Title and Quiet Possession. Landlord hereby represents, covenants and warrants to Tenant that it has full right and authority to enter into this Lease in 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 current title commitment or policy issued from a national title company attached hereto as Exhibit C and made a part hereof (the "Permitted 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 (a) Landlord intends to subject or has subjected the Shopping Center, the Premises and other property to the terms and conditions of a reciprocal easement agreement ("REA") with Target, Inc. governing the use, operation, maintenance, repair, design and construction of such property and providing for, among other things, the imposition of certain covenants, conditions, restrictions and easements, and (b) notwithstanding the later execution and 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 Lease and the provisions of the REA that would cause a material reduction of Tenant's rights hereunder or a material increase in Tenant's obligations hereunder, the provisions of this Lease shall prevail and control. Subject to the 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 REA for its review.
Title and Quiet Possession. Landlord represents and covenants that Landlord owns the Leased Premises and the Landlord Property in fee simple, free and clear of all liens, encumbrances, and restrictions of every kind and nature, except for those that currently appear in the recorded chain of title and are reported as exceptions on the commitment for title insurance that Tenant may obtain. Tenant shall have the quiet use and enjoyment of the Leased Premises and the easements described herein in accordance with and subject to the terms of this Agreement, without any manner of hindrance, interference, or molestation of any kind by Landlord or any person claiming through Landlord.
Title and Quiet Possession. Lessor represents and covenants that Lessor owns the Leased Space and the Premises (including the property that is subject to the Easements) in fee simple terms, free and clear of all liens, encumbrances and restrictions of every kind and nature, except for those as set forth below: Name of Lien holder Type of Xxxx Xxxxxx represents and warrants that there are no matters affecting title that would prohibit, restrict or impair the leasing of the Leased Space, use or occupancy thereof, or the granting of the Easements in accordance with the terms and conditions of this Lease. Lessor represents and warrants to Lessee that Lessor has the full right, power and authority to enter into this Lease and that Lessee will have quiet and peaceful possession of the Leased Space and the Easements throughout the Term
Title and Quiet Possession. Lessor represents and agrees (a) that it is the Lessor of the Site; (b) that it has the right to enter into this Agreement; (c) that the person signing this Agreement has the authority to sign; (d) that Lessee is entitled to access to the Site at all times and to the quiet possession of the Site throughout the Initial Term and each Renewal Term so long as Lessee is not in default beyond the expiration of any cure period; (e) that Lessor shall not have unsupervised access to the Site or to the equipment; and (f) that Lessor will upon sale or transfer of the underlying property, provide an assignment letter to Lessee that instructs Lessee to make future rent payments to the transferee. Xxxxxx further agrees to defend, indemnify and assume all liability for failure to provide Lessee with proper transfer information or required documentation pertaining to subsequent Lessor.
Title and Quiet Possession. Lessor covenants that Lessor is the legal owner of premises and that Lessor has the right to make this lease and that NTESS shall enjoy quiet and peaceful possession of the premises during the term of this lease. Lessor expressly warrants that there are no other agreements in force that conflict with this lease. Xxxxxx and any successors in interest shall agree not to enter into any arrangement that could interfere with NTESS’ quiet and peaceful possession of the NTESS-controlled premises during the term of this lease. Lessor expressly warrants that the premises delivered under this lease are in accordance with the description set forth in Section I and compliant with all requirements of this lease.
Title and Quiet Possession. The Tower Owner represents and agrees (a) that it is the owner of the sites, (b) that it has the right to enter into this agreement, (c) that the person signing this agreement has the authority to sign, (d) that Broadband Company is entitled to access the sites on either an escorted basis, or independent basis, as determined by the Tower Owner. Access includes inside any security fence or area, 24x7x365 throughout the terms of the agreement so long as Broadband Company is not in default of this agreement.
Title and Quiet Possession. Subject to the approval of the City , CITY represents and warrants (a) that it has the right to enter into this Agreement; (b) that the person executing this Agreement on behalf of CITY has the authority to execute and deliver it; (c) that ADVERTISING PROVIDER is entitled to access to the Designated Areas as provided herein; (d) that ADVERTISING PROVIDER shall have quiet possession of the Designated Areas throughout the Initial Term and each Renewal Term; and (e) that this Agreement shall not violate any existing laws, regulations, or written agreements applicable to or affecting the Property.
Title and Quiet Possession. Owner represents and agrees (a) that it is in possession of the Site as fee owner; (b) that it has the right to enter into this Agreement; (c) that the person signing this Agreement has the authority to sign; and (e) that Licensee 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 Term. This Agreement shall be subordinate to any mortgage or deed of trust now of record against the Site; but, solely with respect to any mortgage or deed of trust granted by Owner, only if the holder of any mortgage or deed of trust agrees not to disturb Licensee’s peaceable enjoyment of the Site upon any foreclosure or other proceeding by such party pursuant to a customary subordination, nondisturbance and attornment agreement in form and substance reasonably acceptable to Licensee.
Title and Quiet Possession. Lessor represents and agrees that: it is the owner of the Property; it has the right to enter into this Lease; the person signing this Lease has the authority to sign; Lessee is entitled to access to the Demised Premises at all times for purposed of maintaining, operating, and improving the Facility and to the quiet possession of the Demised Premises throughout the term of the Lease Agreement, so long as Lessee is not in default hereunder.
Title and Quiet Possession. City represents and agrees that: (a) it is the owner of the Property; (b) it has the right to enter into this Lease; (c) the person signing this Lease has the authority to sign on behalf of City; and (d) Xxxxxx is entitled to access to and use of the Site as provided herein throughout the Term of this Lease. Notwithstanding the foregoing, City may enter the Site and take such actions as are required to protect individuals or personal property from such substantial harm or damage, or to otherwise effectively carry out City’s business. In connection with City's entry, City will use reasonable efforts to minimize any disruption to Xxxxxx's operations at the Property or use of the Site.
