Representations of Sublessor. Sublessor represents and warrants that the Lease is in good standing and that Sublessor has, to the best of its knowledge, complied with all of its obligations thereunder through the date hereof. Sublessor represents and warrants that there is currently no default under the Lease and no factual situation that, but for the passage of time, would become a default. Sublessor shall pay to the Landlord under the Lease all base rent, additional rent, and other amounts required to be paid by the tenant under the Lease which pertain to Suite 550. Sublessor shall not be obligated to perform, nor does it guarantee the performance of, Landlord's duties under the Lease. In the event of any default of Landlord, Sublessee shall send any required notices to Landlord with a copy to Sublessor. Sublessee agrees that Sublessor's only obligation in such event will be to join with Sublessee, at Sublessee's expense, in making demand on Landlord to fulfill its obligations under the Lease. In no event shall Sublessee be allowed any abatement or diminution of rent under this sublease because of Landlord's failure to perform any of its obligations under the Lease, unless under the terms of the Lease the tenant would likewise be allowed an abatement or diminution of rent under the Lease.
Representations of Sublessor. Sublessor represents and warrants that:
(a) It has the right, power and authority to enter into and perform its obligations under this Agreement, and the execution and delivery of this Agreement by Sublessor have been duly authorized by all necessary action on the part of Sublessor. This Agreement constitutes a legal, valid and binding obligation of Sublessor, enforceable in accordance with its terms.
(b) It is a corporation duly organized, existing and in good standing under the laws of the State of Minnesota and has all necessary power and authority under applicable law and its organizational documents to own or lease its properties and to carry on its business as presently conducted.
(c) It is a “citizen of the “United States” as defined in Section 40102(a)(15) of Xxxxx 00, Xxxxxx Xxxxxx Code.
Representations of Sublessor. Sublessor represents that: (a) it is a corporation organized and existing in good standing under the Laws of the Delaware and has the corporate power and authority to carry on its business and to perform all of its obligations under this Sublease; and (b) this Sublease has been duly authorized and executed by Sublessor and that the execution, delivery, and performance of this Sublease by Sublessor does not violate any Law or agreement applicable to Sublessor or result in the creation of any lien, charge or encumbrance on Sublessor’s property.
Representations of Sublessor. Sublessor represents and warrants that:
(a) It has the absolute and unrestricted right, power and authority to enter into and perform its obligations under this Agreement, and the execution and delivery of the Agreement by Sublessor have been duly authorized by all necessary action on the part of Sublessor. The Agreement constitutes a legal, valid and binding obligation of Sublessor, enforceable in accordance with its terms;
(b) It is a limited liability company duly organized, existing and in good standing under the laws of the State of Delaware and has all necessary power and authority under applicable law and its organizational documents to own or lease its properties and to carry on its business as presently conducted;
(c) It is a “citizen of the “United States” as defined in Section 40102(a)(15) of Txxxx 00, Xxxxxx Xxxxxx Code.
Representations of Sublessor. Sublessor represents that it has obtained the written consent of Lessor to this Sublease, as required in the Lease. Sublessor further agrees that LACD shall be entitled, as to the Subleased Premises, to all of the benefits and privileges to which Sublessor is entitled under the Lease.
Representations of Sublessor. Sublessor represents and warrants to the Sublessee and to the New Lessor as of the Closing Date as follows:
(i) all payments of Rent due as at the Closing Date have been duly made to the Sublessor and received by it, and
(ii) as of the Closing Date, Sublessor is not aware of any claims that it has against the Sublessee arising under or pursuant to the Sublease.
Representations of Sublessor. Sublessor represents and warrants to Sublessee that:
a. The copy of the Master Lease, along with all amendments thereto, attached as Exhibit A is a true, complete and accurate copy of the Master Lease currently in effect and that there exists no other agreement affecting Sublessor’s tenancy under the Master Lease.
b. Other than the existing Sublease between the parties, Sublessor has not heretofore assigned or sublet all or any portion of its interest in the Master Lease.
c. Sublessor covenants that except in connection with the signage as set forth in Section 10 hereof, the Master Lease is in full force and effect and no default exists under the Master Lease, nor have any acts or events occurred which, with the passage of time or the giving of notice or both, could become defaults.
d. To the best of Sublessor’s knowledge, and excluding any right or interest of Landlord’s lenders, no person, firm or entity other than Landlord or Sublessor has any right, title or interest in the Master Lease.
e. Sublessor has the full right, legal power and actual authority to enter into this Amendment without the consent of any person, firm or entity.
f. The condition precedent created by section 1.2 of the Master Lease has been satisfied.
g. Subject to written confirmation prior to the Amendment Effective Date, the Commencement Date of the Master Lease is October 1, 1998, and the Initial Term of the Master Lease will expire on September 30, 2008.
h. Landlord has fully completed construction of the Premises in accordance with section 2.2 of the Master Lease and elsewhere. Neither Landlord nor Sublessor has any payment or reimbursement obligations to one another in connection with the construction of the Premises.
i. Current monthly Base Rent paid to Landlord is $136,927.00; current monthly operating expenses and tax reimbursement paid directly to Landlord for the month of May 2002 was $4,229; monthly operating expenses paid directly by Sublessor for the month of May 2002 was $36,952.
j. Sublessor is not required to post any security deposit with Landlord under the Master Lease as of the Amendment Effective Date.
Representations of Sublessor. Sublessor hereby represents and warrants unto Sublessee as follows:
13.1 The Master Lease and Master Sublease are in full force and effect and, to the knowledge of Sublessor, there is no default thereunder or no event which, with the passage of time and giving of notice or both, would constitute a default thereunder;
13.2 Sublessor is a limited liability partnership duly incorporated, validly existing, and in good standing under the laws of the State of Washington;
13.3 Sublessor has full corporate right and authority to enter into this Sublease and to perform all of Sublessor’s obligations hereunder; and
Representations of Sublessor. Sublessor represents to Sublessee that each of the following are true and correct as of the date of this Sublease:
(a) A true and correct copy of the Lease is attached hereto as Exhibit A.
(b) To the best knowledge of Sublessor, the Lease is in full force and effect and has not been further modified.
(c) To the best knowledge of Sublessor, Sublessor is not in default under the Lease.
(d) Sublessor has not received any notice from the Landlord claiming that Sublessor is, or absent remedial action or cure will be, in default under the Lease.
(e) To the best knowledge of Sublessor, Landlord is not in default under the Lease.
(f) The Lease contains the entire agreement with respect to the Premises between the Landlord and Sublessor.
Representations of Sublessor. Sublessor represents and warrants that the Lease is in good standing and that Sublessor has, to the best of its knowledge, complied with all of its obligations thereunder through the date hereof.
