Representations of Landlord. To induce Tenant to enter into this Lease, Landlord represents and warrants to Tenant as follows:
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. 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. Landlord represents and warrants to Tenant as follows:
(a) Landlord has sufficient liquid and other assets and experience and sophistication in investment matters that it does and would qualify as an "Accredited Investor" within the meaning of the federal and state securities laws and regulations;
(b) Landlord has conducted its own independent due diligence, with the assistance of its own legal and financial advisors having appropriate expertise in such matters, concerning the present and potential financial and business condition and prospects of Tenant and into the present and/or potential value of the common stock of Tenant, and has relied solely on the results thereof, including the advice of its own advisers, in deciding to accept 50,000 shares of common stock of Tenant as part of the consideration for this Agreement;
(c) Other than as expressly represented in this Agreement, Landlord has not relied upon anything stated, orally or in writing, expressly or by implication, by Tenant in deciding to enter into this Agreement and/or to accept 50,000 shares of common stock of Tenant as part of the consideration for this Agreement;
(d) Landlord understands and acknowledges that the 50,000 shares of common stock of Tenant which are to be delivered as part of the consideration for this agreement are restricted shares which have not been registered pursuant to either state or federal securities laws, that there is presently no available market for such shares and that such shares may not be freely transferred or sold. Landlord further understands and acknowledges that Tenant makes no representation, express or implied, that there ever will be a market or means of transferring or selling such shares;
(e) Landlord understands and acknowledges that (i) the 50,000 shares are restricted securities (as defined under Rule 144) and may not be offered, sold or otherwise transferred unless and until registered under the Securities Act or pursuant to an exemption from the registration requirements thereof and (ii) the certificates representing the Shares will bear a legend substantially in the following form: "THE SECURITIES EVIDENCED HEREBY HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE "SECURITIES ACT"), OR APPLICABLE STATE SECURITIES LAWS AND MAY NOT BE OFFERED FOR SALE, SOLD, PLEDGED, ASSIGNED OR OTHERWISE DISPOSED OF, AND NO TRANSFER OF THE SECURITIES MAY BE EFFECTED BY THE COMPANY OR ITS TRANSFER AGENT, IN THE ABSENCE OF SUCH REGISTRATION...
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 Assignee as of the date hereof that:
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. 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 FMR LLC; 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
