Representations of Tenant. Tenant represents and warrants to Landlord that as of the Amendment Date (a) Tenant has not heretofore assigned its interest in the Lease and there are no subleases in effect with respect to the Original Premises; (b) no other person, firm or entity has any right, title or interest in the Lease or in the Original Premises through Tenant; (c) Tenant has the full right, legal power and actual authority to enter into this First Amendment and to terminate Tenant’s lease with respect to the Original Premises without the consent of any person, firm or entity; and (d) Tenant has the full right, legal power and actual authority to bind Tenant to the terms and conditions hereof. Tenant further represents and warrants to Landlord that as of the date hereof there are no (and as of the Surrender Date there shall not be any) mechanic’s liens or other liens encumbering all or any portion of the Original Premises, by virtue of any act or omission on the part of Tenant, its predecessors, contractors, agents, employees, successors or assigns. Notwithstanding the termination of the Lease with respect to the Original Premises, the representations and warranties set forth in this Section 4 shall survive the Surrender Date and Tenant shall be liable to Landlord for any inaccuracy or any breach thereof.
Appears in 1 contract
Samples: Office Lease (Bsquare Corp /Wa)
Representations of Tenant. Tenant represents and warrants to Landlord that as of the Amendment Date (a) Tenant has not heretofore assigned all or any portion of its interest in the Lease Lease, and there are no subleases currently in effect with respect to the Original Premises169 Building; (b) no other person, firm or entity has any right, title or interest in the Lease or in with respect to the Original Premises through Tenant169 Building; (c) Tenant has the full right, legal power and actual authority to enter into this First Amendment Agreement and to terminate Tenant’s lease the Lease with respect to the Original Premises 169 Building without the consent of any person, firm or entity; and (d) Tenant has the full right, legal power and actual authority to bind Tenant to the terms and conditions hereof. Tenant further represents and warrants to Landlord that as of the date hereof there are no (no, and as of the Surrender Termination Date there shall not be any) , mechanic’s liens or other liens encumbering all or any portion of the Original Premises169 Building, by virtue of any act or omission on the part of Tenant, its predecessors, contractors, agents, employees, successors or assigns. Notwithstanding the termination of the Lease with respect to and the Original Premisesrelease of liability provided for herein, the representations and warranties set forth in this Section 4 5 shall survive the Surrender Termination Date and Tenant shall be liable to Landlord for any inaccuracy or any breach thereof.
Appears in 1 contract
Samples: Partial Lease Termination Agreement (Exelixis, Inc.)
Representations of Tenant. Tenant represents and warrants to Landlord that as of the Amendment Date (a) except as expressly provided in Recital B. above, Tenant has not heretofore assigned or sublet all or any portion of its interest in the Lease and there are no subleases in effect with respect to the Original PremisesLease; (b) no other person, firm or entity has any right, title or interest in the Lease or in the Original Premises through TenantLease; (c) subject to execution and delivery of the sublease termination agreements as set forth in Section 1, above, Tenant has the full right, legal power and actual authority to enter into this First Amendment Agreement and to terminate Tenant’s lease with respect to the Original Premises Lease without the consent of any person, firm or entity; and (d) Tenant has the full right, legal power and actual authority to bind Tenant to the terms and conditions hereof. Tenant further represents and warrants to Landlord that as of the date hereof there are no (no, and as of the Surrender Termination Date there shall not be any) , mechanic’s liens or other liens encumbering all or any portion of the Original Premises, by virtue of any act or omission on the part of Tenant, its predecessors, contractors, agents, employees, successors or assigns. Notwithstanding the termination of the Lease with respect to and the Original Premisesrelease of liability provided for herein, the representations and warranties set forth in this Section 4 5 shall survive the Surrender Termination Date and Tenant shall be liable to Landlord for any inaccuracy or any breach thereof.
Appears in 1 contract
Samples: Partial Lease Termination Agreement (Alexza Pharmaceuticals Inc.)