Representations by Lessor. Lessor, in order to induce Lessee to enter into this Lease, hereby represents and warrants to Lessee that:
A. The execution, delivery and performance of this Lease will not conflict with, be inconsistent with, or result in any breach or default of any of the terms, covenants, conditions or provisions of any indenture, mortgage, deed of trust, instrument, document, agreement or contract of any kind or nature to which Lessor is a party or by which Lessor or the Premises may be bound.
X. Xxxxxx is not a party to any agreement or litigation which could adversely affect Lessee’s rights or entitlements under this Lease, or which would otherwise adversely affect the ability of Lessor to perform its obligations under this Lease.
X. Xxxxxx has received no written notice of any change contemplated in any applicable laws, or any action by adjacent landowners, or natural or artificial conditions on the Premises that would prevent, limit, impede, or render more costly, the permitted use contemplated hereunder.
D. The Premises and all rights of Lessee hereunder are free and clear of all liens, claims, security interests, encumbrances and restrictions (whether contained in deeds, leases or other instruments or agreements), except for any matters of public record in the Office of the County Recorder of Lassen County and matters to which Lessor reasonably has no knowledge, and this Lease is and shall remain superior to any and all adverse matters and claims subject only to: any mortgage to which this Lease may be subordinated in accordance with the terms hereof, to real estate taxes and assessments not yet due and payable, those matters caused by Lessee, and all applicable laws, rules, regulations and codes and other encumbrances that do not impact in any appreciable way Lessee’s use and quiet enjoyment of the Premises.
X. Xxxxxx holds good and indefeasible fee simple title to the Premises and has full legal right and authority to enter into this Lease. Except for the representations by Lessor set forth herein and in the Agreement for Environment Conditions, Lessee shall accept the Premises in its existing condition and state of repair, and Lessee agrees that no representations, statements or warranties, expressed or implied, have been made by or on behalf of Lessor in respect thereto except as contained in the provisions of this Lease and the Agreement for Environmental Conditions, and Lessor shall in no event be liable for any latent defects except as otherwise provided ...
Representations by Lessor. At the commencement of the term of this Lease LESSEE shall accept the buildings and improvements and any equipment in their existing condition and state of repair, and XXXXXX agrees that no representations, statements, or warranties, express or implied, have been made by or on behalf of LESSOR in respect thereto except as contained in the provisions of this Lease, and LESSOR shall in no event be liable for any latent defects.
Representations by Lessor. At the commencement of the term, Lessee shall accept the buildings and improvements and any equipment in their existing condition and state of repair, and Lessee agrees that no representations, statements, or warranties, express or implied, have been made by or on behalf of Lessor in respect thereto except as contained in the provisions of this Lease Agreement. Lessor shall in no event be liable for any latent defects. Lessor shall make reasonable efforts to install tenants in the other part of premises of a reputable nature but in no event shall another tenant be installed which is in the travel business.
Representations by Lessor. At the commencement of the term Lessee shall accept the Leased Premises and the fixtures and equipment included therein in their existing condition and state of repair, and Xxxxxx agrees that no representations, statements, or warranties, expressed or implied, have been made by or on behalf of Lessor in respect therein except as contained in the provisions of this Lease, and Lessor shall in no event be liable for any latent defects within the Leased Premises.
Representations by Lessor. The Lessor makes the following representations as the basis for its undertakings hereunder:
(a) Lessor is duly organized as a Virginia general partnership under the laws of the Commonwealth of Virginia and has the power and authority to enter into the transactions contemplated by this Lease Agreement and to carry out its obligations hereunder and by proper partnership action has duly authorized the execution and delivery of, and the performance under, this Lease Agreement.
(b) Lessor has acquired a certain tract or parcel of land in the Martinsville Magisterial District of Xxxxx County, Virginia, which said land is more particularly described on a description of said land attached to this Lease Agreement, as Exhibit 1.
(c) Lessor has obtained a binding contract from builder and Builder has commenced construction of the Building.
(d) Lessor has diligently pursued and shall continue to diligently pursue construction of the Building with an estimated occupancy date of May 1, 1989.
Representations by Lessor. Lessor hereby represents and warrants that (a) Lessor is duly organized and legally existing under the laws of the State of Texas; (b) this Lease constitutes the legal, valid and binding obligations of Lessor enforceable in accordance with its terms; and (c) the execution and delivery of, and performance under this Lease are within Lessor's power and authority without the joinder or consent of any other party and have been duly authorized by all requisite action and are not in contravention of law or the powers of Lessor's charter, by-laws or other corporate papers, or of any indenture, agreement or undertaking to which Lessor is a party or by which it is bound.
Representations by Lessor. The Lessor represents and warrants that:
(a) Lessor is a limited liability company duly organized and existing under the laws of the State of Delaware, has power and authority to own its properties and carry on its business as now being conducted, and is duly qualified to do such business wherever such qualification is required.
(b) Neither the execution and delivery of this Eighth Amendment, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Eighth Amendment conflicts with or results in a breach of the terms, conditions or provisions of any restriction or any agreement or instrument to which it is now a party or by which it is bound or constitutes a default under any of the foregoing.
(d) The Lessor is the owner of the Projects and the Series 2021B Project (collectively, the “Project”).
Representations by Lessor. The Lessor represents and warrants that:
(a) Ecovyst Catalyst Technologies LLC is a limited liability company duly organized and existing under the laws of the State of Delaware, has power and authority to own its properties and carry on its business as now being conducted, and is duly qualified to do such business wherever such qualification is required.
(b) Neither the execution and delivery of this Eighth Amendment, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Eighth Amendment conflicts with or results in a breach of the terms, conditions or provisions of any restriction or any agreement or instrument to which it is now a party or by which it is bound, or constitutes a default under any of the foregoing.
(c) The Lessor is the owner of the Projects and the Series 2021A Project (collectively, the “Project”).
Representations by Lessor. Lessor does hereby warrant to represent to Lessee that, as of the date the Premises are tendered to the Lessee, the Premises, the Building and other improvements erected or to be erected by Lessor on or about the Premises shall be and are in compliance with applicable government and private rules, regulations, restrictions and ordinances, and in good working order in accordance with their intended use, including all equipment, fixtures, heating, air-conditioning, electrical, plumbing and sewer systems. Taking possession of the Premises by Lessee shall not be deemed to be acceptance of any defects or matters of which Lessee provides to Lessor notice within thirty (30) business days after the Commencement Date and, in no event, shall be deemed acceptance of latent defects.
Representations by Lessor. Lessor represents and warrants to Lessee that Lessor (a) is a constitutionally chartered city validly existing under the laws of the State of Texas; (b) has lawful power and authority to enter into, execute and deliver this Lease and to carry out its obligations hereunder; and (c) by all necessary action has been duly authorized to execute and deliver this Lease, acting by and through its duly authorized officers.
