OWNER’S COVENANTS. 13.1. The Owner covenants the following to the Lessee:
13.1.1. That the Lessee shall peaceably hold and enjoy the Leased Apartment during the Term of this Agreement and the Owner shall not interrupt or interfere with the Lessee’s lawful occupation, enjoyment or use of the Leased Apartment other than in an emergency or in the normal and lawful process of exercising or implementing the Owner’s rights and obligations under this Agreement.
13.1.2. To keep the Leased Apartment, and the Owner’s contents (if any), insured for such sums and on such terms as the Owner feels appropriate against fire and other risks normally covered by a comprehensive property insurance policy and any other such risks as the Owner considers necessary from time to time.
13.1.3. Except as otherwise herein provided, to keep the Leased Apartment and all internal parts thereof in good and substantial structural condition.
13.1.4. To take reasonable steps to ensure that the Leased Apartment, the installations therein for supply of water and electricity, and for sanitation, are safe, in proper working order and in repair both at commencement of, and during the term of, this Agreement.
13.1.5. To take reasonable steps to ensure that all smoke alarms, and security equipment (e.g. security cameras, security alarm system, etc) are kept in proper working order and in repair throughout the duration of this Agreement.
13.1.6. That all consents necessary to enable the Owner to enter into this Agreement (whether from superior landlords, mortgagees, insurers or others) have been obtained.
OWNER’S COVENANTS. The Owner hereby covenants with the Council as follows:-
OWNER’S COVENANTS. A. Owner further acknowledges and agrees that this Indenture shall inure to the benefit of those individuals who are low-moderate income, and can benefit from the facility.
B. Owner shall not discriminate on the basis of race, creed, color, gender, age, handicap, marital status, national origin, family status or religion in the lease, sale, rental, use or occupancy of the Property or in connection with the employment or application for employment of persons for the operation and management of the Property or in connection with any improvements to be erected thereon or in connection with maintenance of the Property.
C. If Owner becomes aware of any situation, event or condition that would result in non-compliance with Section 42 of the United States Code or the Regulations, Owner shall promptly submit written notice thereof to the City.
X. Xxxxx, for itself, its successors and assigns, agrees that the terms, conditions and restrictions of this Indenture shall be covenants running with the land, and that in any deed of conveyance of the Property or any part thereof, said terms, conditions and restrictions shall be incorporated by reference to this Indenture and the record hereof as fully as the same are contained herein for the Compliance Period as defined herein.
E. Subject to the requirements of Section 42 of the United States Code and this Indenture, Owner may sell, transfer or exchange the entire Property at any time, but, unless the Compliance Period has terminated in accordance with Article IV hereof, Owner (and its successors and assigns) shall notify in writing and obtain the agreement of any buyer or successor or other person acquiring the Property or any interest therein that such acquisition is subject in the requirements of this Indenture and to the requirements of Section 42 of the United States Code and Regulations. This provision shall not act to waive any other restriction on sale, transfer or exchange of the Property.
