Landlord’s Representations. Tenant acknowledges that neither Landlord nor any of its agents made any representations or warranties respecting the Property, the Building or the Leased Premises, upon which Tenant relied in entering into the Lease, which are not expressly set forth in this Lease. Tenant further acknowledges that neither Landlord nor any of its agents made any representations as to (i) whether the Leased Premises may be used for Tenant's intended use under existing Law, or (ii) the suitability of the Leased Premises for the conduct of Tenant's business, or (iii) the exact square footage of the Leased Premises, and that Tenant relies solely upon its own investigations with respect to such matters. Tenant expressly waives any and all claims for damage by reason of any statement, representation, warranty, promise or other agreement of Landlord or Landlord's agent(s), if any, not contained in this Lease or in any Exhibit attached hereto.
Landlord’s Representations. Landlord hereby represents and warrants to Tenant as follows:
Landlord’s Representations. Neither Landlord nor Landlord's agents or brokers have made any representations or promises with respect to the Premises, the Building, the Parking Facility, the Land, or any other portions of the Project except as herein expressly set forth and all reliance with respect to any representations or promises is based solely on those contained herein. No rights, easements, or licenses are acquired by Tenant under this Lease by implication or otherwise except as, and unless, expressly set forth in this Lease.
Landlord’s Representations. At the time of lease signing, the Premises shall be properly zoned for the Tenant’s stated use as stated in Section XI and will be in compliance with all applicable state and federal laws and regulations. The Premises shall not have been used for the storage or disposal of any toxic or hazardous substances, and the Landlord has received no notice from any governmental authority concerning removal of any toxic or hazardous substances from the property.
Landlord’s Representations. Landlord represents and warrants to Tenant as of the Effective Date as follows:
Landlord’s Representations. Notwithstanding any other provisions in this Lease, the Landlord represents that as of the date on which the Tenant takes possession of the lands outlined in red on the Site Plan, to the best of its knowledge, there are no Hazardous Substances or other adverse environmental conditions at, on, below, or within the Development. If any Hazardous Substances are discharged or otherwise released into the natural environment causing any adverse environmental effect or if any adverse environmental conditions or Hazardous Substances which may be considered to be dangerous to the health of any person are at any time during the Term or any renewal thereof found at, on, below, or within the Development or if any condition exists at, on, below or within the Development which may result in the Tenant or the Landlord being in breach of its obligations under the applicable occupational health and safety legislation or other Applicable Laws other than as a result of (i) the acts of the Tenant, or those for whom the Tenant may in law be responsible, or (ii) the installation of any improvements in the Leased Premises by or on behalf of the Tenant, the Landlord shall as soon as reasonably possible at no cost to the Tenant correct or cause to be corrected such condition in order that the Tenant and Landlord shall be in compliance with the provisions of the Applicable Laws, and shall remove or take such investigatory, remedial or clean-up action respecting such Hazardous Substances or other adverse environmental condition as may be required by Applicable Laws and governmental authorities. The Landlord and the Tenant acknowledge and agree that the Tenant shall assume all liability and responsibility for any environmental or health and safety liabilit ies (whether accrued, actual, contingent or otherwise) including, without limitation, any liabilities pertaining to remediation work or correction of any condition arising out of or in any way connected to the existence of Hazardous Substances or other adverse environmental condition at, on, below or within the Development from the Commencement Date onwards which the Tenant, or those for whom the Tenant may in law be responsible did not cause or permit, and the Tenant shall remain at all times responsible for any such liabilities. The Tenant shall indemnify and save harmless the Landlord from and against any and all environmental and health and safety liabilit ies (whether accrued, actual, contingent or otherwise), losses damages, c...
Landlord’s Representations. Landlord represents and warrants that, to its actual knowledge based solely upon and except as disclosed in the Environmental Report for the Land dated September 9, 1993, and its control of the Land since September 9, 1993 (a) as of the date of execution of this Lease, there are no and, (b) prior to Tenant's occupancy, there will be no Hazardous Substances on, under or about the Land.
Landlord’s Representations. (A) Landlord represents that either:
Landlord’s Representations. In connection with Tenant’s lease of the Premises from Landlord pursuant to the terms hereof, Landlord represents, warrants, and certifies to Tenant that (a) Landlord is the fee owner of Retail Xxxx 0 xxx Xxxxxxx Xxxx X contained within the Gateway Block B Condominium Project as the same is identified in the Record of Survey Map recorded in Salt Lake County, Utah, on February 26, 2001, as Entry No. 7828970 and in the Declaration of Condominium, together with the undivided ownership interest in said Project’s Common Elements that arc appurtenant to said Unit as more particularly described in the Declaration; (b) no additional approvals of any third party are required under any of the Declarations in connection with the lease of the Premises to Tenant or in connection with Tenant’s completion of the Tenant Improvements (other than any and all building permits and approvals required under applicable Law); (c) Landlord is the “Declarant” under that certain Declaration and Establishment of Protective Covenants, Conditions and Restrictions and Grant of Easements, recorded 12/27/2000 as Entry No. 7787948 in Book 8410 at Page 8311, as amended (the “Master Declaration”), and that, while the proposed use of the Premises as described in Article 5 of this Lease is not expressly permitted by the terms of said Master Declaration, Landlord, both in its capacity as owner of the Building and as Declarant under the Master Declaration, hereby approves of Tenant’s proposed use of the Premises described in Article 5 of this Lease and acknowledges and agrees not to allege that Tenant is violating the terms of the Master Declaration solely as a result of Tenant’s proposed use of the Premises as described in Article 5 of this Lease; (d) the issuance of the parking passes and Tenant’s exclusive use of the Reserved Parking Area in accordance with the provisions of Article 28 will not conflict with any of the Declarations or the rights of any third party in and to the same; (e) to the best of Landlord’s knowledge, there exists no breach, default, event or condition which, with the giving of notice or the passage of time or both, would constitute a breach or default by any party to or under the Declarations; (f) the Declarations have not been amended, altered, supplemented or otherwise modified as of the effective date of this Lease, except to the extent expressly set forth on attached Exhibit G; and (g) there are no outstanding assessments or other amounts due by Landlord under any ...
Landlord’s Representations. Landlord represents that, to the best of its actual knowledge, without inquiry, and except as disclosed below or set forth on Exhibit "N", there are not now nor have there been any Hazardous Materials (as defined below) used, generated, stored, treated or disposed of on the Property in violation of applicable governmental regulations. Landlord's representations to Tenant under this Section shall survive the cancellation or termination of this Lease.
