Lessor and Lessee. Whenever under the provisions of this Lease the approval of the Lessor or the Lessee is required, or the Lessor or the Lessee is required to take some action at the request of the other, such approval or such request shall be given for the Lessor by a Lessor Representative and for the Lessee by a Lessee Representative, and any party hereto shall be authorized to rely upon any such approval or request.
Lessor and Lessee certify to the Lenders as follows:
Lessor and Lessee acknowledge and agree that no realtor, broker or agent of any kind is a party to this Lease for any purpose including fee or commission rights as to any rent or additional rent to be paid hereunder. Lessor and Lessee each covenant and agree to indemnify and hold harmless the other party hereto from the payment of all commissions, claims and related expenses in connection with any realtor, broker or agent engaged by the indemnifying party, or through which indemnifying party any such claim may be made or asserted, in connection with the negotiating and procuring of this Lease.
Lessor and Lessee. If "LESSEE' or LESSOR and LESSEE" is checked above, LESSEE's obligation and schedule for payment of all or part of the real estate taxes and assessments shall be as follows: LESSEE shall be responsible for only his pro rata share of any increases in real property taxes assessed for 1995 on the property at 0000 XX 00xx.
Lessor and Lessee acknowledge and agree that the status of the Airframe and the Engines on the Delivery Date are as set forth in Schedule 1 hereto, that the Aircraft, together with the Aircraft Documents described on Schedule 2 hereto, are delivered by Lessor to Lessee in accordance with the Lease on the date of this Certificate and that the Aircraft and Aircraft Documents have been technically accepted by Lessee in accordance with the provisions of the Lease. INWITNESS WHEREOF, Lessor and Lessee have caused this Certificate to be duly executed as of this day of , 1999. LESSOR, FIRST SECURITY BANK, N.A., not in its individual capacity but solely as owner trustee By:__________________________ Name:________________________ Its:___________________________ LESSEE, FRONTIER AIRLINES, INC. By:___________________________ Name:_________________________ Its:____________________________ SCHEDULE 1 TO CERTIFICATE AS TO STATUS OF AIRCRAFT Aircraft Status on The Delivery Date Airframe Heaviest Check ("C7" Check or Equivalent): Interval: _____ Hrs. (____ months) Time Remaining: _________ Hrs. Airframe "C" Check (or Equivalent): Interval: ______ Hrs. Time Remaining: ______ Hrs.
Lessor and Lessee acknowledge that Lessor may become legally liable for the costs of complying with laws relating to hazardous Materials which are the responsibility of Lessee and, accordingly, Lessor and Lessee agree that the costs of complying with laws relating to Hazardous Materials in or on the Building Project caused or permitted by Lessee, for which Lessor may be legally liable, and which are paid or incurred by Lessor, shall be fully reimbursed to Lessor by Lessee within ten (10) days after Lessee receives a statement of charges therefore from Lessor.
Lessor and Lessee. (a) Lessor: SHEPHERD TURK INC. c/o Sharp & Associates, Inc. (b) Lessor's Address: 0000 Xxxx Xxxxxxx, Xxxxx 000 Xxxxxxx, Xxxxx 00000
Lessor and Lessee mutually agree and acknowledge that this Agreement is to be treated as a lease for United States federal income tax purposes. 20. USURY LAWS: The parties intend to contract in strict compliance with the usury Laws of the State of New York and, to the extent applicable, the United States of America. Notwithstanding anything to the contrary in the Operative Documents, Lessee will not be obligated to pay any interest in excess of the maximum non-usurious interest rate, as in effect from time to time, which may by applicable Law be charged, contracted for, reserved, received or collected by Lessor in connection with the Operative Documents. During any period of time in which the then-applicable highest lawful rate is lower than the rate specified in Clauses 5.11 or 13.2, interest will accrue and be payable at such highest lawful rate; however, if at later times such highest lawful rate is greater than the rate specified in Clauses 5.11 or 13.2, then Lessee will pay interest at the highest lawful rate until the aggregate amount of interest paid by Lessee equals the amount of interest that would have been payable in accordance with the interest rate specified in Clauses 5.11 or 13.2.
Lessor and Lessee acknowledge that Lessor may become legally liable for the costs of complying with Governmental Regulations relating to Hazardous Material which may not be the legal responsibility of Lessee, including but not limited to the following: (i) a change in Governmental Regulations which relate to Hazardous Material which make that Hazardous Material which is present on the Premises, whether known or unknown to Lessee, a-violation of such new Governmental Regulation; and (ii) Hazardous Material that Lessee is unable to conclusively demonstrate (to a preponderance of the evidence) has migrated, flowed, percolated, diffused or in any way moved on, to or under the Premises after the Commencement Date from adjacent properties. Accordingly, Lessor and Lessee agree that compliance with Governmental Regulations (amended or enacted after the Commencement Date) relating to Hazardous Material on the Premises for which Lessor may be legally liable shall be the sole responsibility of Lessee and, to the event legally permissible, Lessee hereby assumes such responsibility and legal liability and forever releases and discharges Lessor from the same and agrees that any cost incurred by Lessor with respect to the same shall be paid by Lessee on demand as additional rental under the Lease and shall be subject to the terms of Paragraphs 45.1(b) and 45.1(c) above. Further, Lessee shall be solely responsible for Hazardous Material that in any way appears in, onto or under the Premises after the Commencement Date; -------- provided, however, that if Lessee can prove by a preponderance of evidence that a third party is responsible for said migration, flow, diffusion or appearance, Lessee shall be relieved of all responsibility therefor and provided further that Lessee shall not be ------------------------------------------------------ responsible for Hazardous Material that appears in, onto or under the --------------------------------------------------------------------- Premises from conduct which occurs after the termination of this ---------------------------------------------------------------- Lease. In the event any such expense relating to Hazardous Material is ----- subsequently recovered or reimbursed through insurance, or recovery from responsible third parties, or other action, Lessee shall be entitled to reimbursement to the extent it has paid such expense to which such recovery or reimbursement relates.
Lessor and Lessee. The terms Lessor and Lessee, as used in this Lease, shall mean and include the Lessor and Lessee named on the Reference Page hereof and their beneficiaries, successors and assigns.