Common use of Title and Condition Clause in Contracts

Title and Condition. (1) Landlord has and hereby leases to Tenant good and indefeasible title to the Premises free and clear of any and all liens (including without limitation all leases, licenses, restrictions, restrictive covenants and rights-of-way) other than permitted encumbrances described on Exhibit E attached hereto and made a part hereof (the "Permitted Encumbrances"). (2) Except as described in Exhibits H and I attached hereto, there are no parties in possession of any portion of the Premises as lessees, licensees, tenants at sufferance or trespassers, other than Landlord. Landlord has duly given all required notice to month-to-month tenants of the termination of any month-to- month tenancy described in such Exhibits H and I and shall immediately give to Tenant true and complete copies of all such notices. Landlord represents and covenants that such tenancy and all rights of the tenants to possession of the property will have been terminated on or prior to the Commencement Date. (3) There is no pending or threatened condemnation or similar proceeding or assessment affecting the Premises, or any part thereof, nor to the best knowledge and belief of Landlord is any such proceeding or assessment contemplated by any governmental body. (4) Landlord has complied in all material respects with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Premises, or any part thereof, and as of the date hereof represents that the Premises comply with all applicable building codes and operation and use restrictions. (5) There are gas and electricity lines to the Premises which are available for "tap in" by Tenant and which are sufficient for service on the Premises with respect to the business contemplated to be conducted by Tenant in the existing facilities on the Premises (as may be upgraded by Tenant). As to water for use on the Premises, Landlord receives an annual allocation from San Xxxx Water Improvement District in March of each year. The water allocation for the Premises through March, 2001 is 2.1 acre feet of water per acre of land. Landlord hereby transfers and assigns to Tenant 100% of the prorata share of the San Xxxx Water District's annual water allocation for the Premises, based upon 14.68 acres of land within the Premises. In addition, Landlord hereby covenants and agrees to assist Tenant in processing a water transfer form for filing with San Xxxx Water Improvement District to reflect Petro as the user of record for the water for the Premises. Landlord covenants and agrees to timely provide to Tenant copies of any and all notices received from San Xxxx Water Improvement District or with regards to allocation of any water pursuant thereto. The water and sewer lines to the Premises are available for "tap-on" by Tenant and sufficient for service on the Premises with respect to the business contemplated by Tenant and the development of all other properties to be serviced thereby. Landlord and Tenant hereby acknowledge and agree that in the event the development by Landlord, or its successors or assigns, of property adjacent to the Premises creates additional demand on the sewer system beyond its capacity, that Landlord, its successors and assigns, shall bear the sole cost and expense of any upgrade, modification or expansion of the sewer facility. (6) The Premises has full and free access to and from public highways, streets or roads and, to the best knowledge and belief of Landlord, there is no pending or threatened proceeding by any governmental body which would impair or result in the termination of such access.

Title and Condition. (1a) Landlord has The Leased Premises are demised and hereby leases to Tenant good and indefeasible title let subject to the Premises free Permitted Encumbrances and clear all Legal Requirements and Insurance Requirements, including any existing violation of any thereof, without representation or warranty by Landlord; it being understood and all liens (including without limitation all leasesagreed, licenseshowever, restrictions, restrictive covenants and rights-of-way) other than permitted encumbrances described on Exhibit E attached hereto and made that the recital of the Permitted Encumbrances herein shall not be construed as a part hereof (the "Permitted Encumbrances")revival of any thereof which for any reason may have expired. (2b) Except Without limiting the effect of Landlord's covenant set forth in Section 8(c), the Landlord makes no, and expressly hereby denies any, representations or warranties regarding the condition or suitability of, or title to, the Leased Premises. Tenant agrees that it takes the Leased Premises "as described in Exhibits H and I attached hereto, there are no parties in possession of is," without any portion of the Premises as lessees, licensees, tenants at sufferance such representation or trespassers, other than Landlord. Landlord has duly