Validity of the Lease Sample Clauses

Validity of the Lease. Landlord and Tenant acknowledge that the Existing Lease, as amended hereby, is a valid and enforceable agreement and that Tenant holds no claims against Landlord and its agents which might serve as a basis of any setoff accruing against the rent or other charges or any remedy at law or in equity.
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Validity of the Lease. This Lease shall be executed in six counterparts, 4 of which shall be held by the Lessor and 2 of which shall be held by the Lessee. The lease shall be effective upon being executed and affixed with seal by the representatives of both parties. Lessor: BOE Estate Management Division Representative: /s/ Xxxx Xxx Date: August 12, 2009 Lessee: Beijing 21Vianet Broad Band Data Center Co., Ltd. Legal Representative: /s/ authorized representative Date: August 11, 2009 Exhibit Party A (the Lessor): BOE Estate Management Division Party B (the Lessee): Beijing 21Vianet Broad Band Data Center Co., Ltd.
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Validity of the Lease. This lease is valid only upon the execution by Landlord and Tenant of Exhibit G, that certain FOURTH AMENDMENT to that certain Lease dated August 15, 1994 along with its Addendum, Second Addendum, First Amendment, Second Amendment, and Third Amendment.
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Validity of the Lease. A challenge to the existence or the validity of the lease does not necessarily import a challenge to the court’s jurisdiction. For example, the complaint may allege the existence of a written lease where the parties had only a month-to-month tenancy. The application of § 83.60(2) would appear to require the deposit of the accrued rent to raise this defense. Lease provision that, “renewal at the then prevailing market rate for comparable commercial office properties,” has been held too vague or indefinite to be enforceable. Xxxxxxxxx v. 1830 N. Bayshore, LLC, 253 So. 3d 699, 703 (Fla. 3d DCA 2018) While a lease may be rescinded for fraud relating to an existing fact, as a general rule, rescission will not be granted for failure to perform a covenant or promise to do an act in the future, unless the covenant breached is a dependent one. AVVA-BC, LLC x. Xxxxx, 25 So. 3d 7 (Fla. 3d DCA 2009). Xxxxxx v. Florida State Fair Authority, 974 So. 2d 470 (Fla. DCA 2008) distinguished between a license and a lease, holding that a license does not confer an interest in the land but merely gives the licensee the authority to do a particular act on another's land. 1. Rule Against Perpetuities. Leases in perpetuity are universally disfavored, thus the courts are loath to construe a right to renewal as perpetual, and will not do so unless the language of the agreement clearly and unambiguously compels them to do so. Chessmasters, Inc. x. Xxxxxxx, 948 So. 2d 985 (Fla. 4th DCA 2007). 2. Statute of Frauds § 689.01, Fla. Stat. Lease must comply with § 689.01 which requires any lease for a term of more than one year to be in writing, signed in the presence of two subscribing witnesses except for conveyances by corporations. Skylake Ins. Agency, Inc. v. NMB Plaza, LLC, 00 Xx. 3d 175 (Fla. 3d DCA 2009). Estoppel may be used to preclude a party from advancing the Statute of Frauds defense where that party to the lease has accepted benefits under the lease, either rent or possession, and otherwise performs as though lease is valid. Where a party has performed as though the lease was valid, in equity they ought not to be permitted to disavow it. S & I Investments v. Payless Flea Market, Inc., 36 So.3d 909 (Fla. 4th DCA 2010).
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Validity of the Lease. This Lease shall be executed in six counterparts, with the Lessor holding 4 copies and the Lessee holding 2 copies. The lease shall be effective upon execution and seal by the representatives of both parties. Lessor: BOE Estate Management Division (company seal) Legal Representative: /s/ Xxxx Xxx Date: April 30, 2010 Lessee: Beijing 21Vianet Broad Band Data Center Co., Ltd. (company seal) Legal Representative: /s/ authorized representative Date: Exhibit 1 Leased Premise Schematic Diagram Exhibit 3 Party A (the Lessor): BOE Estate Management Division Party B (the Lessee): Beijing 21Vianet Broad Band Data Center Co., Ltd. Term: from May 1st, 2010 to April 30, 2015 In order to protect the personal and property safety of all the clients and employees in the area, and to create a safe, harmonious, and green working and living environment, in accordance with the Production Safety Law of People’s Republic of China, Party A and Party B hereby enter into the following agreement after friendly negotiation. 1. Both parties shall comply with the Fire Prevention Law of People’s Republic of China, the Production Safety Regulations of Beijing, the Provisional Regulations on Check and Control of Hidden Risk Related to Production Accidents, the Fire prevention Administrative Rules for Organization, Enterprise and Institution, the Security Administrative Rules for Organization, Enterprise and Institution of Beijing Chaoyang District, and other relevant rules and regulations of the state and rules and regulations of Party A regarding security management of the science and technology area. 2. Party A has given a detailed introduction about the area to Party B before entering in to a Lease, especially rules and requirements regarding safety management in the Area; Party B has promised to comply with all these rules and requirements. 3. Party A shall improve information communication with Party B in respect of safety, and assist with Party B’s familiarity with updated laws and regulations of the state. 4. On the condition that Party B provides access and egress, Party A shall be in charge of an annual inspection and test of all the tubes and valves of the fire hydrants in interior walls, and the maintenance, repair and renewal of the above mentioned facilities; the inspection results shall be submitted to Party B in the form of report. 5. The safety management department of Party A has the rights to inspect and examine fire prevention, security and check and control of hidden r...
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Related to Validity of the Lease

  • Validity of Tenders Tenders shall remain valid for 120 days or as specified in the Invitation to Tender after the date of tender opening prescribed by the Procuring entity, pursuant to paragraph 2.18. A tender valid for a shorter period shall be rejected by the Procuring entity as non responsive.

