Common use of Representations, Warranties and Covenants of Tenant Clause in Contracts

Representations, Warranties and Covenants of Tenant. (a) Tenant 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 Tenant or any guarantor of Tenant's obligations under this Lease; that all reports, statements and other data furnished by Tenant to Landlord in connection with this Lease are true and correct in all material respects; that the execution and delivery of this Lease by Tenant does not contravene, result in a breach of, or constitute a default under any contract or agreement to which Tenant is a party or by which Tenant may be bound and does not violate or contravene any law, order, decree, rule or regulation to which Tenant is subject; and that there are no judicial or administrative actions, suits, or proceedings pending or threatened against or affecting Tenant or any guarantor of Tenant's obligations under this lease. If Tenant is a corporation, limited liability company or partnership, each of the persons executing this lease on behalf of Tenant represents and warrants that Tenant 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 Tenant 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 Tenant. If Tenant is a corporation, limited liability company or partnership, Tenant, upon Landlord's request, will deliver evidence satisfactory to Landlord that the execution and delivery of this Lease has been duly authorized and properly executed.

Representations, Warranties and Covenants of Tenant. (a) Tenant 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 Tenant or any guarantor of Tenant's ’s obligations under this Lease; that all reports, statements and other data furnished by Tenant to Landlord in connection with this Lease are true and correct in all material respects; that the execution and delivery of this Lease by Tenant does not contravene, result in a breach of, or constitute a default under any contract or agreement to which Tenant is a party or by which Tenant may be bound and does not violate or contravene any law, order, decree, rule or regulation to which Tenant is subject; and that there are no judicial or administrative actions, suits, or proceedings pending or threatened against or affecting Tenant or any guarantor of Tenant's ’s obligations under this lease. If Tenant is a corporation, limited liability company or partnership, each of the persons executing this lease on behalf of Tenant represents and warrants that Tenant 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 Tenant 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 Tenant. If Tenant is a corporation, limited liability company or partnership, Tenant, upon Landlord's ’s request, will deliver evidence satisfactory to Landlord that the execution and delivery of this Lease has been duly authorized and properly executed.

Representations, Warranties and Covenants of Tenant. (a) Tenant 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 Tenant or any guarantor of Tenant's obligations under this Lease; that all reports, statements and other data furnished by Tenant to Landlord in connection with this Lease are true and correct in all material respects; that the execution and delivery of this Lease by Tenant does not contravene, result in a breach of, or constitute a default under any contract or agreement to which Tenant is a party or by which Tenant may be bound and does not violate or contravene any law, order, decree, rule or regulation to which Tenant is subject; and that there are no judicial or administrative actions, suits, or proceedings pending or threatened against or affecting Tenant or any guarantor of Tenant's obligations under this leaseLease. If Tenant is a corporation, limited liability company or partnership, each of the persons executing this lease Lease on behalf of Tenant represents and warrants that Tenant 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 Tenant 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 Tenant. If Tenant is a corporation, corporation or limited liability company or partnershipcompany, TenantTenant shall deliver certified resolutions to Landlord, upon Landlord's request, will deliver evidence satisfactory to Landlord evidencing that the execution and delivery of this Lease has been duly authorized and properly executed, and will deliver such other evidence of existence, authority and good standing as Landlord shall require.

Representations, Warranties and Covenants of Tenant. (a) Tenant 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 Tenant or any guarantor of Tenant's obligations under this Lease; that all reports, statements and other data furnished by Tenant to Landlord in connection with this Lease are true and correct in all material respects; that the execution and delivery of this Lease by Tenant does not contravene, result in a breach of, or constitute a default under any contract or agreement to which Tenant is a party or by which Tenant may be bound and does not violate or contravene any law, order, decree, rule or regulation to which Tenant is subject; and that there are no judicial or administrative actions, suits, or proceedings pending or to Tenant's knowledge threatened against or affecting Tenant or any guarantor of Tenant's obligations under this lease. If Tenant is a corporation, limited liability company or partnership, each Each of the persons executing this lease on behalf of Tenant represents and warrants that Tenant 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 Tenant 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 Tenant. If Tenant is a corporation, limited liability company or partnership, Tenant, upon Landlord's ’s request, will deliver evidence satisfactory to Landlord that the execution and delivery of this Lease has been duly authorized and properly executed.