given all required notice to month-to-month tenants of the termination of any month-to- month tenancy described in such Exhibits H and I and shall immediately give to Tenant true and complete copies of all such notices. Landlord represents and covenants that such tenancy and all rights of the tenants to possession of the property will have been terminated on or prior to the Commencement Datewarranty. (3c) There is no pending Landlord hereby conditionally assigns, without recourse or threatened condemnation warranty whatsoever, to Tenant, all warranties, guaranties and indemnities, express or implied, and similar proceeding rights which Landlord may have against any manufacturer, seller, engineer, contractor or assessment affecting builder in respect of any of the Leased Premises, including, but not limited to, any rights and remedies existing under contract or any part thereof, nor pursuant to the best knowledge and belief Uniform Commercial Code (collectively, the "guaranties"). Such assignment shall remain in effect so long as no Event of Default exists hereunder or until the expiration or sooner termination of this Lease. Landlord is shall also retain the right to enforce any such proceeding or assessment contemplated by any governmental body. (4) Landlord has complied in all material respects with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Premises, or any part thereof, and as of the date hereof represents that the Premises comply with all applicable building codes and operation and use restrictions. (5) There are gas and electricity lines to the Premises which are available for "tap in" by Tenant and which are sufficient for service on the Premises with respect to the business contemplated to be conducted by Tenant guaranties so assigned in the existing facilities on name of Tenant upon the Premises (as may be upgraded by Tenant). As to water for use on the Premises, Landlord receives occurrence of an annual allocation from San Xxxx Water Improvement District in March Event of each year. The water allocation for the Premises through March, 2001 is 2.1 acre feet of water per acre of landDefault. Landlord hereby transfers and assigns to Tenant 100% of the prorata share of the San Xxxx Water District's annual water allocation for the Premises, based upon 14.68 acres of land within the Premises. In addition, Landlord hereby covenants and agrees to assist Tenant in processing a water transfer form for filing with San Xxxx Water Improvement District to reflect Petro as the user of record for the water for the Premises. Landlord covenants execute and agrees to timely provide to Tenant copies of any and all notices received from San Xxxx Water Improvement District or with regards to allocation of any water pursuant thereto. The water and sewer lines to the Premises are available for "tap-on" by Tenant and sufficient for service on the Premises with respect to the business contemplated by Tenant and the development of all other properties to be serviced thereby. Landlord and Tenant hereby acknowledge and agree that in the event the development by Landlord, or its successors or assigns, of property adjacent to the Premises creates additional demand on the sewer system beyond its capacity, that Landlord, its successors and assigns, shall bear the deliver at Tenant's sole cost and expense such further documents, including powers of any upgradeattorney, modification or expansion of as Tenant may reasonably request (and which in the sewer facility. (6) The Premises has full and free access to and from public highways, streets or roads and, to the best knowledge and belief good faith judgment of Landlord, there is no pending do not adversely affect a substantial interest of Landlord), in order that Tenant may have the full benefit of the assignment effected or threatened proceeding intended to be effected by any governmental body which would impair this Section 6. Upon the occurrence, and during the continuancy of an Event of Default or result in the expiration or termination of this Lease, the guaranties shall automatically revert to Landlord. The foregoing provision of reversion shall be self-operative and no further instrument of reassignment shall be required. Upon the curing of such accessEvent of Default, the assignment and guaranties shall be automatically reassigned and reinstated and revert to Tenant. The foregoing provision of reassignment, reinstatement and reversion shall be self-operative and no further instrument of reassignment shall be required. In confirmation of such reassignment each of Tenant and Landlord shall execute and deliver promptly any certificate or other instrument which Landlord or Tenant may request at Tenant's sole cost and expense. Any monies collected by Tenant under any of the guaranties after the occurrence of and during the continuation of an Event of Default shall be held in trust by Tenant and promptly paid over to Landlord.

