Encroachments; Permitting Clause Samples

Encroachments; Permitting. No Property encroaches in any manner onto any adjoining land (except as permitted by express written easements). There are no material defects to any Property including without limitation the plumbing, heating, air conditioning and electrical systems thereof. All water, sewer, electric, gas, telephone and drainage facilities and all other utilities required to adequately service each Property for its intended use are available pursuant to permits effective on or prior to the date hereof (including without limitation any that may be required under applicable Environmental Laws). There is no action, suit or proceeding (including without limitation any proceeding in condemnation or eminent domain or under any Environmental Law) pending or, to the best knowledge of the Lessee, overtly threatened which adversely affects the title to, or the use, operation, utility, value or useful life of any Property. No fire or other casualty with respect to any Property has occurred which fire or other casualty has had, individually or in the aggregate, a material adverse effect on (i) the business, condition (financial or otherwise), assets, liabilities or operations of Lessee and its Subsidiaries taken as a whole, (ii) the ability of Lessee or any Subsidiary to perform its respective obligations under any Transaction Document to which it is a party, (iii) the validity or enforceability of any Transaction Document or the rights and remedies of the Lessor thereunder, (iv) the validity, priority or enforceability of any Lien on any Property created by any Transaction Document or (v) the value, utility or useful life of any Property or the use, or ability of Lessee to use, any Property for the purpose for which it was intended. All utilities serving the related Properties are located in (and in the future will be located in) and vehicular access to each Property is provided by, either public rights-of-way abutting such Property or Appurtenant Rights. All licenses, approvals, authorizations, consents, permits (including without limitation building, demolition and environmental permits, licenses, approvals, authorizations and consents), easements and rights-of-way, including without limitation proof of dedication, required for (i) the use, treatment, storage, transport, disposal or disposition of any Hazardous Substance on, at, under or from the real property underlying any Improvements during the use and operation of such Improvements and the use and operation of such Improveme...