Representations, Warranties and Covenants of Tenant. Tenant represents to Landlord that (a) Tenant 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 Tenant, (b) there are no judicial or administrative actions, suits, or proceedings pending or threatened against or affecting Tenant or any guarantor of that if adversely determined, would have a material adverse effect on Tenant's ’s ability to perform its obligations under set forth in this Lease; that , (c) all reports, statements and other data information furnished by Tenant to Landlord in connection with this Lease are is true and correct in all material respects; that correct, (d) the execution and delivery of this Lease by Tenant does not contravene, result in a breach of, or constitute a default under any contract or agreement to which Tenant is a party or by which Tenant may is bound, (e) Tenant has had no dealings with any real estate broker or agent in connection with the negotiation of this Lease other than the Broker and the Cooperating Broker and it knows of no other real estate brokers or agents who might be bound entitled to any commission in connection with this Lease, and does not violate or contravene any law, order, decree, rule or regulation to which (f) Tenant is subject; and that there are no judicial not acting, directly or administrative actionsindirectly, suits, for or proceedings pending or threatened against or affecting Tenant or any guarantor of Tenant's obligations under this lease. If Tenant is a corporation, limited liability company or partnership, each of the persons executing this lease on behalf of Tenant represents any Person or nation named by any Executive Order or the United States Treasury Department as a terrorist, “Specially Designated National and warrants Blocked Person,” or other banned or blocked Person, nation, or transaction pursuant to any Applicable Law that is enforced or administered by the Office of Foreign Assets Control, and Tenant is duly organized and existingnot engaged in this transaction, is qualified to do business in the state in which the Leased Premises are locateddirectly or indirectly, has full right and authority to enter into this Lease, that the persons signing on behalf of, or instigating or facilitating this transaction, directly or indirectly, on behalf of, any such Person or nation. Tenant agrees that (w) a diminution or shutting off of Tenant light, air, or view by any structure that is hereafter erected on the Project or lands adjacent to the Project will not affect this Lease or impose any liability on Landlord (even if Landlord is the adjacent land owner), (x)the rentable areas of the Project and the Premises on the Effective Date are authorized conclusively deemed to do so by appropriate corporate, company or partnership action and that be the numbers of square feet set forth in definitions of such terms, (y) all covenants, terms, and conditions and covenants in this Lease are enforceable against Tenant. If Tenant is a corporation, limited liability company or partnership, Tenant, upon Landlord's request, will deliver evidence satisfactory to Landlord that the execution and delivery of this Lease for determining charges and amounts of Rent are commercially reasonable, and each such charge or amount constitutes a “method by which the charge is to be computed” for purposes of Section 93.012 of the Texas Property Code, and (z) no agreement to accept surrender of the Premises will be valid unless executed by Landlord, as no employee or agent of Landlord has been duly authorized any power to accept a surrender before the termination of this Lease. Tenant waives its right to claim a lien under §91.004(b) of the Texas Property Code. Once per year within 30 days after request by Landlord, Tenant will deliver to Landlord current audited financial statements (including a balance sheet and properly executedincome statement) of Tenant (or if Tenant’s financial information is consolidated with the financial information of its parent, of Tenant’s parent, prepared by a certified public accountant acceptable to Landlord in accordance with GAAP, and certified as accurate and complete by an officer, partner, or owner of Tenant (or Tenant’s parent, as applicable) (but this requirement will not apply to the original Tenant for so long as such original Tenant’s parent company is a publicly traded company listed on NASDAQ or a similar exchange and Tenant’s financial statements or those of its parent are available on Tenant’s website).

Representations, Warranties and Covenants of Tenant. (a) Tenant 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 Tenant or any guarantor of Tenant's obligations under this Lease; that all reports, statements and other data furnished by Tenant to Landlord in connection with this Lease are true and correct in all material respects; that the execution and delivery of this Lease by Tenant does not contravene, result in a breach of, or constitute a default under any contract or agreement to which Tenant is a party or by which Tenant may be bound and does not violate or contravene any law, order, decree, rule or regulation to which Tenant is subject; and that there are no judicial or administrative actions, suits, or proceedings pending or -29- 29 threatened against or affecting Tenant or any guarantor of Tenant's obligations under this leaseLease. If Tenant is a corporation, limited liability company corporation or partnership, each of the persons executing this lease Lease on behalf of Tenant represents and warrants that Tenant 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 Tenant are authorized to do so by appropriate corporate, company corporate or partnership action and that the terms, conditions and covenants in this Lease are enforceable against Tenant. If Tenant is a corporation, limited liability company or partnership, TenantTenant will deliver certified resolutions to Landlord, upon Landlord's request, will deliver evidence satisfactory to Landlord evidencing that the execution and delivery of this Lease has been duly authorized and properly executed, and will deliver such other evidence of existence, authority and good standing as Landlord shall require.