X. Owner agrees to notify the City in writing of any sale, transfer or exchange of the Property.
OWNER’S COVENANTS. The OWNER hereby covenants that PROPTENSION INDIA PVT LTD/ Lessee paying the rents hereby reserved and observing all the undertakings and covenants incorporated herein, shall be entitled to enjoy quiet and peaceful possession of the Scheduled Premises during the term of, without any objection or interference whatsoever from the OWNER or any person/(s) claiming through the OWNER. The OWNER has provided fittings& fixtures and agrees to install any fittings which come under the standard fitting like gyser/fan/lights/carton rods/bathroom fitting/Exhaust fans (and agreed upon prior to signing this agreement). Any damage caused due to PROPTENSION INDIA PVT LTD and/or the lessee’s Negligence will be borne by PROPTENSION INDIA PVT LTD / Lessee. The OWNER will bear the cost for the replacement of any fitting & fixtures which is not caused by negligence of PROPTENSION INDIA PVT LTD or the lessee and may be due to age of the appliances, major manufacturer fault, and power outrages out of warranty. The OWNER will bear the cost for any major repair work like seepage, pipe breakage, main water and electrical connections which can’t be a fault of PROPTENSION INDIA PVT LTD or the Lessee. It is agreed that replacements of all consumables such as, but not restricted to bulbs, locks etc will be done by PROPTENSION INDIA PVT LTD or the Lessee PROPTENSION INDIA PVT LTD is not responsible for any of OWNER’s personal belonging kept at the premises. If OWNER still wants to keep their personal belongings inside the premises, then the OWNER has to take the responsibility of the same and shall lock it properly. The OWNER has to provide the required copies of set of documents of title relating to the Schedule Premises as the same is required by PROPTENSION INDIA PVT LTD to furnish the same to their lessees. The OWNER shall co-operate with PROPTENSION INDIA PVT LTD at the time when PROPTENSION INDIA PVT LTD is negotiating with the potential lessee (for eg. the lessee can call up the OWNER and enquire that PROPTENSION INDIA PVT LTD has been authorized to let the Schedule premises, and collect the rents, security deposit etc. from lessees )The address for the purposes of services of notices to the OWNER shall be the address as given in this deed, unless any change of address is notified. Similarly, the address of PROPTENSION INDIA PVT LTD shall be the address given in this deed unless any change is notified.
OWNER’S COVENANTS. The Owner covenants with the Council as follows:
OWNER’S COVENANTS. Section 4.1 The Owner covenants and agrees with the Mortgagee as follows:
4.1.1 it is and will remain a company duly constituted, validly existing and in good standing under the laws of Bermuda;
4.1.2 it lawfully owns and is lawfully possessed of all the shares in the Vessel free from any lien or encumbrance whatsoever except for this Deed, the Mortgage and any Permitted Lien and will warrant and defend the title and possession thereto and to every part thereof for the benefit of the Mortgagee against the claims and demands of all other persons whomsoever;
4.1.3 it will perform, observe and comply with the covenants, terms and obligations and conditions on its part to be performed, observed and complied with contained or implied in the Secured Debt Documents;
4.1.4 it will place, and at all times and places will retain a properly certified copy of this Deed and the Mortgage on board the Vessel with her papers and will cause such certified copy and the Vessel’s marine document to be exhibited to any and all person having business therewith which might give rise to any lien thereon other than liens for crew’s wages and salvage, and to any representative of the Mortgagee;
4.1.5 it will place and keep prominently displayed in the chart room and in the Master’s cabin on the Vessel a framed printed notice in plain type reading as follows: THIS VESSEL IS OWNED BY BREAKAWAY FOUR LTD., AND IS SUBJECT TO A FIRST PRIORITY MORTGAGE IN FAVOR OF KFW IPEX-BANK GMBH, AS COLLATERAL AGENT/MORTGAGEE UNDER AUTHORITY OF THE MERCHANT SHIPPING ACT OF THE STATUTE LAWS OF THE BAHAMAS, CHAPTER 268, AS AMENDED. UNDER THE TERMS OF SAID MORTGAGE, NEITHER THE OWNER, ANY CHARTERER, THE MASTER OF THE VESSEL, NOR ANY OTHER PERSON HAS ANY RIGHT, POWER OR AUTHORITY TO CREATE, INCUR OR PERMIT TO BE PLACED OR IMPOSED UPON THE VESSEL, ANY ENCUMBRANCES WHATSOEVER OR ANY OTHER LIEN WHATSOEVER OTHER THAN FOR CREW’S WAGES AND SALVAGE.”;
4.1.6 it will do and permit to be done each and every act or thing whatsoever which the Mortgagee may require to be done for the purpose of enforcing the Mortgagee’s rights hereunder and allow the Mortgagee to use the Owner’s name as may be required for that purpose;
4.1.7 it will not create or permit to subsist any Lien on the whole or any part of the Vessel except for Liens created with the prior consent of the Mortgagee or Permitted Liens; and
4.1.8 if a libel, arrest, complaint or similar process be filed against the Vessel or the Vessel be otherwise attached, ...
