Common use of Xxxxxxxx’s Warranties and Representations Clause in Contracts

Xxxxxxxx’s Warranties and Representations. Landlord hereby agrees with, and warrants and represents to Tenant as follows: (i) Landlord is the owner of the Land and Premises in fee simple with full right and authority to execute this Lease and to lease the Premises to Tenant in accordance with the terms hereof without the consent or joinder of any other party; (ii) to the best of Landlord’s knowledge, the Premises are free from environmental contamination of any sort and comply with any and all applicable laws, rules, regulations and recorded documents; (iii) Landlord has not received any notice of condemnation, zoning change or legal noncompliance relating to the Premises; (iv) RESERVED; (v) Landlord will not institute or consent to any rezoning of the Premises during the Term without the prior written consent of Tenant; (vi) Landlord shall not further encumber the title to the Premises during the Term; (vii) Landlord shall not cause or permit any property owned or controlled by Landlord in the vicinity of the Premises, or any uses or improvements thereon, to impair Tenant’s use of the Premises (for example, and without limiting the generality of the foregoing, Landlord shall not cause or permit any cell towers, water towers, billboards, silos or any other structures to be placed or constructed thereon that may obstruct the sunlight that otherwise would reach the Premises, or that may cast shade or shadows upon the Premises or any portion thereof); (viii) the Premises are free from any recorded or, to the best of Landlord’ knowledge, unrecorded use or occupancy restrictions, declarations of restrictive covenants, or other restrictions that would affect the Intended Use; (ix) Landlord has not and, to the best of Landlord’s knowledge, Xxxxxxxx’s tenants or predecessors in title have not used, manufactured, stored or released hazardous substances on, in or under the Premise; (x) there are no service or maintenance contracts affecting the Premises; (xi) there are no delinquent or outstanding assessments, liens or other impositions levied or assessed against the Premises or the larger property of which the Premises are a part; (xii) except for this Lease, there are no leases, options to purchase, license agreements or other third party rights to use or possess the Premises, whether written or oral, recorded or unrecorded; (xiii) Landlord is not in the hands of a receiver nor is an application for such a receiver pending; (xiv) Landlord has made no assignment for the benefit of creditors, nor filed, or had filed against it, any petition in bankruptcy; and (xv) within five (5) days after the full execution of this Lease, Landlord shall provide copies of the following to Tenant: any notices of any statute or code violation pertaining to the Premises; all “Phase I” and other environmental assessment reports for the Premises in Landlord’s possession or control; Landlord’s most recent survey and title insurance policy relating to the Premises; any governmental permits for the Premises and any other documentation in Landlord’s possession relating to the Premises.

