Representations, Warranties and Covenants of Landlord. Landlord represents, warrants and covenants as follows:
Representations, Warranties and Covenants of Landlord. Landlord represents to and covenants with Tenant that:
(a) Landlord is the fee simple owner of the Property;
(b) Landlord has obtained all consents or approvals which Landlord may require from any and all third parties or governmental agencies and as needed to fulfill its obligations to Tenant under this Lease;
(c) There are no agreements, restrictions, restrictive covenants or the like, whether of record or not, to which Landlord is a party which would materially and adversely affect Tenant’s use of the Leased Premises for the Permitted Use, and Tenant’s quiet and peaceful possession thereof;
(d) As of the date of execution of this Lease, there are no mortgages or other lienholders having any interest in the Property, Building or the Leased Premises;
(e) Landlord agrees to indemnify Tenant from and against any and all loss and damage, including any court costs or reasonable attorneys’ fees, that may be incurred by Tenant on account of any failure or defect in Landlord’s title to the Leased Premises or right to enter into this Lease.
(f) Notwithstanding Tenant’s acceptance of delivery of the Leased Premises, if Tenant discovers any latent defect in the Leased Premises, which existed on the Commencement Date including, but not limited to discovery that any structural element or exterior surface is not sound and water tight, or the roof, roof covering and membrane are not water tight, or that the structural system walls, concrete slab, footings or foundations are not structurally sound, or that any system serving the Leased Premises, including the electrical and plumbing systems to the Leased Premises, are not in proper working order, Tenant shall notify Landlord and Landlord shall, provided it receives such notice within ninety (90) days of the Commencement Date, immediately repair the same, at Landlord’s sole cost and expense.
Representations, Warranties and Covenants of Landlord. Landlord hereby represents, warrants and covenants to Tenant that as of the Commencement Date:
Representations, Warranties and Covenants of Landlord. Landlord represents, warrants and covenants that it is now in a solvent condition; that no bankruptcy or insolvency proceedings are pending or contemplated by or against Landlord that all reports, statements and other data furnished by Landlord to Tenant in connection with this Lease are true and correct in all material respects; that the execution and delivery of this Lease by Landlord does not contravene, result in a breach of, or constitute a default under any contract or agreement to which Landlord is a party or by which Landlord may be bound and does not violate or contravene any law, order, decree, rule or regulation to which Landlord is subject; and that there are no judicial or administrative actions, suits, or proceedings pending or threatened against or affecting Landlord. Landlord represents and warrants that it is duly organized and existing, is qualified to do business in the state in which the Leased Premises are located, has full right and authority to enter into this Lease, that the persons signing on behalf of Landlord are authorized to do so by appropriate corporate, company or partnership action and that the terms, conditions and covenants in this Lease are enforceable against Landlord.
Representations, Warranties and Covenants of Landlord. Xxxxxxxx acknowledges and agrees that the representations and warranties of Landlord contained in this Section 3.2 constitute a material inducement to Tenant to enter into this Agreement and the transaction contemplated hereby, and that without the inclusion of this Section 3.2, Tenant would not have entered into this Agreement. In this regard, Landlord represents and warrants to Tenant that each of the following is true and correct on the date hereof and on the Termination Date:
Representations, Warranties and Covenants of Landlord. Landlord represents, warrants and covenants to Tenant as follows:
(a) Landlord is duly authorized to and has the full power and authority to enter into this Third Amendment and to perform all of Landlord’s obligations under the Lease as amended hereby. Xxxxxxxx has complied with all applicable laws in entering into this Third Amendment, including, without limitation, any laws requiring prior public notice or opportunity for bidding on same, and Tenant is relying on such compliance in entering into this Third Amendment.
(b) Tenant is not currently in default under the Lease, and to Landlord’s knowledge, no event or condition has occurred or presently exists which, with notice or the passage of time or both, would constitute a default by Tenant under the Lease.
(c) Xxxxxxxx agrees to provide such further assurances as may be requested to carry out and evidence the full intent of the parties under the Lease as amended hereby, and ensure Tenant’s continuous and uninterrupted use, possession and quiet enjoyment of the Premises under the Lease as amended hereby.
(d) Landlord acknowledges that the Premises, as defined, shall include any portion of Landlord’s property on which communications facilities or other Tenant improvements exist on the date of this Third Amendment.
Representations, Warranties and Covenants of Landlord. As an inducement to Tenant to enter into and proceed under this Lease, Landlord warrants and represents to Tenant as follows, which warranties, representations and covenants are true and correct as of the date of this Lease:
(a) Landlord has the right, power and authority to enter into this Lease and to lease the Leased Premises to Tenant in accordance with the terms, provisions and conditions contained in this Lease; and
(b) the entry by Landlord into this Lease and the performance of all of the terms, provisions and conditions contained herein will not, or with the giving of notice or the passage of time, or both, would not, violate or cause a breach or default under any other agreements to which Landlord is a party or by which it is bound.
(c) Landlord warrants and represents to Tenant that there is not present on, under or about the Leased Premises any Hazardous Substances in such a manner as would require remediation or notice to any governmental authority under Hazardous Substance Laws.
Representations, Warranties and Covenants of Landlord. 11.1 Landlord hereby represents and warrants to Tenant as of the Effective Date as follows:
Representations, Warranties and Covenants of Landlord. 8.1. Landlord represents and warrants to Lessee that, as of the Effective Date:
(a) There are no circumstances known to Landlord nor, to Landlord’s knowledge, are there any commitments to third parties that may damage, impair or otherwise adversely affect Lessee’s construction, use, or operation of the Facility or the Facility Uses (including activities that may adversely affect the Facility’s exposure to sunlight) in any material respect; and
(b) Landlord is the sole owner of the Property and holds good and marketable fee simple title to the Property.
Representations, Warranties and Covenants of Landlord. Landlord represents, warrants and covenants to Tenant as follows:
(a) Landlord possesses fee simple title to the real property on which the Premises is located and is the Landlord under the Agreement.
(b) Landlord is duly authorized to and has the full power and authority to enter into this Third Amendment and to perform all of Landlord’s obligations under the Agreement as amended hereby.
(c) Tenant is not currently in default under the Agreement, and to Landlord’s knowledge, no event or condition has occurred or presently exists which, with notice or the passage of time or both, would constitute a default by Tenant under the Agreement.
(d) Xxxxxxxx agrees to provide such further assurances as may be requested by Xxxxxx to carry out and evidence the full intent of the parties under the Agreement as amended hereby, and ensure Tenant’s continuous and uninterrupted use, possession and quiet enjoyment of the Premises under the Agreement as amended hereby.
(e) Landlord acknowledges that the Premises, as defined, shall include any portion of Landlord’s property on which communications facilities or other Tenant improvements exist on the date of this Third Amendment.