  • Validity of the Agreement This Agreement constitutes the legal, valid and binding agreement of Buyer enforceable against Buyer in accordance with its terms.

  • Validity of Agreement The Company shall be precluded from asserting in any Proceeding, including, without limitation, an action under Section 12 (a) above, that the provisions of this Agreement are not valid, binding and enforceable or that there is insufficient consideration for this Agreement and shall stipulate in court that the Company is bound by all the provisions of this Agreement.

  • VALIDITY OF OBLIGATIONS The execution and delivery of this Agreement by the Company and the performance of the transactions contemplated herein have been duly and validly authorized by the Board of Directors of the Company and this Agreement has been duly and validly authorized by all necessary corporate action and is a legal, valid and binding obligation of the Company.

  • Validity of Agreements Each of this Agreement and the Indenture has been duly executed and delivered on behalf of the Republic and constitutes a valid and binding obligation of the Republic, enforceable against the Republic in accordance with its terms.

  • Validity of Liens The Security Documents shall be effective to create in favor of the Agent a legal, valid and enforceable first (except for Permitted Liens entitled to priority under applicable law) security interest in and lien upon the Collateral. All filings, recordings, deliveries of instruments and other actions necessary or desirable in the opinion of the Agent to protect and preserve such security interests shall have been duly effected. The Agent shall have received evidence thereof in form and substance satisfactory to the Agent.

  • Validity of Mortgage Documents The Mortgage Note and the Mortgage and any other agreement executed and delivered by a Mortgagor in connection with a Mortgage Loan are genuine, and each is the legal, valid and binding obligation of the maker thereof enforceable in accordance with its terms (including, without limitation, any provisions therein relating to Prepayment Penalties). All parties to the Mortgage Note, the Mortgage and any other such related agreement had legal capacity to enter into the Mortgage Loan and to execute and deliver the Mortgage Note, the Mortgage and any such agreement, and the Mortgage Note, the Mortgage and any other such related agreement have been duly and properly executed by other such related parties. No fraud, error, omission, misrepresentation, negligence or similar occurrence with respect to a Mortgage Loan has taken place on the part of the Seller in connection with the origination of the Mortgage Loan or in the application of any insurance in relation to such Mortgage Loan. The documents, instruments and agreements submitted for loan underwriting were not falsified and contain no untrue statement of material fact or omit to state a material fact required to be stated therein or necessary to make the information and statements therein not misleading. No fraud, error, omission, misrepresentation, negligence or similar occurrence with respect to a Mortgage Loan has taken place on the part of any Person, including without limitation, the Mortgagor, any appraiser, any builder or developer, or any other party involved in the origination of the Mortgage Loan or in the application for any insurance in relation to such Mortgage Loan. The Seller has reviewed all of the documents constituting the Servicing File and has made such inquiries as it deems necessary to make and confirm the accuracy of the representations set forth herein;

  • Validity of this Agreement It shall not (i) permit the validity or effectiveness of this Agreement or any grant of Collateral hereunder to be impaired, or permit the Lien of this Agreement to be amended, hypothecated, subordinated, terminated or discharged, or permit any Person to be released from any covenant or obligation with respect to this Agreement and (ii) except as permitted by this Agreement, take any action that would permit the Lien of this Agreement not to constitute a valid first-priority perfected security interest (subject to Permitted Liens) in the Collateral.

  • Validity of Contracts The fact that: (a) any of the Shareholders, Trustees, or officers of the Trust is a shareholder, director, officer, partner, trustee, employee, Investment Adviser, manager, Principal Underwriter, distributor, or affiliate or agent of or for any Person with which an advisory, management or administration contract, or Principal Underwriter’s or distributor’s contract, or transfer, shareholder servicing or other type of service contract may be made, or (b) any Person with which an advisory, management or administration contract or Principal Underwriter’s or distributor’s contract, or transfer, shareholder servicing or other type of service contract may be made also has an advisory, management or administration contract, or Principal Underwriter’s or distributor’s contract, or transfer, shareholder servicing or other service contract, or has other business or interests with any other Person, shall not affect the validity of any such contract or disqualify any Shareholder, Trustee or officer of the Trust from voting upon or executing the same, or create any liability or accountability to the Trust or its Shareholders, provided approval of each such contract is made pursuant to the applicable requirements of the 1940 Act.

  • Validity Period This FSA is valid for a time-defined period. Should the Service Operator be in breach of any terms of condition of the Agreement and fail to remedy the same in such manner and within such time as shall be specified in a written notice from SWD that the same be remedied, SWD may after expiry of such notice, terminate this Agreement by giving 30 days’ notice in writing to the Service Operator.