Representations, Warranties and Covenants of Tenant. Tenant represents, warrants, and covenants to Landlord that: (a) Tenant represents, warrants shall fully and covenants that it is now in a solvent condition; that no bankruptcy or insolvency proceedings are pending or contemplated by or against Tenant or any guarantor of Tenant's faithfully perform through the Termination Date all obligations under this Lease; that all reports, statements and other data furnished required to be performed by Tenant under the Lease. (b) On or prior to Landlord in connection with this Lease are true the Termination Date, Tenant shall terminate, effective as of the Termination Date, all contracts and correct in all material respects; that the execution and delivery of this Lease by Tenant does not contravene, result in a breach of, or constitute a default under any contract or agreement agreements to which Tenant is a party and which concern the Premises. (c) Tenant shall vacate and surrender the Premises in accordance with the provisions of the Lease and this Agreement on or by which before the Termination Date. (d) Tenant may be bound and does has not violate previously assigned, sublet, transferred or contravene conveyed any lawportion of its interest in the Lease, order, decree, rule or regulation except pursuant to which Tenant is subject; and that there are no judicial or administrative actions, suitsthe Sublease, or proceedings pending assigned or threatened against transferred any claim, demand, obligation, liability, action or affecting Tenant cause of action arising out of or any guarantor of Tenant's obligations under this lease. If Tenant is a corporation, limited liability company or partnership, each of the persons executing this lease on behalf of Tenant represents and warrants that Tenant 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 and Tenant are authorized further covenants not to do so prior to the Termination Date. (e) All rights of Tenant to possess or occupy the Premises are and shall be terminated as of the Termination Date, and Tenant covenants to surrender the Premises to Landlord free of any rights of occupancy created or granted by appropriate corporateTenant. (f) Nothing has been or will be done or suffered whereby any alterations, company decorations, installations, additions or partnership action improvements in and to the Premises or any part thereof, have been or will be encumbered in any way whatsoever, and that Tenant owns and will have good right to surrender the termssame. (g) Tenant did not use, conditions manufacture, store, or dispose of any hazardous or controlled substances or wastes which are regulated by any state, local or federal laws or ordinances on the Premises and covenants to the best of Tenant’s knowledge, no such hazardous or controlled substances or wastes have been spilled or otherwise disposed of on the Premises during the term of the Lease. (h) Tenant has not made a general assignment for the benefit of creditors, filed any voluntary petition in this Lease are enforceable against Tenant. If Tenant is bankruptcy, suffered the filing of any involuntary petition in bankruptcy, suffered the appointment of a corporationreceiver, limited liability company or partnership, Tenant, upon Landlord's request, will deliver evidence satisfactory admitted in writing its inability to Landlord that the execution and delivery of this Lease has been duly authorized and properly executedpay its debts as they become due.

Representations, Warranties and Covenants of Tenant. (a) Tenant 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 Tenant or any guarantor of Tenant's obligations under this Lease; that all reports, statements and other data furnished by Tenant to Landlord in connection with this Lease are true and correct in all material respects; that the execution and delivery of this Lease by Tenant does not contravene, result in a breach of, or constitute a default under any contract or agreement to which Tenant is a party or by which Tenant may be bound and does not violate or contravene any law, order, decree, rule or regulation to which Tenant is subject; , and that there are no judicial or administrative actions, suits, or proceedings pending or threatened against or affecting Tenant Tenant's or any guarantor of Tenant's obligations under this leaseLease. If Tenant is a corporation, limited liability company corporation or partnership, each of the persons executing this lease on behalf of Tenant represents and warrants that Tenant is Is duly organized and existing, is qualified to do business in the state in which the Leased Premises are located, has bas full right and authority to enter into this Lease, that the persons signing on behalf of Tenant are authorized to do so by appropriate corporate, company corporate or partnership action and that the terms, conditions and covenants in this Lease are enforceable against Tenant. If Tenant is a corporation, limited liability company or partnership, TenantTenant will deliver certified resolutions to Landlord, upon Landlord's request, will deliver evidence satisfactory to Landlord evidencing that the execution and delivery of this Lease has been duly authorized and properly executed, and will deliver such other evidence of existence, authority and good standing as Landlord shall require.

Representations, Warranties and Covenants of Tenant. (a) Tenant 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 Tenant or any guarantor of Tenant's obligations under this Lease; that all reports, statements and other data furnished by Tenant to Landlord in connection with this Lease are true and correct in all material respects; that the execution and delivery of this Lease by Tenant does not contravene, result in a breach of, or constitute a default under any contract or agreement to which Tenant is a party or by which Tenant may be bound and does not violate or contravene any law, order, decree, rule or regulation to which Tenant is subject; and that there are no material judicial or administrative actions, suits, or proceedings pending or threatened against or affecting Tenant or any guarantor of Tenant's obligations under this leaseLease. If Tenant is a corporation, limited liability company corporation or partnership, each of the persons executing this lease Lease on behalf of Tenant represents and warrants that Tenant 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 Tenant are authorized to do so by appropriate corporate, company corporate or partnership action and that the terms, conditions and covenants in this Lease are enforceable against Tenant. If Tenant is a corporation, limited liability company or partnership, TenantTenant shall deliver certified resolutions to Landlord, upon Landlord's request, will deliver evidence satisfactory to Landlord evidencing that the execution and delivery of this Lease has been duly authorized and properly executed, and will deliver such other evidence of existence, authority and good standing as Landlord shall require.