Tenant’s Warranties. Tenant hereby covenants and warrants to the City that all of the following are true, correct, and complete on the Effective Date and shall be true, correct, and complete throughout the Term:
1.2.1 Tenant has authority to enter into, execute, and deliver this Ground Lease, and has duly authorized the execution and delivery of this Ground Lease; and
1.2.2 Tenant represents that Xxxxxx has had a full opportunity to inspect the Leased Premises and has determined that the Leased Premises are suitable for the intended use and accepts the Leased Premises “AS IS” and “WHERE IS” with all faults. Xxxxxx’s taking possession of the Leased Premises constitutes Tenant’s acknowledgment that the Leased Premises are in good condition and that the City makes no representation or warranty regarding the condition of the Leased Premises nor any use that may be made thereof. The failure of any representation or warranty by the Tenant in this Ground Lease to be true when deemed given hereunder shall constitute a default by Xxxxxx.
Tenant’s Warranties. Tenant warrants, represents, covenants and agrees that, in the operation of its business within the Leased Premises, Tenant shall: (a) pay before delinquency any and all taxes, assessments and public charges levied, assessed or imposed upon Tenant's business, or upon Tenant's fixtures, furnishings or equipment in the Leased Premises, or upon any leasehold interest or personal property of any kind, owned by or placed in or about the Leased Premises by Tenant or by anyone claiming by, through or under Tenant, including, without limitation, any transfer taxes, and pay when and as due all license fees, permit fees and charges of a similar nature required for the conduct by Tenant or any subtenant or concessionaire of any business or undertaking authorized hereunder to be conducted in or from the Leased Premises; (b) observe all reasonable requirements promulgated by Landlord at any time and from time to time relating to delivery vehicles, the delivery of merchandise, and the storage and removal of trash and garbage; (c) not use any space outside the Leased Premises for sale, storage or any other undertaking; (d) not use the plumbing facilities in the Leased Premises for any purpose other than that for which they were constructed, nor dispose of any foreign substances therein; (e) not use any advertising medium or sound devices inside or adjacent to the Leased Premises which produce or transmit sounds which are audible beyond the interior of the Leased Premises; (f) not permit any odor to emanate from the Leased Premises which is objected to by Landlord or by any tenant or occupant of the Retail Development (and, upon written notice from Landlord, Tenant shall immediately cease and desist from causing such odor, and Landlord may deem the failure by Tenant to do so, a material breach of this Lease); (g) keep the Leased Premises and any platform, loading dock or service area used by Tenant in a neat, clean, safe and sanitary condition; (h) promptly comply with all present and future laws, ordinances, orders, rules, regulations and requirements of all governmental authorities having jurisdiction, and observe and comply with all covenants and restrictions of record and all notices from Landlord's mortgagee, affecting or applicable to the Retail Development or affecting or applicable to the Leased Premises or the cleanliness, safety, occupancy and use of the same, whether or not any such law, ordinance, order, rule, regulation, covenant, restriction, or other requir...
Tenant’s Warranties. Tenant is duly organized and in good standing in the state of its organization and qualified to do business in the State of Michigan. All necessary action to approve, execute, deliver, and perform this Lease has been taken by Tenant. This Lease is the valid and binding obligation of Tenant, enforceable against Tenant in accordance with its terms. The person executing this Lease has full power and authority to enter into this Lease and to bind Tenant to all of Tenant's obligations under this Lease.
Tenant’s Warranties. Tenant warrants and certifies as follows:
A. Tenant and its officers, employees and agents are neither officers nor employees of the City.
B. Tenant has tendered to the City the Contracts Disclosure Statement in compliance with the City’s Ethics Code.
C. Tenant understands and agrees to comply with the Non-Discrimination Policy of the City of San Antonio contained in Chapter 2, Article X of the City Code and further, shall not discriminate on the basis of race, color, religion, national origin, sex, sexual orientation, gender identity, veteran status, age or disability, unless exempted by state or federal law, or as otherwise established herein.