Title and Condition. (1a) Landlord has The Leased Premises are demised and hereby leases to Tenant good and indefeasible title let subject to the Premises free Permitted Encumbrances and clear all Legal Requirements and Insurance Requirements, including any existing violation of any thereof, without representation or warranty by Landlord; it being understood and all liens (including without limitation all leasesagreed, licenseshowever, restrictions, restrictive covenants and rights-of-way) other than permitted encumbrances described on Exhibit E attached hereto and made that the recital of the Permitted Encumbrances herein shall not be construed as a part hereof (the "Permitted Encumbrances")revival of any thereof which for any reason may have expired. (2b) Except Without limiting the effect of Landlord’s covenant set forth in Paragraph 8(c), the Landlord makes no, and expressly hereby denies any, representations or warranties regarding the condition or suitability of, or title to, the Leased Premises. Tenant agrees that it takes the Leased Premises “as described is,” without any such representation or warranty. (c) Landlord hereby conditionally assigns, without recourse or warranty whatsoever, to Tenant, all warranties, guaranties and indemnities, if any, express or implied, and similar rights which Landlord may have against any manufacturer, seller, engineer, contractor or builder in Exhibits H and I attached hereto, there are no parties in possession respect of any portion of the Premises Leased Premises, including, but not limited to, any rights and remedies existing under contract or pursuant to the Uniform Commercial Code (collectively, the guaranties”). Such assignment shall remain in effect so long as lessees, licensees, tenants at sufferance no Event of Default exists hereunder or trespassers, other than Landlord. Landlord has duly given all required notice to month-to-month tenants of until the termination of any month-to- month tenancy described in such Exhibits H and I and shall immediately give to Tenant true and complete copies of all such noticesthis Lease. Landlord represents and covenants that such tenancy and all rights of shall also retain the tenants right to possession of the property will have been terminated on or prior to the Commencement Date. (3) There is no pending or threatened condemnation or similar proceeding or assessment affecting the Premises, or enforce any part thereof, nor to the best knowledge and belief of Landlord is any such proceeding or assessment contemplated by any governmental body. (4) Landlord has complied in all material respects with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Premises, or any part thereof, and as of the date hereof represents that the Premises comply with all applicable building codes and operation and use restrictions. (5) There are gas and electricity lines to the Premises which are available for "tap in" by Tenant and which are sufficient for service on the Premises with respect to the business contemplated to be conducted by Tenant guaranties so assigned in the existing facilities on name of Tenant upon the Premises (as may be upgraded by Tenant). As to water for use on the Premises, Landlord receives occurrence of an annual allocation from San Xxxx Water Improvement District in March Event of each year. The water allocation for the Premises through March, 2001 is 2.1 acre feet of water per acre of landDefault. Landlord hereby transfers and assigns to Tenant 100% of the prorata share of the San Xxxx Water District's annual water allocation for the Premises, based upon 14.68 acres of land within the Premises. In addition, Landlord hereby covenants and agrees to assist Tenant in processing a water transfer form for filing with San Xxxx Water Improvement District to reflect Petro as the user of record for the water for the Premises. Landlord covenants execute and agrees to timely provide to Tenant copies of any and all notices received from San Xxxx Water Improvement District or with regards to allocation of any water pursuant thereto. The water and sewer lines to the Premises are available for "tap-on" by Tenant and sufficient for service on the Premises with respect to the business contemplated by Tenant and the development of all other properties to be serviced thereby. Landlord and Tenant hereby acknowledge and agree that in the event the development by Landlord, or its successors or assigns, of property adjacent to the Premises creates additional demand on the sewer system beyond its capacity, that Landlord, its successors and assigns, shall bear the deliver at Tenant’s sole cost and expense such further documents, including powers of any upgradeattorney, modification or expansion of as Tenant may reasonably request (and which in the sewer facility. (6) The Premises has full and free access to and from public highways, streets or roads and, to the best knowledge and belief good faith judgment of Landlord, there is no pending do not adversely affect a substantial general interest of Landlord), in order that Tenant may have the full benefit of the assignment effected or threatened proceeding intended to be effected by any governmental body which would impair this Paragraph 6. Upon the expiration or result in the termination of this Lease, the guaranties shall automatically revert to Landlord. The foregoing provision of reversion shall be self-operative and no further instrument of reassignment shall be required. In confirmation of such accessreassignment Tenant shall execute and deliver promptly any certificate or other instrument which Landlord may request at Tenant’s sole cost and expense. Any monies collected by Tenant under any of the guaranties after the occurrence of and during the continuation of an Event of Default shall be held in trust by Tenant and promptly paid over to Landlord.

