Common use of Title and Quiet Possession Clause in Contracts

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 Lessor represents and agrees (a) that it is in possession the Owner of the Site as either fee owner or lessee that Lessor has certain rights under a valid ground lease, ("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 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; (dc) that the person signing this Agreement has the authority to sign on behalf of Ownersign; (ed) 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 Lessee is entitled to access to the Site at all times and 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 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. Notwithstanding Not withstanding anything to the contrary contained in this Agreement, if in the Site 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, either party may then such affected Lease shall automatically terminate this Agreement without further liability upon the termination or expiration of Owner's Lessor’s right to possession of the Site Communication Tower and/or property under the said Ground Lease; provided that such Ground Lease has not been extended by Lessor. Owner Lessor agrees that it will not do, attempt, permit or suffer anything take any action with respect to the then current Ground Lease to cause such Ground Lease to be done which could be construed prematurely terminated during the Lease Term. Lessor hereby warrants and agrees that it shall exercise any renewal option available to be a violation of the Ground Lease. This Agreement is subordinate it pursuant 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 terminatedthrough the end of the applicable lease term.

Title and Quiet Possession. Owner Lessor represents and agrees (a) that it is in possession the Owner of the Site as either fee owner or lessee that Lessor has certain rights under a valid ground lease, ("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 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; (dc) that the person signing this Agreement Agree­ment has the authority to sign on behalf of Ownersign; (ed) 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 Lessee is entitled to access to the Site at all times and 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 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. Notwithstanding Not withstanding anything to the contrary contained in this Agreement, if in the Site 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, either party may then such affected Lease shall automatically terminate this Agreement without further liability upon the termination or expiration of Owner's Lessor’s right to possession of the Site Communication Tower and/or property under the said Ground Lease; provided that such Ground Lease has not been extended by Lessor. Owner Lessor agrees that it will not do, attempt, permit or suffer anything take any action with respect to the then current Ground Lease to cause such Ground Lease to be done which could be construed prematurely terminated during the Lease Term. Lessor hereby warrants and agrees that it shall exercise any renewal option available to be a violation of the Ground Lease. This Agreement is subordinate it pursuant 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 terminatedthrough the end of the applicable lease term.

Title and Quiet Possession. Owner represents Landlord hereby represents, covenants and agrees (a) warrants to Tenant that it is has full right and authority to enter into this Lease in possession accordance with the terms hereof and that it has and will maintain throughout the Lease Term (subject to Landlord's transfer rights in accordance with this Lease) good title in fee simple to the Landlord's Property including the Premises free and clear of all liens and encumbrances except as stated in the Site as either fee owner current title commitment or lessee under policy issued from 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 national title company attached hereto as Exhibit C and made a part hereof (the "EPermitted Exceptions"; ). If so requested by Tenant from time to time during the term of this Lease, Landlord shall furnish Tenant with evidence of Landlord's title to the Premises. Such title may be evidenced by a copy of a policy of title insurance issued by a title insurance company licensed to do business in the state in which the Premises are located, which policy shall contain no exceptions to Landlord's interest in the Premises superior to this Lease other than the Permitted Exceptions and mortgages or deeds of trust if in accordance with the provisions of Article 23 of this Lease. Tenant agrees and acknowledges that (ca) that it Landlord intends to subject or has subjected the right Shopping Center, the Premises and other property to enter into this Agreement; the terms and conditions of a reciprocal easement agreement (d"REA") that with Target, Inc. governing the person signing this Agreement has use, operation, maintenance, repair, design and construction of such property and providing for, among other things, the authority to sign on behalf imposition of Owner; certain covenants, conditions, restrictions and easements, and (eb) that notwithstanding the later execution and delivery recordation of the REA, this Lease and Tenant's interest in and to the Premises is and shall be 3 subject and subordinate to the Declaration; provided, however, in the event of any conflict between the express provisions of this Agreement by Owner does not conflict with any applicable law or agreement to which Owner is Lease and the provisions of the REA that would cause a party that affects Owner's ability to perform its obligations hereunder or material reduction of Tenant's rights hereunder or a material increase in Tenant's obligations hereunder; , the provisions of this Lease shall prevail and (f) that Tenant is entitled control. Subject to the quiet possession provisions of this Article, the REA shall be a Permitted Exception. Landlord shall provide Tenant a complimentary copy or a near execution copy 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 terminatedREA for its review.

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, 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"redacted; (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 hereundersign; and (fe) 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 Leaseground lease, either party may terminate this Agreement without further liability upon the termination or expiration of Owner's ’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, if requested by Xxxxxx, Owner will request the holder of any such mortgage or deed of trust to execute a non-disturbance agreement in a form provided by TenantXxxxxx, and Owner will cooperate with Tenant at Tenant's ’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 ’s rights under the Ground Lease have been terminated.