OWNER’S COVENANTS. The Owner covenants with the Council as follows:
2.1. To pay the Allotments Contribution in full to the Council prior to the Occupation of seventy five percent (75%) of the Dwellings
2.2. Not to Occupy or permit the Occupation of more than seventy five percent (75%) of the Dwellings until the payment referred to in paragraph 2.1 has been paid in full to the Council
2.3. To pay the Allotments Contribution payable in accordance with paragraph 2.1 index-linked to the date of payment using the following formula: ( The figure for the Index last published before the date on which the payment specified in this deed is made ÷ Index figure for quarter 3 of 2012 (namely 309.8) ) ×
OWNER’S COVENANTS. The Owner hereby covenants and agrees as follows:
(a) to assume all risks in commencing construction on the of the subject construction before every requirement to obtain a Full Building Permit has been met and the Pumping Station has been constructed, commissioned and fully operation and agrees that he or she will indemnify and save harmless the Municipality from and against all claims, actions, costs and/or awards arising from the issuance of the Conditional Building Permit;
(b) to prohibit Occupancy and not to request an Occupancy Inspection on the Lands until such time as the Pumping Station has been constructed, commissioned and is operating to the satisfaction of the Municipality;
(c) to immediately stop construction on the Lands and secure the site to the satisfaction of the CBO, if in the opinion of the CBO, at his sole discretion, any impediment arises to prevent the lawful continuation of the subject construction;
(d) to take any and all measures necessary, if requested by the CBO in writing, to remove the subject construction and restore the site if all necessary approvals have not been obtained and the Pumping Station has not been constructed and commissioned within one (1) year from the date of the issuance of the Conditional Building Permit;
(e) to comply with all development standards, approvals, by-laws, laws and regulations that are applicable to the Lands including but not limited to site servicing, grading, fire protection, and storm water management;
(f) to provide and maintain access for emergency vehicles to the satisfaction to the Municipality’s Fire Chief;
(g) to defend, indemnify and save harmless the Municipality and CBO from any and all claims whatsoever arising from this Agreement, including but not limited to, those arising out of:
a) Any breach, violation, or non-performance of any covenant, condition or agreement set forth in this Agreement to be fulfilled, kept, observed or performed by the Owner; or
b) Any damage to or loss of property occasioned, connected to, or related to this Agreement. The obligation of the Owner to indemnify the Municipality and CBO contained in this Section shall survive any termination of this Agreement, anything in this Agreement to the contrary notwithstanding.
OWNER’S COVENANTS. The Owner covenants with the Mortgagee to insure the Vessel in accordance with Clause 5 throughout the Security Period.
OWNER’S COVENANTS. THE OWNER HEREBY COVENANTS AND AGREES with the Regional District that the Owner:
(a) will, as far as reasonably necessary, carry out the maintenance, repair, replacement, renewal, reconstruction, improvement and inspection of the Works in a proper and workmanlike manner, and at the Owner’s own expense;
(b) will not erect, place or maintain any building, structure, driveway, patio, foundation or footings or any other obstruction of a permanent nature, on or above any portion of the Statutory Right‐of‐Way Area;
(c) except as provided in section 3, will not do or knowingly permit to be done any act or thing in connection with the Statutory Right‐of‐Way which will interfere with the purpose of the Statutory Right‐of‐Way or interfere or damage the Works; and
(d) at the sole expense of the Owner, do or cause to be done all acts reasonably necessary to grant priority to this Agreement over all financial charges and encumbrances which are registered against the title to the Lands in the Land Title Office, which for greater certainty does not include charges or encumbrances in favour of the Regional District or other governmental authority or those specifically approved in writing by the Regional District.
