WARRANTIES OF LESSOR. A. Equipment Design and Performance. Lessor warrants that the Equipment is in good working order and condition, free from defects in design, workmanship and material, and that it conforms to any samples and drawings and to the performance capabilities, characteristics, specifications, functions and other descriptions and standards set forth in the Purchase Order hereto. Xxxxxx agrees promptly to repair or replace, at no additional charge to Lessee, any item of Equipment, or part thereof, that is or becomes defective during the term of this Agreement and any extensions or renewals hereof and otherwise to maintain the Equipment in conformity with the terms set forth in the Purchase Order hereto. If Lessor is not the original equipment manufacturer, Lessor shall obtain in writing the manufacturer’s consent to pass through all Equipment warranties.
WARRANTIES OF LESSOR. Lessor warrants that:
(a) Trust Company is a national banking association duly organized and validly existing under the laws of the United States of America, and this Lease has been executed by an officer of Trust Company who is duly authorized to do so in accordance with the terms of the Trust Agreement.
(b) The Trust Agreement is in full force and effect and Lessor is duly and properly authorized to execute and deliver this Lease under the Trust Agreement.
(c) Lessor has received and has complied with every necessary consent, approval, order, or authorization of, or registration with, and has given any prior notice to, any federal, state or foreign governmental authority having jurisdiction to the extent required for the Lessor to execute and deliver this Lease and the Lease Supplement to be executed and delivered on the Delivery Date and to lease the Aircraft hereunder and thereunder.
(d) This Lease has been, and upon execution and delivery of the Lease Supplement to be executed and delivered on the Delivery Date such Lease Supplement will be, duly executed and delivered by Lessor and constitutes or will constitute the legal, valid, and binding obligations of Lessor, enforceable in accordance with their respective terms.
(e) There are no suits or proceedings pending or, to the knowledge of Lessor, threatened in any court or before any regulatory commission, board or other administrative governmental agency against or affecting Lessor, which, if adversely determined, will have a materially adverse effect on the ability of Lessor to lease the Aircraft.
WARRANTIES OF LESSOR. The Lessor warrants that the Lessor owns the Premises and has the right to lease them, and that the Lessee shall enjoy peaceable use of the Premises, free from interruption or hindrance by the Lessor or any other person, for so long as the Lessee performs its obligations under this agreement.
WARRANTIES OF LESSOR. (a) Lessor warrants and represents that Lessor has all rights and interest in the entire premises, including, without limitation, marketable title to convey the premises as provided under the terms of this lease.
(b) There are no leases or subleases affecting or encumbering the premises.
(c) At closing, all real property taxes shall be current.
(d) The premises have never been used in the past and at the time of closing in the application, use, storage, handling or disposal of pollutants, toxic or hazardous substances. In the event of breach of this warranty, Lessee shall have the right to terminate this lease and surrender the premises to Lessor with no liability to Lessor or third parties.
(e) There are no improvements of any nature owned by adjoining property owners which encroach upon the premises.
(f) There are no improvements or conditions affecting thee possession, use and quiet enjoyment of the premises by Lessee.
WARRANTIES OF LESSOR. At the commencement of the term, Lessee shall accept the buildings and improvements and any equipment in their existing condition and state of repair, and Lessee agrees that no representations, statements, or warranties, express or implied, have been made by or on behalf of Lessor in respect thereto except as contained in the provisions of this Lease, and Lessor shall in no event be liable for any defects.
WARRANTIES OF LESSOR. Lessor represents and warrants that Lessor has the right and authority to enter into this Agreement and to perform its obligations hereunder. The obligations created by this Agreement, insofar as they purport to be binding on Lessor, constitute legal, valid and binding obligations of Lessor enforceable in accordance with their terms. Lessor is under no contractual or other legal obligation which shall in any way interfere with its full, prompt and complete performance hereunder.
WARRANTIES OF LESSOR. Lessor warrants and represent to Lessee that:
a. Lessor has received no notice from any governmental authority of zoning, environment, building, or fire violations with respect to the Premises.
x. Xxxxxx has received no notice from any public authority of any eminent domain or condemnation proceedings conceding the Premises or any part thereof. Lessor further warrants that in the event it receives any such notice prior to the closing date, it will notice Lessee in writing prior to the closing.
x. Xxxxxx is a Limited Liability Company organized and created under the laws of the State of North Carolina, and is in good standing.
d. Except as noted herein, Lessor warrants that it has the full right, power, and authority to enter into this Agreement, to perform it obligations hereunder, and to execute and deliver this Agreement and all other documents to be executed and delivered by Lessor at closing in connection with the transaction contemplated herein. The representations and warranties set forth in this subparagraph shall be deemed to be renewed and restated at and as of the closing date. At closing, Lessor shall deliver to Lessee documentation evidencing the representations set forth herein.
x. Xxxxxx warrants that the Lessee shall have an uninterruptable use of the property and the right to have quiet possession of the property. No act of omission or commission of the Lessor shall affect such right of Lessee.
WARRANTIES OF LESSOR
