LESSEE'S REPRESENTATIONS, WARRANTIES AND COVENANTS. Section 6.01. Lessee's Representations and Warranties.................. 29 Section 6.02. Offering by Lessee....................................... 35 Section 6.03. Certain Covenants of Lessee.............................. 35 Section 6.04. Survival of Representations and Warranties............... 43
LESSEE'S REPRESENTATIONS, WARRANTIES AND COVENANTS. Lessee hereby represents, warrants and covenants to Lessor as follows:
LESSEE'S REPRESENTATIONS, WARRANTIES AND COVENANTS. Lessee hereby represents, warrants and covenants to Lessor that:
LESSEE'S REPRESENTATIONS, WARRANTIES AND COVENANTS. 17.1 Lessee represents, warrants and covenants to Lessor each of the following:
LESSEE'S REPRESENTATIONS, WARRANTIES AND COVENANTS. 12 4.1. Maintenance, Operation and Repair of the System 12 4.2. Licenses and Permits 13 4.3. Property Taxes, and other Assessments and Fees 13 4.4. Requirements of Governmental Agencies and Regulatory Authorities 14 4.5. Liens 14 4.6. Hazardous Materials 14 4.7. Indebtedness 15 4.8. Records 15 4.9. Surrender 15 4.10. Cooperation; Transition Services 16 4.11. Lessee’s Authority 16 4.12. Litigation 16 4.13. Financing 16 SYSTEM LEASE AGREEMENT TABLE OF CONTENTS Page ARTICLE V LESSOR’S REPRESENTATIONS, WARRANTIES AND COVENANTS 18 5.1. Lessor’s Authority 18 5.2. Liens and Tenants 18 5.3. Condition of Assets 18 5.4. Requirements of Governmental Agencies 18 5.5. Hazardous Materials 19 5.6. Litigation 19 5.7. Limitation 19
LESSEE'S REPRESENTATIONS, WARRANTIES AND COVENANTS. Lessee represents, warrants and agrees as follows:
LESSEE'S REPRESENTATIONS, WARRANTIES AND COVENANTS. (a) Lessee warrants and represents the following as of the date hereof: (i) Lessee is a corporation duly organized, validly existing and in good standing under the laws of the state of its incorporation and is duly qualified and authorized to do business in the state where the Equipment will be located; (ii) Lessee has the full corporate power, authority and legal right and has obtained all approvals and consents and has given all notices necessary to execute and deliver this Lease and perform the terms hereof and of each Schedule; (iii) except as set forth on Exhibit G to this Lease, there is no action, proceeding or patent claim pending or, insofar as Lessee knows, threatened against Lessee or any of its subsidiaries before any court or administrative agency which might have a materially adverse effect on the business, condition or operations of Lessee or such subsidiary; and (iv) this Lease has been and each Schedule will be duly executed and delivered by Lessee and constitute or will constitute the valid, binding and enforceable obligations of Lessee. (b) Lessee agrees that by its signature on each Schedule it shall be deemed to have warranted and represented the following as of the Delivery Date of such Schedule: (i) all of the Units being delivered on the Delivery Date of such Schedule are accurately described in Annex A attached to such Schedule, have been fully assembled and conform to all applicable performance criteria; (ii) the requirements of this Lease and of Lessor with respect to the identification of the Units have been met; and (iii) each of the representations and warranties set forth in clause (a) of this Section 14 remains true and correct.
LESSEE'S REPRESENTATIONS, WARRANTIES AND COVENANTS. Lessee hereby represents, warrants and covenants to Landowner as follows: Landowner expressly reserves the right to use the properties adjacent to the solar array shown on Exhibit A for any purpose to the extent such use by Landowner does not, currently or in the future, interfere with Lessee’s operations hereunder or enjoyment of the rights hereby granted. Lessee shall make reasonable efforts not to disturb Landowner’s activities on the properties adjacent to the Property and to the extent such activities are consistent with Lessee’s rights under this Agreement. Lessee shall consult with Landowner on its site development plan prior to construction of any Solarpower Facilities, showing Landowner the proposed location of Solarpower Facilities, roads and electric power lines, before making Lessee’s final decisions as to location of Solarpower Facilities on the Property, but Lessee shall make all final siting decisions in its sole and absolute discretion. Lessee shall post the access roads it constructs going to the Solarpower Facilities as being private roads only for use by authorized personnel in connection with the Solarpower Facilities. Landowner may use or cross such roads only to the extent that Landowner does not interfere with Lessee’s rights under this Agreement.
LESSEE'S REPRESENTATIONS, WARRANTIES AND COVENANTS. Lessee warrants and represents to Lessor as follows as of the date of this Agreement, the Conditions Satisfaction Date (or, if applicable, the Outside Option Exercise Date), and the Lease Effective Date, and where indicated covenants and agrees as follows:
LESSEE'S REPRESENTATIONS, WARRANTIES AND COVENANTS. Lessee represents, warrants and covenants to Lessor as at the date of this Agreement and on the Delivery Date, on the basis of the facts and circumstances as at the relevant date, that:
