Representations of Lessee. Effective as of the date of execution hereof, as of each Closing Date and as of each Funding Date, the Lessee represents and warrants to each of the other parties hereto as follows:
Representations of Lessee. The Lessee represents and warrants to the Lessor that:
Representations of Lessee. Lessee represents and warrants to Lessor that (i) Lessee is the sole legal and beneficial owner of the leasehold estate under the Lease and (ii) Lessee has the full power and authority to enter into this Amendment without the joinder or consent of any other party.
Representations of Lessee. Lessee represents and warrants that: (a) he will use the Aircraft for his own account, including the carriage of his guests, and will not use the Aircraft for the purpose of providing transportation of passengers or cargo in air commerce for compensation or hire; (b) he shall not permit any lien, security interest or other encumbrance in connection with inspection, preventative maintenance, maintenance or storage of the Aircraft, whether permissible or impermissible under this Agreement, nor shall there be any attempt by any Party hereto to convey, mortgage, assign, lease or any way alienate the Aircraft or create any kind of lien or security interest involving the Aircraft, or do anything or take any action that might mature into such a lien; and (c) during the term of this Agreement, he will abide by and conform to all such laws, governmental and airport orders, rules and regulations, as shall from time to time be in effect relating in any way to the operation and use of the Aircraft by a time-sharing Lessee.
Representations of Lessee. Lessee warrants that during the term of this Agreement:
A. He shall use the Aircraft for and on account of his own business only, and will not use the Aircraft for the purpose of providing transportation of passengers or cargo in air commerce for compensation or hire;
B. He shall refrain from incurring any mechanics or other lien in connection with inspection, preventative maintenance, maintenance or storage of the Aircraft, whether permissible or impermissible under this Agreement, nor shall there be any attempt by any party hereto to convey, mortgage, assign, lease or any way alienate the Aircraft or create any kind of lien or security interest involving the Aircraft or do anything or take any action that might mature into such a lien;
C. He shall abide by and conform to all such laws, governmental and airport orders, rules and regulations, as shall from time to time be in effect relating in any way to the operation and use of the Aircraft by a time-sharing Lessee;
D. He shall not violate, and shall not permit any of his employees, agents, or guests to violate, any applicable law, regulation or rule of the United States, and state, territory of local authority, or any foreign government or subdivision thereof, and shall not bring or cause to be brought or carried on board the Aircraft, or permit any employee, agent or guest to bring or cause to be brought or carried on board the Aircraft, any contraband or unlawful articles or substance in any jurisdiction into or over which the Aircraft is to operate on its behalf.
E. He shall, and he shall cause his employees, agents and guests to, comply with all lawful instructions and procedures of Lessor and its agents and employees regarding the Aircraft, its operation or flight safety.
F. That his discretion in determining the origin and destination of flights under this Agreement shall at all times be subject to the following:
(i) such origin and destination, and the routes to reach such origin and destination, are not within or over (a) an area of hostilities, (b) an area excluded from coverage under the insurance policies maintained by Lessor with respect to the Aircraft, or (c) a country or jurisdiction for which exports or transactions are subject to specific restrictions under any United States export or other law or United Nations Security Council Directive, including without limitation, the Trading With the Enemy Act, 50 U.S.C. App. Section 1 et seq. and International Emergency Economic Powers Act, 50 U.S...
Representations of Lessee. Lessee represents and warrants that:
(a) Lessee will use the Aircraft for and on account of Xxxxxx’s own business or personal use only in strict accordance with the provisions of this Agreement, and specifically in accordance with applicable law, and will neither sell seats to passengers nor sell space for cargo or otherwise use the Aircraft for the purpose of providing transportation of passengers or cargo in air commerce for compensation or hire.
(b) Lessee shall refrain from incurring any mechanics or other lien in connection with inspection, preventive maintenance, maintenance or storage of the Aircraft or otherwise, whether permissible or impermissible under this Agreement, and that Xxxxxx shall refrain from attempting to convey, mortgage, assign, lease or any way alienate the Aircraft or from creating any kind of lien or security interest involving the Aircraft, or do anything or take any action that might mature through notice or the passage of time into such a lien.
(c) During the term of this Agreement, Lessee will abide by and conform to all such laws, governmental and airport orders, rules and regulations, as shall from time to time be in effect relating in any way to the operation and use of the Aircraft by a time-sharing lessee, including, without limitation, Part 91 of the FARs.
Representations of Lessee. In order to induce Lessor to enter into this Lease and to lease the Aircraft from Lessor hereunder, Lessee represents and warrants that:
a. Lessee has full power, authority and legal right to execute, deliver and perform this Lease, and the execution, delivery and performance of this Lease has been duly authorized by all necessary Corporate action on behalf of Lessee.
b. This Lease has been duly executed and delivered by Lessee and constitutes the legal, valid and binding obligation of Lessee enforceable in accordance with its terms.
c. Lessee is a citizen of the United States under 49 U.S.C. Section 40102(a)(1 5) and as such may be amended from time to time.
Representations of Lessee. Lessee, on behalf of itself and its Subsidiaries, represents and warrants to each of the other parties hereto as of the Restatement Date, other than with respect Disclosed Matters, that:
Representations of Lessee. Each item of Equipment has been delivered to the location indicated above, tested, inspected, found to be in good working order and accepted by the Lessee on its Installation Date.
Representations of Lessee. In order to induce Lessor to enter into this Lease, the Lessee has made the following representations, and no others:
A. Lessee has inspected the premises and found them to be fit for its intended purposes.
B. Lessee has assured itself that the zoning of the premises will permit the intended use, and will not violate any zoning or land use rules during occupancy, and will obtain and keep in force all licenses and permits required for the operation of Lessee's business at the premises.
C. Lessee is acting solely on its own behalf, and not on behalf of any third party or undisclosed principal whomsoever.
D. Lessee will perform and abide by each and every term, covenant and agreement of this lease.
E. Lessee shall comply with all laws, rules and regulations, including but not limited to building codes, housing codes, and other codes of any nature, and shall cause its subtenants to do likewise.
F. EXCEPT FOR THE ITEMS SET FORTH SPECIFICALLY IN THIS LEASE, ALL WARRANTIES OF ANY NATURE CONCERNING THE PREMISES, EITHER ORAL OR WRITTEN, EXPRESSED OR IMPLIED, ARE WAIVED BY LESSEE. LESSEE UNDERSTANDS AND AGREES THAT LESSOR DOES NOT WARRANT THE CONDITION OF ANY IMPROVEMENTS ON THE PROPERTY, THEIR HABITABILITY OR THEIR FITNESS FOR ANY PARTICULAR PURPOSE, AND THAT ALL SUCH WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, ARE HEREBY WAIVED BY LESSEE AND DISCLAIMED BY LESSOR. LESSEE ACCEPTS THE CONDITION OF THE PREMISES “AS IS.” The lessee has requested, and shall be entitled to an opportunity to walkthrough and photograph the condition of the property and facilities prior to execution of this lease.
G. Lessee warrants that it is duly formed and validly existing under state law and local ordinances, and that it is a qualified, exempt, charitable organization pursuant to I.R.S. regulations 501(c)(3) and that all things required by law or by Lessee's governing documents, necessary to the execution of this lease have been accomplished, and the person signing this lease is authorized to bind Lessee.