Appears in 3 contracts

Samples: Ground Lease Agreement, Ground Lease Agreement, Ground Lease Agreement

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Xxxxxxxx’s Warranties and Representations. Landlord hereby agrees with, and warrants and represents to Tenant as follows: (i) Landlord is the owner of the Land and Premises in fee simple with full right and authority to execute this Lease and to lease the Premises to Tenant in accordance with the terms hereof without the consent or joinder of any other party; (ii) to the best of Landlord’s knowledge, the Premises are free from environmental contamination of any sort and comply with any and all applicable laws, rules, regulations and recorded documents; (iii) Landlord has not received any notice of condemnation, zoning change or legal noncompliance relating to the Premises; (iv) RESERVED; (v) Landlord will not institute or consent to any rezoning of the Premises during the Term without the prior written consent of Tenant; (vi) Landlord shall not further encumber the title to the Premises during the Term; (vii) Landlord shall not cause or permit any property owned or controlled by Landlord in the vicinity of the Premises, or any uses or improvements thereon, to impair Tenant’s use of the Premises (for example, and without limiting the generality of the foregoing, Landlord shall not cause or permit any cell towers, water towers, billboards, silos or any other structures to be placed or constructed thereon that may obstruct the sunlight that otherwise would reach the Premises, or that may cast shade or shadows upon the Premises or any portion thereof); (viii) the Premises are free from any recorded or, to the best of Landlord’ knowledge, unrecorded use or occupancy restrictions, declarations of restrictive covenants, or other restrictions that would affect the Intended Use; (ix) Landlord has not and, to the best of Landlord’s knowledge, XxxxxxxxLandlord’s tenants or predecessors in title have not used, manufactured, stored or released hazardous substances on, in or under the Premise; (x) there are no service or maintenance contracts affecting the Premises; (xi) there are no delinquent or outstanding assessments, liens or other impositions levied or assessed against the Premises or the larger property of which the Premises are a part; (xii) except for this Lease, there are no leases, options to purchase, license agreements or other third party rights to use or possess the Premises, whether written or oral, recorded or unrecorded; (xiii) Landlord is not in the hands of a receiver nor is an application for such a receiver pending; (xiv) Landlord has made no assignment for the benefit of creditors, nor filed, or had filed against it, any petition in bankruptcy; and (xv) within five (5) days after the full execution of this Lease, Landlord shall provide copies of the following to Tenant: any notices of any statute or code violation pertaining to the Premises; all “Phase I” and other environmental assessment reports for the Premises in Landlord’s possession or control; Landlord’s most recent survey and title insurance policy relating to the Premises; any governmental permits for the Premises and any other documentation in Landlord’s possession relating to the Premises.

Appears in 1 contract

Samples: psc.ky.gov

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Xxxxxxxx’s Warranties and Representations. Landlord hereby agrees with, and warrants and represents to Tenant as follows: (i) Landlord is the owner of the Land and Premises in fee simple with full right and authority to execute this Lease and to lease the Premises to Tenant in accordance with the terms hereof without the consent or joinder of any other party; (ii) to the best of Landlord’s knowledge, the Premises are free from environmental contamination of any sort and comply with any and all applicable laws, rules, regulations and recorded documents; (iii) Landlord has not received any notice of condemnation, zoning change or legal noncompliance relating to the Premises; (iv) RESERVED; (v) Landlord will not institute or consent to any rezoning of the Premises during the Term without the prior written consent of Tenant; (vi) Landlord shall not further encumber the title to the Premises during the Term; (vii) Landlord shall not cause or permit any property owned or controlled by Landlord in the vicinity of the Premises, or any uses or improvements thereon, to impair Tenant’s use of the Premises (for example, and without limiting the generality of the foregoing, Landlord shall not cause or permit any cell towers, water towers, billboards, silos or any other structures to be placed or constructed thereon that may obstruct the sunlight that otherwise would reach the Premises, or that may cast shade or shadows upon the Premises or any portion thereof); (viii) the Premises are free from any recorded or, to the best of Landlord’ knowledge, unrecorded use or occupancy restrictions, declarations of restrictive covenants, or other restrictions that would affect the Intended Use; (ix) Landlord has not and, to the best of Landlord’s knowledge, Xxxxxxxx’s tenants or predecessors in title have not used, manufactured, stored or released hazardous substances on, in or under the Premise; (x) there are no service or maintenance contracts affecting the Premises; (xi) there are no delinquent or outstanding assessments, liens or other impositions levied or assessed against the Premises or the larger property of which the Premises are a part; (xii) except for this Lease, there are no leases, options to purchase, license agreements or other third party rights to use or possess the Premises, whether written or oral, recorded or unrecorded; (xiii) Landlord is not in the hands of a receiver nor is an application for such a receiver pending; (xiv) Landlord has made no assignment for the benefit of creditors, nor filed, or had filed against it, any petition in bankruptcy; and (xv) within five (5) days after the full execution of this Lease, Landlord shall provide copies of the following to Tenant: any notices of any statute or code violation pertaining to the Premises; all “Phase I” and other environmental assessment reports for the Premises in Landlord’s possession or control; LandlordXxxxxxxx’s most recent survey and title insurance policy relating to the Premises; any governmental permits for the Premises and any other documentation in Landlord’s possession relating to the Premises.

Appears in 1 contract

Samples: Ground Lease Agreement

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