Title and Quiet Possession. Landlord represents and covenants that Landlord owns the Leased Premises and the Landlord Property in fee simple, free and clear of all liens, encumbrances, and restrictions of every kind and nature, except for those that currently appear in the recorded chain of title and are reported as exceptions on the commitment for title insurance that Tenant may obtain. Tenant shall have the quiet use and enjoyment of the Leased Premises and the easements described herein in accordance with and subject to the terms of this Agreement, without any manner of hindrance, interference, or molestation of any kind by Landlord or any person claiming through Landlord.
Title and Quiet Possession. Owner represents and agrees (a) that it is in possession of the Site as either fee owner or lessee under a valid ground lease, ("Ground Lease"); (b) that if applicable, upon request from Tenant, Owner will provide to Tenant a copy of the Ground Lease with financial and other confidential terms redacted attached hereto as Exhibit "E"; (c) that it has the right to enter into this Agreement; (d) that the person signing this Agreement has the authority to sign on behalf of Owner; (e) that the execution and delivery of this Agreement by Owner does not conflict with any applicable law or agreement to which Owner is a party that affects Owner's ability to perform its obligations hereunder or Tenant's rights hereunder; and (f) that Tenant is entitled to the quiet possession of the Site subject to zoning and other requirements imposed by governmental authorities, any easements, restrictions, or encumbrances of record throughout the Initial Term and each Renewal Term so long as Tenant is not in default beyond the expiration of any cure period. Notwithstanding anything to the contrary contained in this Agreement, if the Site is subject to a Ground Lease, either party may terminate this Agreement without further liability upon the termination or expiration of Owner's right to possession of the Site under the Ground Lease. Owner will not do, attempt, permit or suffer anything to be done which could be construed to be a violation of the Ground Lease. This Agreement is subordinate to any mortgage or deed of trust now of record against the Site. Promptly after this Agreement is fully executed, Owner will request the holder of any such mortgage or deed of trust to execute a non-disturbance agreement in a form provided by Tenant, and Owner will cooperate with Tenant at Tenant's sole expense toward such an end to the extent that such cooperation does not cause Owner additional unreimbursed financial liability. Tenant will not, directly or indirectly, on behalf of itself or any third party, communicate, negotiate, and/or contract with the lessor of the Ground Lease, unless Owner's rights under the Ground Lease have been terminated.
Title and Quiet Possession. Owner represents and agrees (a) that it is in possession of the Site as fee owner; (b) that it has the right to enter into this Agreement; (c) that the person signing this Agreement has the authority to sign; and (e) that Licensee is entitled to the quiet possession of the Site subject to zoning and other requirements imposed by governmental authorities, any easements, restrictions, or encumbrances of record throughout the Term. This Agreement shall be subordinate to any mortgage or deed of trust now of record against the Site; but, solely with respect to any mortgage or deed of trust granted by Owner, only if the holder of any mortgage or deed of trust agrees not to disturb Licensee’s peaceable enjoyment of the Site upon any foreclosure or other proceeding by such party pursuant to a customary subordination, nondisturbance and attornment agreement in form and substance reasonably acceptable to Licensee.
Title and Quiet Possession. Lessor represents and agrees (a) that it is the Lessor of the Site; (b) that it has the right to enter into this Agreement; (c) that the person signing this Agreement has the authority to sign; (d) that Lessee is entitled to access to the Site at all times and to the quiet possession of the Site throughout the Initial Term and each Renewal Term so long as Lessee is not in default beyond the expiration of any cure period; (e) that Lessor shall not have unsupervised access to the Site or to the equipment; and (f) that Lessor will upon sale or transfer of the underlying property, provide an assignment letter to Lessee that instructs Lessee to make future rent payments to the transferee. Xxxxxx further agrees to defend, indemnify and assume all liability for failure to provide Lessee with proper transfer information or required documentation pertaining to subsequent Lessor.
Title and Quiet Possession. Lessor covenants that Lessor is the legal owner of premises and that Lessor has the right to make this lease and that NTESS shall enjoy quiet and peaceful possession of the premises during the term of this lease. Lessor expressly warrants that there are no other agreements in force that conflict with this lease. Xxxxxx and any successors in interest shall agree not to enter into any arrangement that could interfere with NTESS’ quiet and peaceful possession of the NTESS-controlled premises during the term of this lease. Lessor expressly warrants that the premises delivered under this lease are in accordance with the description set forth in Section I and compliant with all requirements of this lease.
Title and Quiet Possession. Subject to the approval of the City , CITY represents and warrants (a) that it has the right to enter into this Agreement; (b) that the person executing this Agreement on behalf of CITY has the authority to execute and deliver it; (c) that ADVERTISING PROVIDER is entitled to access to the Designated Areas as provided herein; (d) that ADVERTISING PROVIDER shall have quiet possession of the Designated Areas throughout the Initial Term and each Renewal Term; and (e) that this Agreement shall not violate any existing laws, regulations, or written agreements applicable to or affecting the Property.
Title and Quiet Possession. The Tower Owner represents and agrees (a) that it is the owner of the sites, (b) that it has the right to enter into this agreement, (c) that the person signing this agreement has the authority to sign, (d) that Broadband Company is entitled to access the sites on either an escorted basis, or independent basis, as determined by the Tower Owner. Access includes inside any security fence or area, 24x7x365 throughout the terms of the agreement so long as Broadband Company is not in default of this agreement.
Title and Quiet Possession. Lessor represents and covenants that Lessor owns the Leased Space and the Premises (including the property that is subject to the Easements) in fee simple terms, free and clear of all liens, encumbrances and restrictions of every kind and nature, except for those as set forth below: Name of Lien holder Type of Xxxx Xxxxxx represents and warrants that there are no matters affecting title that would prohibit, restrict or impair the leasing of the Leased Space, use or occupancy thereof, or the granting of the Easements in accordance with the terms and conditions of this Lease. Lessor represents and warrants to Lessee that Lessor has the full right, power and authority to enter into this Lease and that Xxxxxx will have quiet and peaceful possession of the Leased Space and the Easements throughout the Term
Title and Quiet Possession. Lessor represents and agrees that: it is the owner of the Property; it has the right to enter into this Lease; the person signing this Lease has the authority to sign; Lessee is entitled to access to the Property at all times for purposed of maintaining, operating, and improving the Facility and to the quiet possession of the Property throughout the term of the Lease, so long as Lessee is not in default hereunder.
Title and Quiet Possession. Landlord covenants that Landlord has marketable and indefeasible fee simple to the Demised Premises described in Exhibit “A” herein and has full right and lawful authority to enter into this Lease; that the said premises are free and clear of and from all liens, restrictions, leases, encroachments, conditions, reservations, easements and encumbrances, except as of record; and that there are no laws, ordinances, governmental rules or regulations or title restrictions or zoning or other matters which will restrict, limit or prevent Tenant’s use of the Demised Premises for the purposes set forth herein; and that so long as Tenant is not in monetary default hereunder, Tenant shall have quiet and peaceful possession and enjoyment of the Demised Premises, and of all easements, rights and appurtenances thereunto belonging, subject to the rights of the other occupants in the Building.
