession of the Apartment to the Allottee and the Common Areas to the Association or the competent authority, as set forth in the Lease-Leaseback Agreementcase may be;
(x) The Land is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, no dangeroustitle and claim over the Land;
(xi) The Owner has duly paid and shall continue to pay and discharge all governmental dues, toxic rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said Project to the competent authorities till the completion certificate has been issued and possession of Apartment along with Common Areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee and the Association or hazardous pollutants, contaminants, chemicals, waste, materials or substancesthe competent authority, as defined in or governed by the provisions of any State or Federal Law relating thereto case may be; and
(hereinafter collectively called “Environmental Regulations”), and also including, but not limited to, urea-formaldehyde, polychlorinated biphenyls, asbestos, asbestos containing materials, nuclear fuel or waste, radioactive materials, explosives, carcinogens and petroleum products, xii) No notice from the Government or any other wastelocal body or authority or any legislative enactment, materialgovernment ordinance, substanceorder, pollutant notification (including any notice for acquisition or contaminant which would subject the owner requisition of the Site or Contractor or Contractor’s subcontractors to any damages, penalties or liabilities under any applicable Environmental Regulation (hereinafter collectively called “Hazardous Substances”), are now or have been stored, located, generated, produced, processed, treated, transported, incorporated, discharged, emitted, released, deposited or disposed of in, upon, under, over or from the Site; (iisaid property) no threat exists of a discharge, release or emission of a Hazardous Substance upon or from the Site into the environment; (iii) the Site has not been used as or for a mine, a landfill, a dump or other disposal facility, industrial or manufacturing facility, or a gasoline service station; (iv) no underground storage tank is now located in the Site; (v) no violation of any Environmental Regulation now exists relating to the Site, no notice of any such violation or any alleged violation thereof has been issued received by or given by any governmental entity or agency, and there is not now any investigation or report involving the Site by any governmental entity or agency which in any way relates to Hazardous Substances; (vi) no person, party, or private or governmental agency or entity has given any notice of or asserted any claim, cause of action, penalty, cost or demand for payment or compensation, whether or not involving any injury or threatened injury to human health, the environment or natural resources, resulting or allegedly resulting from any activity or event described in (i) above; (vii) there are not now any actions, suits, proceedings or damage settlements relating in any way to Hazardous Substances, in, upon, under over or from the Site; (viii) the Site is not listed in the United States Environmental Protection Agency's National Priorities List of Hazardous Waste Sites or any other list of Hazardous Substance sites maintained by any federal, state or local governmental agency; and (ix) the Site is not subject to any lien or claim for lien or threat of a lien in favor of any governmental entity or agency as a result of any release or threatened release of any Hazardous Substance.
(h) To the extent permitted by law, served upon the Owner shall not abandon in respect of the Site for Land and/or the use for which it is currently required by the Owner and further, shall not seek to substitute or acquire property to be used as a substitute for the uses for which the Site and Project are to be maintained under the SubleaseProject.
Appears in 1 contract
Sources: Sale Agreement