Lessor and Lessee certify to the Lenders as follows: (a) a true and correct copy of the Lease has been delivered to Beneficiary, and the Lease is presently in full force and effect and unmodified or unchanged; (b) the term shall commence or did commence on ___________, and full rental will then accrue or is now accruing thereunder; (c) all conditions required under the Lease to have been satisfied as of the date hereof have been satisfied; (d) no rent under the Lease has been paid more than thirty (30) days in advance of its due date; (e) the amount of lease deposit paid or to be paid under the terms of the Lease is $______________; (f) neither Beneficiary nor the Lenders shall have any liability or responsibility for the application or return of any security deposit of Lessee; (g) no default exists under the Lease; (h) Lessee, as of the date hereof, has no charge, lien or claim of offset under the Lease or otherwise, against rents or other charges due or to become due thereunder; (i) Lessee has not received notice of any assignment, mortgage or pledge of Lessor's interest in the Lease or any rents or other amounts payable thereunder; (j) the Lease constitutes the entire rental agreement between the parties; (k) the only persons, or corporations in possession of the Leased Premises or having any right to the possession or use of the Leased Premises (other than the record owner or holders of recorded easements) are those holding under the Lease; (l) Lessee has no right or interest in or under any contract, option or agreement involving the sale or transfer of the Leased Premises; and (m) as of the date hereof, Lessee has not assigned the Lease or sublet the Leased Premises.
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. Whenever under the provisions of this Lease the approval of Lessor or Lessee is required, or Lessor or Lessee is required to take some action at the request of the other, such approval or such request shall be given for Lessor by a Lessor Representative and for Lessee by a Lessee Representative, and any party hereto shall be authorized to rely upon any such approval or request.
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 shall each obtain from, keep in force during the Lease Term with, and pay all premiums due to, an insurer(s) holding a A.M. Best Rating of B+ or higher, Standard Commercial General Liability Insurance. The limits of liability of such insurance shall be in an amount not less than One Million Dollars ($1,000,000.00) per occurrence, Personal Injury including death and One Million Dollars ($1,000,000.00) per occurrence, Property Damage Liability or One Million Dollars ($1,000,000.00) combined single limit for Personal Injury and property Damage Liability.
Lessor and Lessee acknowledge that during the term of the Lease, Lessee may require an expansion of the demised premises to accommodate a growth of Lessee's future business operations. In such event, Lessee may request that Lessor construct an addition to the demised premises to the extent permitted by applicable zoning and other laws and regulations and assuming that Lessor can obtain acceptable financing for the cost of such addition. Lessor and Lessee shall meet and discuss in good faith the feasibility of Lessor's constructing the addition to the demised premises and the rent and other charges to be paid by Lessee in connection therewith.
Lessor and Lessee. EACH AGREE TO FURNISH TO THE OTHER ANY NECESSARY DOCUMENTATION TO EVIDENCE THE VALIDITY OF THIS LEASE, INCLUDING BUT NOT LIMITED TO INCUMBENCY CERTIFICATES, CORPORATE RESOLUTIONS, AND OPINIONS OF COUNSEL, all in such form as shall be reasonable satisfactory to the attorneys for the other party. Further. Lessee shall provide to Lessor any document (including UCC financing statements) which Lessor shall deem necessary or desirable for the purpose of evidencing, protecting, or recording Lessors rights, title and interests in the Equipment and this Lease.
Lessor and Lessee acknowledge (i) the development and construction of the Xxxxxx Project pursuant to the Xxxxxx PFDA, and (ii) that Xxxxxx Xxxxxx shall provide the funding for the construction and development of the Xxxxxx Project in accordance with the terms and conditions of the Xxxxxx PFDA. The construction and development of the Xxxxxx Project shall be treated as a Capital Addition funded by Lessor for all purposes under this Lease. Notwithstanding the terms of Section 3.1(a), Section 10.3(c), or any other provisions of this Lease to the contrary, the Xxxxxx Project Development Costs shall not be added to the Lease Base for the Xxxxxx Property until the Xxxxxx Project Completion Date and, on and after such date, shall be included in the calculation of Allocated Base Rent for the Xxxxxx Property.
Lessor and Lessee. HAVE CAREFULLY READ AND REVIEWED THIS LEASE AND EACH TERM AND PROVISION CONTAINED HEREIN, AND BY THE EXECUTION OF THIS LEASE SHOW THEIR INFORMED AND VOLUNTARY CONSENT THERETO. THE PARTIES HEREBY AGREE THAT, AT THE TIME THIS LEASE IS EXECUTED, THE TERMS OF THIS LEASE ARE COMMERCIALLY REASONABLE AND EFFECTUATE THE INTENT AND PURPOSE OF LESSOR AND LESSEE WITH RESPECT TO THE PREMISES. IF THIS LEASE HAS BEEN FILLED IN, IT HAS BEEN PREPARED FOR YOUR ATTORNEY'S REVIEW AND APPROVAL. FURTHER, EXPERTS SHOULD BE CONSULTED TO EVALUATE THE CONDITION OF THE PROPERTY FOR THE POSSIBLE PRESENCE OF ASBESTOS, UNDERGROUND STORAGE TANKS OR HAZARDOUS SUBSTANCES. NO REPRESENTATION OR RECOMMENDATION IS MADE BY THE AMERICAN INDUSTRIAL REAL ESTATE ASSOCIATION OR BY THE REAL ESTATE BROKERS OR THEIR CONTRACTORS, AGENTS OR EMPLOYEES AS TO THE LEGAL SUFFICIENCY, LEGAL EFFECT, OR TAX CONSEQUENCES OF THIS LEASE OR THE TRANSACTION TO WHICH IT RELATES; THE PARTIES SHALL RELY SOLELY UPON THE ADVICE OF THEIR OWN COUNSEL AS TO THE LEGAL AND TAX CONSEQUENCES OF THIS LEASE. IF THE SUBJECT PROPERTY IS IN A STATE OTHER THAN CALIFORNIA, AN ATTORNEY FROM THE STATE WHERE THE PROPERTY IS LOCATED SHOULD BE CONSULTED. The parties hereto have executed this Lease at the place and on the dates specified above their respective signatures. Executed at: Newport Beach, California Executed at: Laguna Niguel, California --------------------------------------------------------- -------------------------------------------------------- On: June 29, 1999 On: June 25, 1999 --------------------------------------------------------- -------------------------------------------------------- By LESSOR: By LESSEE: NORTH AMERICAN RESORT PROPERTIES, INC., CR TECHNOLOGY, INC., -------------------------------------------------------------- ------------------------------------------------------------- a California corporation a California corporation -------------------------------------------------------------- ------------------------------------------------------------- By: By: --------------------------------------------------------- -------------------------------------------------------- Name Printed: Xxxx X. Xxxxxx Name Printed: Xxxxxxx Antower ------------------------------------------------ ----------------------------------------------- Title: President Title: President ------------------------------------------------------- ------------------------------------------------------ By: By: -------------------------------...