Common use of Compliance with Laws and Zoning and Other Requirements; Encroachments Clause in Contracts

Compliance with Laws and Zoning and Other Requirements; Encroachments. To Borrower’s knowledge and belief, Borrower is in compliance with the requirements of all applicable Laws. To Borrower’s knowledge and belief, the use of the Property complies with applicable zoning ordinances, regulations and restrictive covenants affecting the Land. To Borrower’s knowledge and belief, all use and other requirements of any Governmental Authority having jurisdiction over the Property have been satisfied. To Borrower’s knowledge and belief, no violation of any Law exists with respect to the Property. To Borrower’s knowledge and belief, and except as may be disclosed in the Survey, the Improvements are constructed entirely on the Land and do not encroach upon any easement or right-of-way, or upon the land of others. To Borrower’s knowledge and belief, and except as may be disclosed in the Survey, (i) the Improvements comply with all applicable building restriction lines and set-backs, however established, and (ii) are in strict compliance with all applicable use or other restrictions and the provisions of all applicable agreements, declarations and covenants and all applicable zoning and subdivision ordinances and regulations. Notwithstanding the foregoing, the representations and warranties set forth in this Section 6.10 are qualified by any information and disclosures set forth in any zoning report delivered by Borrower to Administrative Agent in connection with the closing of the Loan.

Appears in 3 contracts

Samples: Loan Agreement (KBS Real Estate Investment Trust III, Inc.), Loan Agreement (KBS Real Estate Investment Trust III, Inc.), Loan Agreement (KBS Strategic Opportunity REIT, Inc.)

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Compliance with Laws and Zoning and Other Requirements; Encroachments. To Borrower’s knowledge and belief, Borrower is in compliance with the requirements of all applicable Laws. To Borrower’s knowledge and belief, the use of the Property complies with applicable zoning ordinances, regulations and restrictive covenants affecting the Land. To Borrower’s knowledge and belief, all use and other requirements of any Governmental Authority having jurisdiction over the Property have been satisfied. To Borrower’s knowledge and belief, no violation of any Law exists with respect to the Property. To Borrower’s knowledge and belief, and except as may be disclosed in the Survey, the Improvements are constructed entirely on the Land and do not encroach upon any easement or right-of-way, or upon the land of others. To Borrower’s knowledge and belief, and except as may be disclosed in the Survey, (i) the Improvements comply with all applicable building restriction lines and set-backs, however established, and (ii) are in strict compliance with all applicable use or other restrictions and the provisions of all applicable agreements, declarations and covenants and all applicable zoning and subdivision ordinances and regulations. Notwithstanding the foregoing, the representations and warranties set forth in this Section 6.10 are qualified by any information and disclosures set forth in any zoning report delivered by Borrower to Administrative Agent in connection with the closing of the Loan.

Appears in 3 contracts

Samples: Term Loan Agreement, Term Loan Agreement (KBS Strategic Opportunity REIT, Inc.), Term Loan Agreement (KBS Real Estate Investment Trust III, Inc.)

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