Representations of Landlord Sample Clauses
Representations of Landlord. Landlord warrants that as of the Commencement Date: (a) Landlord’s Work will be substantially completed in accordance with the Construction Drawings (as defined in Exhibit E) and otherwise in a workmanlike manner, and will be in substantial compliance with all applicable codes and regulations; and (b) to the best of Landlord’s knowledge, all of the Premises’ mechanical systems (i.e., HVAC, etc.) are functional and in good condition. Landlord further warrants, to the best of its knowledge without any level of inquiry, investigation or diligence, that the Premises is currently in compliance with the ADA and that the Premises does not contain any Hazardous Materials in violation of applicable Environmental Laws. Within fifteen (15) days after Tenant notifies Landlord that it rejects Landlord’s determination of the Prevailing Market Rate, Tenant and Landlord shall negotiate in good faith to reach agreement on the Prevailing Market Rate. If within the fifteen (15) day period Landlord and Tenant do not reach a written agreement on the Prevailing Market Rate, the appraisal process below shall be deemed to have been implemented by Tenant. Once the appraisal process is implemented, Landlord and Tenant shall each appoint, by written notice to the other, a licensed real estate broker who has had, within the immediately preceding seven (7) years, at least five (5) years of commercial office building leasing experience in the Raleigh/Durham, North Carolina area, or a licensed real estate appraiser who has had, within the immediately preceding seven (7) years, at least five (5) years of commercial office appraisal experience in the Raleigh/Durham, North Carolina area, neither of which broker or appraiser shall have a conflict of interests in representing either Landlord or Tenant. If either party fails to appoint such a real estate broker/appraiser within ten (10) days following the expiration of the fifteen (15) day period within which Landlord and Tenant tried to agree on the Prevailing Market Rate, then the broker/appraiser who is appointed shall select the second broker/appraiser. Such two broker/appraisers shall proceed to determine the Prevailing Market Rate using the factors as described above. If such two broker/appraisers are unable to agree upon a Prevailing Market Rate then they shall jointly appoint a third licensed appraiser meeting the required qualifications and the Prevailing Market Rate shall be that amount upon which any two of such three broker/apprai...
Representations of Landlord. Except as expressly set forth in this --------------------------- Lease, neither Landlord nor Landlord's agents or brokers have made any representations or promises with respect to the Premises, the Building, or any other part of the Project. Unless otherwise expressly provided in this Lease, to the extent permitted by applicable law, Landlord and Tenant expressly disclaim any implied warranty that the Premises are suitable for Tenant's intended commercial purpose.
Representations of Landlord. As an inducement to the Tenant to enter into the Lease and any Amendments, HPT shall cause Landlord to represent to Tenant, as of each Closing Date, that:
Representations of Landlord. Landlord represents and warrants to Tenant as of the effective date of this Lease that:
(a) The Premises are not subject to any prior lease, easement, adverse claim, or claims of parties in possession, whether or not shown by the public records, except as set forth on EXHIBIT B.
(b) There is no pending or threatened condemnation action or agreement in lieu thereof which will or may affect the Premises or any part thereof in any respect whatsoever, except as noted in Section 8.5 hereinabove.
(c) There is no action, suit or proceeding, including environmental, pending or threatened against or affecting the Premises or any part thereof.
(d) The execution, delivery and performance of this Lease by Landlord has been duly authorized and this Lease is valid and enforceable against Landlord in accordance with its terms.
(e) Landlord has no knowledge of any fact, action or proceeding, including environmental, whether actual, pending or threatened, which could result in the modification or termination of the present zoning classification of the Premises, or the termination of full free and adequate access to and from the Premises from all adjoining public highways and roads.
(f) Landlord has not agreed to lease or convey or granted any rights with respect to or any part of the Premises or any interest therein to any other person or entity.
(g) The Premises are not subject to any restrictions (recorded or unrecorded), building and zoning laws or ordinances, or other laws, ordinances, rules, regulations and requirements of any Governmental Authority having jurisdiction which do or could prohibit the use of the Premises for the uses set forth in this Lease.
(h) Landlord has not received any notice from any Governmental Authority having jurisdiction over the Premises requiring or specifying any work to be done to the Premises.
(i) Landlord has no knowledge of any existing, threatened or contemplated action, circumstances or conditions (including but not limited to subsurface conditions) which would materially interfere with the development or use of the Premises for an automobile dealership.
(j) As of the date hereof the Premises are, and on the Commencement Date the Premises will be in compliance in all material respects with all restrictive covenants and other restrictions applicable to the Premises and all applicable statutes, ordinances, rules and regulations (federal, state, county and municipal), including without limitation all zoning, environmental, building, he...
Representations of Landlord a. Except for the real property underlying that certain lease agreement, dated June 10, 2001, between Hitachi and Mitsubishi Estate Co., Ld., neither Hitachi, HTS nor any of its Subsidiaries lease or sublease any real property used in connection with the operation of the Business (whether entered into as lessor, lessee, sublessor or sublessee) as of the date hereof, or own any real property used in connection with the operation of the Business, other than the Premises.
b. No person other than Hitachi, HTS or their applicable Subsidiaries has any right to lease the Premises or to materially occupy or use the Premises.
Representations of Landlord. Landlord represents and warrants to Assignee as of the date hereof that:
Representations of Landlord. 48 31. Notices........................................................................... 49 32.
Representations of Landlord. Landlord represents and warrants to Tenant as follows: (i) Landlord is the fee simple and record owner of the Property and the Building, and has the full right, power and authority to execute, deliver and perform its obligations under this Lease and has obtained all consents and taken all actions necessary in connection therewith; (ii) there are no mortgages or ground leases affecting the Property and/or the Building or any portion thereof, except the mortgage granted to Bank of America, N.A.; and (iii) the person executing this Lease on behalf of Landlord is authorized to do so.
Representations of Landlord. 71 20.2.1 Status and Authority of Landlord......................... 71 20.2.2