Representations by Landlord. Landlord represents and warrants to Tenant that, on the date hereof and throughout the Term, the following:
(1) Landlord is a limited liability company, duly organized and validly existing in good standing under the laws of Delaware, has qualified to do business in the State of Texas and has all requisite power and authority to enter into and perform its obligation under this Lease. Landlord discloses to Tenant that it is affiliated with Lincoln Property Company, and the Landlord’s Broker;
(2) no governmental action is required to be taken, given or obtained, as the case may be, by or from any governmental authority and no filing, recording, publication or registration in any public office or any other place, is necessary to authorize the execution, delivery and performance by Landlord of this Lease or for the legality, validity, binding effect or enforceability hereof;
(3) the execution and delivery of this Lease by Landlord and the performance of its obligation hereunder will not contravene any Applicable Laws, or any judgment or order applicable to or binding on it, or contravene or result in any breach of, or constitute any default under, its articles of organization, operating agreement or any indenture, mortgage, contract, agreement or instrument to which the Landlord is a party or by which any of its properties may be bound; and
(4) the execution, delivery and performance of this Lease by Landlord has been duly authorized by all necessary action;
(5) this Lease has been duly executed and delivered by Landlord and constitutes the legal, valid and binding obligation of Landlord enforceable against Landlord in accordance with its terms, except as such enforceability may be limited by bankruptcy, insolvency, reorganization, fraudulent conveyance, liquidation or similar laws affecting creditors’ rights generally and by general principles of equity; and
(6) Landlord is in compliance and will continue to comply with all applicable anti-money laundering laws, including, without limitation. the USA Patriot Act, and the laws administered by the United States Treasury Department’s Office of Foreign Assets Control, including, without limitation, the Executive Order. Landlord further represents (such representation to be true throughout the Term) (i) that it is not, and it is not owned or controlled directly or indirectly by any person or entity, on the SON List published by the United States Treasury Department’s Office of Foreign Assets Control and (ii) that i...
Representations by Landlord. Tenant acknowledges that it is currently in possession and control of the Second Floor Premises and the Third Floor Premises pursuant to the terms of the Existing Lease (as hereinafter defined). Tenant hereby accepts Landlord’s tender of possession of the Second Floor Premises and Third Floor Premises in their “as is” condition as of the Commencement Date.
Representations by Landlord. Landlord represents and warrants that the following are true as of the date of this Lease and will be true as of the Commencement Date: (i) there has been no release, disposal or storage of Hazardous Substances on the Premises to the knowledge of Landlord (as "knowledge" is defined and limited on the attached Exhibit C); (ii) the Premises have not been to Landlord's knowledge (as "knowledge" is defined and limited on the attached EXHIBIT C) and are not presently used for the storage, manufacture, disposal, handling, transportation or use of any Hazardous Substances; (iii) there are no past or present investigations, administrative proceedings, notices of violation or other civil or criminal action threatened or pending known to Landlord (as "knowledge" is defined and limited on the attached EXHIBIT C) alleging noncompliance with or violation of any statutes, regulations or ordinances relating to any environmental permits, release or discharge of any Hazardous Substances, and Landlord has complied with all applicable governmental regulations including (but not limited to) obtaining all necessary licenses, completing in a timely fashion all necessary reporting and filing requirements, and satisfying financial responsibility and related obligations with respect thereto, all to the extent applicable; (iv) Landlord has not, nor to the knowledge of Landlord (as "knowledge" is defined and limited on the attached EXHIBIT C) has any prior tenant or any other third party, violated any statute, regulation or ordinance relating to any environmental permit or the release of any Hazardous Substances; (v) to the best of Landlord's knowledge (as "knowledge" is defined and limited on the attached EXHIBIT C), there are not now, and have never been any aboveground or underground storage tanks located on or under the Shopping Center; (vi) [this subsection has been intentionally deleted]; and
Representations by Landlord. Landlord represents and warrants as follows:
Representations by Landlord. Landlord acknowledges that by applying for and receiving federal assistance from the U.S. Treasury’s COVID-19 Emergency Rental Assistance Program, administered as Rent Assistance Program by Neighborhood Place, that any fraudulent misrepresentation may be punishable under State and/or Federal law. b. The undersigned Landlord is the Landlord under the terms of the Lease (or agent of Landlord acting with binding authority upon Landlord), and all information provided by Landlord to the Rent Assistance Program is true and accurate to the best of Landlord’s knowledge. c. There
Representations by Landlord. The undersigned Landlord the proper Landlord under the terms of the Lease (or agent of Landlord acting with binding authority upon Landlord), and all information provided by Landlord to the Eviction Diversion program is true and accurate to the best of Landlord’s knowledge. Unpaid rent by Tenant is the sole basis for the Demand for Possession. Landlord understandings this agreement, knowingly and willingly enters into it, and has had the opportunity to discuss it with legal counsel Landlord has not entered into this Settlement Agreement for any purpose than that set forth in State of Michigan Executive Order 2020-134. Representations by the Tenant: That undersigned Tenant is the proper Tenant under the terms of the Lease, and all information provided by Tenant to the Eviction Diversion program is true and accurate to the best of Tenant’s knowledge. Unpaid rent by Tenant is the sole basis for the Demand for Possession Tenant understandings this agreement, knowingly and willingly enters into it, and has had the opportunity to discuss it with legal counsel. Tenant understands that this Agreement resolves the issue of rent and fees accruing through the date of execution only, and that all other obligations of the Lease remain enforceable. Tenant has not entered into this Settlement Agreement for any purpose than that set forth in State of Michigan Executive Order 2020-134. The parties to this Agreement knowingly, voluntarily and intelligently waive their constitutional right to a trial by judge or jury with respect to any claim, dispute, conflict, or contention, if any, as may arise under the subject matter described herein. The parties reserve the right to judicially enforce this Settlement Agreement, Release and Waiver.
Representations by Landlord. Neither Landlord, its agents or employees have made any representations or promises with respect to the physical condition of Tenant's Building, the land upon which it is erected, the Demised Premises, the Rent or any other matter or thing affecting or related to the Demised Premises or Tenant's Building except as herein expressly set forth, and no rights, easement or licenses required by Tenant, by implication or otherwise, except as expressly set forth in the provisions of this Lease. All understanding and agreements heretofore made between the parties are hereto merged in this Lease which alone, fully and completely expresses the agreement between Landlord and Tenant, and any agreement hereafter made shall be ineffective to change, modify, discharge or effect abandonment of this Lease, in whole or in part, unless such agreement is in writing and signed by both Landlord and Tenant.
Representations by Landlord. Landlord represents and warrants to Tenant that to Landlord's knowledge, the Premises are currently in material compliance with all applicable laws, rules, regulations and codes, including, not limited the Americans with Disabilities Act as well as all laws, rules, regulations and codes governing hazardous wastes and hazardous substances. Moreover, Landlord represents and warrants to Tenant that it knows of no material defect in the structure of the improvements located on the Premises which would in any way inhibit its use as a parking lot and that all utilities which would reasonably be required for such use are available to the Premises.
Representations by Landlord. Landlord represents and warrants to 32 Tenant that as of the Execution Date, Landlord has not received any notification of (and Landlord has 33 no actual knowledge of) any violation of Environmental Laws at or in connection with the Land, the 34 Building or the Demised Premises.
Representations by Landlord. Landlord represents and warrants to Tenant that as of the Execution Date, Landlord has not received any notification of (and Landlord has no actual knowledge of) any violation of Environmental Laws at or in connection with the Land, the Building or the Premises.
