Tenant Acknowledgements. Tenant acknowledges that there are certain commitments to the US EPA and DTSC to ensure that the measures taken to protect human health and the environment remain effective. One of those commitments is to ensure that tenants are provided notice that asbestos, which is a hazardous substance, may be located on or beneath the property. To ensure that there is no exposure to the asbestos, there is also a soil management plan in effect to maintain the cap integrity. Although the majority of the tasks under that soil management plan are performed by Landlord, Tenant acknowledges and understands that Tenant is specifically prohibited from performing any actions that disturb the soil or asphalt at the Park. Tenant shall obtain Landlord’s prior written consent prior to performing any activities that might disturb the soil or asphalt, or could pxxxxx the polyethylene liner under the buildings at the Park or interfere with the sub-surface venting system at the Park.”
Tenant Acknowledgements. In signing this Tenancy Agreement and taking entry to the Accommodation, the Tenant:
22.1. confirms that it has made full and true disclosure of all information sought by the Landlord in connection with this Agreement;
22.2. confirms that it has not knowingly or carelessly made any false or misleading statements (whether written or oral) which might affect the Landlord's decision to enter into this Agreement; and
22.3. confirms that they are a student enrolled in full time education or will be at the commencement of the Agreement and must inform the Landlord immediately if this ceases to be the case.
22.4. acknowledges that this Agreement and any dispute or claim arising out of or in connection with it or its subject matter will be governed by and construed in accordance with the law of Scotland.
Tenant Acknowledgements. 1.17.01 The Tenant acknowledges that the Landlord and any Person for whom the Landlord may be responsible in law have not made and will not make any representations and warranties with respect to the Agreement to Transfer, this Lease or any of the other Instruments and that none is implied or to be implied by statute or otherwise, except the representations and warranties expressly made in the Agreement to Transfer, this Lease or in any of the other Instruments or in any certificate or statement of fact made or delivered thereunder or hereunder.
1.17.02 The Tenant further acknowledges that it has not relied on and will not rely on any information provided by the Landlord in connection with the Agreement to Transfer, this Lease or in any of the other Instruments, other than the warranties and representations expressly made in the Agreement to Transfer, this Lease or in any of the other Instruments or the certificates or other statements of fact provided thereunder or hereunder.
Tenant Acknowledgements. The Tenant agrees that:
(a) a fundamental assumption in the calculation of any Incentive was that this Lease would continue until the Expiry Date; and
(b) by entering into this Lease the Tenant represented and warranted to the Landlord that if there was no default of the Landlord entitling the Tenant to terminate before the Expiry Date, this Lease would continue until the Expiry Date; and
(c) the Landlord will suffer loss if this Lease is terminated before the Expiry Date, for reasons other than the default of the Landlord, including that any Incentive was calculated on the basis of the assumption set out in clause 17.4(a) and that the Landlord relied on the representation and warranty set out in clause 17.4(b); and
(d) the Loss of Bargain Damage (together with the repayment of part of any Incentive in accordance with clause 17.6) represents a genuine pre-estimate of the loss which will be suffered by the Landlord, including in relation to any Incentive and the early termination of this Lease if it does not continue until the Expiry Date for any reason other than the Landlord's default, without limiting any other loss or damage which the Landlord may recover in connection with early termination of this Lease and, in particular, the other provisions of this clause 17.
Tenant Acknowledgements. Due to the existence of a landfill in the area of the Project, Tenant acknowledges that a methane venting system has been installed at the Project and/or on adjacent properties. In addition, Southern California Edison (SCE) power lines are in the general geographic area of the Project and Tenant acknowledges that there may be interference with Tenant’s equipment or other impacts caused by electric and magnetic fields which may be induced by the SCE power lines. Information with respect to the possible effects of power lines on equipment and human health is available from SCE. Tenant’s acceptance of the Premises in its “AS-IS” condition shall include all matters relating to the methane venting system and the SCE power lines.
Tenant Acknowledgements. The Tenant acknowledges that there have been no representations made by the Landlord which are not set out in this Lease.
Tenant Acknowledgements. The Tenant agrees at any time and front time to time upon request by the Landlord, to execute, acknowledge and deliver to the Landlord a statement in writing certifying that this Lease is unmodified and in full force and effect (or if there have been any modifications that the same is in full force and effect as modified and stating the modifications), and the dates to which the Rent and other charges have been paid in advance, if any, it being intended that any such statement delivered pursuant to this Section may be relied upon by any prospective purchaser of the Landlord’s interest, or mortgage of the Landlord’s interest, or assignee of any mortgage upon the Landlord’s interest in the Leased Premises or by such other person as the Landlord may direct.
Tenant Acknowledgements. Tenant acknowledges that Landlord has advised Tenant that, generally contemporaneously with execution of this Lease, Landlord anticipates that it will execute one or more easements in connection with resolution of protracted negotiations with an affiliate of Chesapeake Energy Corporation, in lieu of condemnation, contemplating relocation of a city sewer easement to accommodate Landlord’s granting of an easement for a gas pipeline in the Common Area east of the Premises, anticipated to be completed prior to the Commencement Date (the “2011 Settlement”). Tenant further acknowledges that Landlord has advised Tenant that at some time in the future, possibly prior to the expiration of the Term, Texas Department of Transportation may take a significant portion of the Property of which the Premises is a part, by the power of eminent domain, in connection with expansion of SH I-35 (the “I-35 Widening”). If the I-35 Widening occurs, there would be associated construction activity, and access and visibility to the Premises could be negatively impacted. Tenant confirms that the Base Rent has been reduced to take into account all the potential losses, problems, uncertainties, delays, and impacts of the I-35 Widening, and Tenant executes this Lease with full knowledge of the foregoing.
Tenant Acknowledgements. Tenant hereby agrees that: (a) all obligations that accrue under this Lease (including the obligation to pay Base Rent and Additional Rent), from and after the date that any bankruptcy or similar action described in Section 25.1.1 is commenced shall be timely performed exactly as provided in this Lease and any failure to so perform shall be harmful and prejudicial to Landlord; (b) any and all obligations under this Lease of Tenant that become due from and after the date that any action is commenced and that are not paid as required by this Lease shall, in the amount of such obligations, constitute administrative expense claims allowable under applicable Laws with priority of payment at least equal to that of any other actual and necessary expenses incurred after the commencement of such action; (c) any extension of the time period within which the Tenant may assume or reject this Lease without an obligation to cause all obligations coming due under this Lease from and after the date that any such action is commenced to be performed as and when required under this Lease shall be harmful and prejudicial to Landlord; (d) any time period designated as the period within which the Tenant must cure all defaults and compensate Landlord for all pecuniary losses which extends beyond the date of assumption of this Lease shall be harmful and prejudicial to Landlord; (e) any assignment of this Lease must result in all terms and conditions of this Lease being assumed by the assignee without alteration or amendment, and any assignment which results in an amendment or alteration of the terms and conditions of this Lease without the express written consent of Landlord shall be harmful and prejudicial to Landlord; (f) any proposed assignment of this Lease to an assignee that does not possess the financial condition, operating performance and experience characteristics equal to or better than the financial condition, operating performance and experience of Tenant as of the Effective Date shall be harmful and prejudicial to Landlord; and (g) the rejection (or deemed rejection) of this Lease for any reason whatsoever shall constitute cause for immediate relief from the automatic stay provisions of any applicable Law (if such stay is imposed), and Tenant stipulates that such automatic stay shall be lifted immediately and possession of the Demised Premises will be delivered to Landlord immediately without the necessity of any further action by Landlord.