Tenant’s Warranties. Tenant hereby represents, warrants and covenants that Tenant will comply with each of the following requirements:
Tenant’s Warranties. Tenant hereby represents and warrants to Landlord as of the date hereof and as of the Commencement Date the following:
(a) Tenant is a duly organized and validly existing corporation in the State of Delaware. Tenant has fill power and authority to execute and deliver this Lease and to carry on the business contemplated by this Lease.
(b) Tenant has the complete and unrestricted authority and power to enter into this Lease and perform its obligations hereunder. The Lease, when executed and delivered by Tenant, constitutes the valid and legally binding obligation. of Tenant, enforceable against Tenant in accordance with its terms; subject to (i) applicable bankruptcy, insolvency, reorganization, moratorium and other laws affecting the rights of creditors generally and (ii) the exercise of judicial discretion in accordance with general principles of equity.
(c) Neither the execution or delivery, nor performance of this Lease or the other agreements contemplated herein in accordance with their respective terms, does nor will, after the giving of notice, the lapse of time or otherwise, conflict with, result in a breach of, or constitute a default under, the charter or bylaws of Tenant or to the knowledge of Tenant constitute a default under any contract or other agreement to which Tenant is a party (except those for which consent has been or will be obtained by the Commencement Date) or by which Tenant is bound, or of any federal or state law, statute, ordinance, rule or regulation, or of any court or administrative order or process.
(d) Tenant is not a party to, subject to or bound by, any agreement, judgment, order, writ, injunction or decree of any court or governmental body which could prevent the consummation of the transactions contemplated herein.
Tenant’s Warranties. The Tenant warrants to the Landlord that:
Tenant’s Warranties. Tenant represents and warrants that it has the full right and authority to enter into this Lease, and that the execution of this Lease by the officer executing it as Tenant’s agent has been duly authorized to bind Tenant. Tenant further warrants that it is an organized entity in good standing with the State in which it is organized and properly domesticated within the State of Oklahoma. Prior to execution of this Lease, Tenant shall furnish Landlord with appropriate documents satisfactory to Landlord documenting the authority of the officer of Tenant who will sign this Lease, a valid certificate of incorporation or organization and a certificate of good standing from the Oklahoma Secretary of State.
Tenant’s Warranties. Tenant hereby represents and warrants to Landlord that:
(a) Tenant understands and acknowledges that La-Tex Partnership has a right to first negotiate to purchase the Leased Property as more fully set forth in section 39 of the Shark Club Lease and that Tenant has been provided copies of (i) Landlord's notice to Tenant dated December 8, 1995, (ii) Tenant's request for extension dated December 19, 1995, (iii) Landlord's denial of Tenant's requested extension dated December 20, 1995, (iv) Tenant's offer to purchase the Leased Property dated December 29, 1995, and (iv) Tenant's response to Tenant's offer dated January 4, 1996.
(b) Tenant understands and acknowledges that as of the expiration of the Lease Term, the balance of principal and interest due with respect to the Shark Club Note will approximate Four Hundred Forty-Seven Thousand Seven Hundred Eleven Dollars and Seventy-Four Cents ($447,771.74) the obligation for the payment of which is assumed by Tenant by virtue of Section 5.02 of this Lease.
(c) Tenant has full power and authority to enter into this Lease. All actions by Tenant necessary to authorize the execution, delivery and performance of this Lease have been duly undertaken. In addition to these representations and warranties of Tenant, the person executing this Lease on behalf of Tenant represents and warrants to Landlord that such person has full power and authority to execute this Lease on behalf of Tenant.
(d) This Lease constitutes the legal, valid and binding obligation of Tenant enforceable in accordance with its terms.
(e) There exists no litigation, instrument or agreement which would prevent Tenant from entering into or performing this ILease.
Tenant’s Warranties. Tenant represents and warrants that:
(a) Tenant has the authority and power to enter into this Lease and to perform its obligations herein;
(b) The execution and delivery by Tenant of this Lease has been duly authorized and the person executing this Lease on behalf of Tenant has been duly authorized to do so; and
(c) Tenant will construct and operate the Premises in accordance with this Lease.
