REPRESENTATIONS, COVENANTS, AND WARRANTIES OF THE DISTRICT. District represents, covenants, and warrants to Lessee that:
REPRESENTATIONS, COVENANTS, AND WARRANTIES OF THE DISTRICT. The District represents, covenants and warrants to the Entity as follows:
REPRESENTATIONS, COVENANTS, AND WARRANTIES OF THE DISTRICT. 3 Section 2.2 Representations, Covenants and Warranties of the Bank 9 ARTICLE III 9 Section 3.1 Lease 9 Section 3.2 Term 10 Section 3.3 Extension of Lease Term 10 Section 3.4 Lease Payments 10 Section 3.5 Fair Rental Value 11 Section 3.6 Budget and Appropriation 11
REPRESENTATIONS, COVENANTS, AND WARRANTIES OF THE DISTRICT. The District represents, covenants and warrants to the Lessee that: The District has good and merchantable fee title to the Site and has authority to enter into and perform its obligations under this Site Lease; There are no liens on the Site other than Permitted Encumbrances; All taxes, assessments or impositions of any kind with respect to the Site, if applicable, except current taxes, have been paid in full; The Site is properly zoned (or subject to an exception from zoning) for the intended purpose and utilization of the Site ; The District is in compliance with all laws, regulations, ordinances and orders of public authorities applicable to the Site; Except for Validation Actions concerning the Project, there is no litigation of any kind currently pending or threatened regarding the Site or the District’s use of the Site for the purposes contemplated by this Site Lease; To the best of the District’s knowledge, except for that which shall be disclosed by the District prior to the Project commencement date in the Notice to Proceed: 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 the Lessee or the Lessee’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; no threat exists of a discharge, release or emission of a Hazardous Substance upon or from the Site into the environment; 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; no underground storage tank is now located in the Site or has previously been located therein; no violation of any Environmental Regulation now exists relating to the Site, no notice of any suc...
