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. Licensor represents and agrees (a) that it is in possession of the Property as lessee under a ground lease (the “Ground Lease”); a redacted version of which is attached hereto as Exhibit F (b) that it has the right to enter into this Agreement; (c) that the person signing this Agreement has the authority to sign; and (d) that Licensee is entitled to the quiet possession of the Site throughout the Initial Term and each Renewal Term so long as Licensee is not in default beyond the expiration of any cure period. Notwithstanding anything to the contrary contained in this Agreement, Licensor may terminate this Agreement without further obligation, upon the termination of Licensor’s right to possession of the Site under the Ground Lease. Licensee covenants and agrees to take no action, nor through inaction, permit any violation of the provisions of the Ground Lease. At Licensor’s option, this Agreement shall be subordinate to any mortgage or financing by Licensor which from time to time may encumber all or part of the Site, Licensor’s equipment and property on the Site, or the access or utility easement, provided, however, Licensor shall request every holder of such mortgage or deed of trust to recognize the validity of this Agreement in the event of a foreclosure of Licensor’s interest and also allow Licensee to remain in occupancy of and have access to the Site as long as the Licensee is not in default of this Agreement beyond any applicable grace or cure period. Licensee shall execute whatever instruments as may reasonably be required to evidence this subordination clause. In the event the Site is encumbered by a mortgage or deed of trust, the Licensor will request the holder of any such mortgage or deed of trust to execute a reasonable non-disturbance agreement in a form provided by Licensee, and Licensor will cooperate with Licensee at Licensee’s sole expense toward such an end to the extent that such cooperation does not cause Licensor additional financial liability. Licensee 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 regarding the Site.
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. Landlord warrants and covenants to Tenant that it is vested with fee simple title to the Leased Premises, subject to all record easements, rights of way, restrictions, covenants and conditions of title and such matters as would be revealed by a current accurate survey, title examination and inspection of the Leased Premises as of the date of this Lease. So long as Tenant shall pay all rents and observe and perform all covenants and provisions hereof, Tenant shall peacefully and quietly have and enjoy possession of the Leased Premises without any encumbrance or hindrance by, from or through Landlord, except that Landlord shall have the right to enter upon the Leased Premises at any time for inspection purposes so long as such entry shall in no way disrupt or interfere with the operation of the Equipment. Landlord shall give Tenant reasonable prior notice of any proposed inspection that will include the interior of the Huts in order that a representative of Tenant may accompany Landlord, except in case of an emergency, in which case no prior notice to Tenant shall be required.
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 agrees (a) that it is the Owner of the Site or that Lessor has certain rights under a Ground Lease, which said Ground Lease will be provided to Lessee for review (financial information blacked out) prior to execution of this Agreement between Lessor and Lessee; (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; and (e) that Lessor shall not have unsupervised access to the Site or to the PCS equipment. Not withstanding anything to the contrary in this Agreement, in the event that any particular Communication Tower subject to a Lease hereunder is located on property or Lessor’s use of such property is subject to the terms and provisions of an easement, ground lease, license, or right of way (hereinafter collectively referred to as a “Ground Lease”) that expires or terminates prior to the Lease term of the relevant Lease, then such affected Lease shall automatically terminate upon termination of Lessor’s right to possession of the Communication Tower and/or property under said Ground Lease; provided that such Ground Lease has not been extended by Lessor. Lessor agrees that it will not take any action with respect to the then current Ground Lease to cause such Ground Lease to be prematurely terminated during the Lease Term. Lessor hereby warrants and agrees that it shall exercise any renewal option available to it pursuant to the Ground Lease through the end of the applicable lease 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 Demised Premises at all times for purposed of maintaining, operating, and improving the Facility and to the quiet possession of the Demised Premises throughout the term of the Lease Agreement, so long as Lessee is not in default hereunder.