Title and Condition. (1a) The Leased Premises are demised and let subject to (i) the Mortgage and Assignment presently in effect, (ii) the rights of any Persons in possession of the Leased Premises, (iii) the existing state of title of any of the Leased Premises, including any Permitted Encumbrances, (iv) any state of facts which an accurate survey or physical inspection of the Leased Premises might show, (v) all Legal Requirements, including any existing violation of any thereof, and (vi) the condition of the Leased Premises as of the commencement of the Term, without representation or warranty by Landlord. (b) Tenant acknowledges that the Leased Premises are in acceptable condition and repair at the inception of this Lease. LANDLORD LEASES AND WILL LEASE AND TENANT TAKES AND WILL TAKE THE LEASED PREMISES AS IS. TENANT ACKNOWLEDGES THAT LANDLORD (c) Tenant represents to Landlord that Tenant has and hereby leases to Tenant good and indefeasible examined the title to the Leased Premises free and clear of any and all liens (including without limitation all leases, licenses, restrictions, restrictive covenants and rights-of-way) other than permitted encumbrances described on Exhibit E attached hereto and made a part hereof (the "Permitted Encumbrances"). (2) Except as described in Exhibits H and I attached hereto, there are no parties in possession of any portion of the Premises as lessees, licensees, tenants at sufferance or trespassers, other than Landlord. Landlord has duly given all required notice to month-to-month tenants of the termination of any month-to- month tenancy described in such Exhibits H and I and shall immediately give to Tenant true and complete copies of all such notices. Landlord represents and covenants that such tenancy and all rights of the tenants to possession of the property will have been terminated on or prior to the Commencement Date. execution and delivery of this Lease and has found the same to be satisfactory for the purposes contemplated hereby. Tenant acknowledges that (3i) There is no pending Tenant has conveyed fee simple title (both legal and equitable) in the Leased Premises to Landlord and that Tenant has only the leasehold right of possession and use of the Leased Premises as provided herein, (ii) to Tenant's knowledge the improvements conform to all material Legal Requirements and all Insurance Requirements, (iii) to Tenant's knowledge all easements necessary or threatened condemnation appropriate for the use or similar proceeding operation of the Leased Premises have been obtained, (iv) all contractors engaged by Tenant and to Tenant's knowledge, all subcontractors who have performed work on or assessment affecting the Premises, or any part thereof, nor supplied materials to the best Leased Premises have been fully paid or Tenant is holding retainage sufficient to pay such contractors in full, and all materials and supplies have been fully paid for or Tenant is holding retainage sufficient to pay for such materials and supplies in full, (v) to Tenant's knowledge and belief of Landlord is any such proceeding or assessment contemplated by any governmental body. (4) Landlord has complied the Improvements have been fully completed in all material respects with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Premises, or any part thereofin a workmanlike manner of first class quality, and as (vi) to Tenant's knowledge all Equipment necessary or appropriate for the use or operation of the date hereof represents that the Leased Premises comply with has been installed and is presently fully operative in all applicable building codes and operation and use restrictionsmaterial respects. (5d) There are gas and electricity lines to the Premises which are available for "tap in" by Tenant and which are sufficient for service on the Premises with respect to the business contemplated to be conducted by Tenant in the existing facilities on the Premises (as may be upgraded by Tenant). As to water for use on the Premises, Landlord receives an annual allocation from San Xxxx Water Improvement District in March of each year. The water allocation for the Premises through March, 2001 is 2.1 acre feet of water per acre of land. Landlord hereby transfers and assigns to Tenant 100% Tenant, without recourse or warranty whatsoever, all warranties, guaranties, indemnities and similar rights which Landlord may have against any manufacturer, seller, engineer, contractor or builder in respect of any of the prorata share of the San Xxxx Water District's annual water allocation for the Premises, based upon 14.68 acres of land within the Leased Premises. In additionSuch assignment shall remain in effect until an Event of Default occurs or until the expiration or earlier termination of this Lease, Landlord hereby covenants and agrees to assist Tenant in processing a water transfer form for filing with San Xxxx Water Improvement District to reflect Petro as the user of record for the water for the Premises. Landlord covenants and agrees to timely provide to Tenant copies of any whereupon such assignment shall cease and all notices received from San Xxxx Water Improvement District or with regards of said warranties, guaranties, indemnities and other rights shall automatically revert to allocation of any water pursuant thereto. The water and sewer lines to the Premises are available for "tap-on" by Tenant and sufficient for service on the Premises with respect to the business contemplated by Tenant and the development of all other properties to be serviced thereby. Landlord and Tenant hereby acknowledge and agree that in the event the development by Landlord, or its successors or assigns, of property adjacent to the Premises creates additional demand on the sewer system beyond its capacity, that Landlord, its successors and assigns, shall bear the sole cost and expense of any upgrade, modification or expansion of the sewer facility. (6) The Premises has full and free access to and from public highways, streets or roads and, to the best knowledge and belief of Landlord, there is no pending or threatened proceeding by any governmental body which would impair or result in the termination of such access.