Tenant Acknowledgements. In signing this Tenancy Agreement and taking entry to the Accommodation, the Tenant:
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. With respect to any Letters of Credit, Tenant acknowledges, covenants, warrants, and agrees as follows: (a) Tenant is not a third-party beneficiary of the Letter of Credit, (b) Tenant shall not assign or encumber all or any part of the Letter of Credit and neither the District nor its successors and assigns shall be bound by any assignment or encumbrance by Tenant, (c) no portion of the Security Deposit held in the form of a Letter of Credit shall earn interest, (d) when making a draw request, the District shall not be required to produce or present to the issuer any documents, instruments, or certificates, other than as expressly set forth in the Letter of Credit and shall not be required to produce or present any copies or other documents regarding the draw request to Tenant (excepting only the notice described in Section 5.2 above), (e) Tenant shall not take any action or fail to take any action which might, directly or indirectly, interfere with or delay the presentation or honoring of a sight draft, (f) Tenant shall, at its sole cost and expense, cooperate with the District and take such actions as the District may request with respect to the Letter of Credit including: (i) notifying the District if Tenant has knowledge that any Letter of Credit no longer satisfies the Letter of Credit Requirements; (ii) using best efforts to cause the issuance of a replacement Letter of Credit if required pursuant to any provision of this Lease; and (iii) delivering any amendments, modifications, documents, certificates, or affidavits requested by The District to give effect to the provisions of this Section 5.
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. 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.
Tenant Acknowledgements. Tenant acknowledges to Tenant’s actual knowledge, as follows:
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. 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 that:
Tenant Acknowledgements. 15.04 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.
