Lessor Covenants Sample Clauses

Lessor Covenants. Lessor agrees that it: (a) shall continue to operate and manage each Property in the same manner in which Lessor has previously operated and managed such Property; (b) shall, subject to Section 7 hereof and subject to reasonable wear and tear, maintain each Property in the same (or better) condition as exists on the date hereof; and (c) shall not, without Lessee’s prior written consent, which, after the expiration of the Due Diligence Period may be withheld in Lessee’s sole discretion: (i) amend the Leases or the Guaranties in any manner, nor enter into any new lease, other than the Ground Leases and the Pinnacle Leases, license agreement or other occupancy agreement with respect to any Property; (ii) consent to an assignment of any Lease or a sublease of the premises demised thereunder or a termination or surrender thereof; (iii) terminate any Lease or release any guarantor of or security for any Lease unless required by the express terms of such Lease; and/or (iv) cause, permit or consent to an alteration of the premises demised under the Leases (unless such consent is non-discretionary). Lessor shall promptly inform Lessee in writing of any material event adversely affecting the ownership, use, occupancy or maintenance of any Property, whether insured or not.

Lessor Covenants. Lessor makes the following covenants to Lessee. (a) Throughout the Term and any extensions thereof, Lessor and its officers, employees, contractors, agents, tenants, subtenants, servants, licensees and invitees shall not interfere or allow a third party to interfere with the solar patterns affecting the Permitted Improvements. (b) [Intentionally omitted.] (c) Throughout the Term and any extensions thereof, as provided in Section 11.1, Lessor shall protect Lessee’s rights of quiet enjoyment.

Lessor Covenants. 9.1 Lessor shall have the right, at its sole cost, responsibility, and expense, to make at any time alterations to Lessor’s Property and to construct other improvements on Lessor’s Property (“Lessor Improvements”) provided that such alterations do not substantially impair the use thereof by Lessee for the purposes herein described and so long as same are in compliance with all requirements of the POB I Lease, the Ground Lease, and the POB III Lease. 9.2 Lessor shall pay for all labor and services performed for, materials used by or furnished to Lessor, or used by or furnished to any contractor employed by Lessor with respect to the initial construction of any Lessor Improvements and hold Lessee and the Bond Financed Property harmless and free from any liens, claims, encumbrances or judgments created by Lessor. If Lessor elects to post a payment or performance bond or is required to post an improvement bond with a public agency in connection with the above, Lessor agrees to include Lessee as an additional obligee thereunder. 9.3 Lessor is and shall remain for the Lease Term hereof the true and lawful owner of the Bond Financed Property and, has good right and full power to let and lease the Bond Financed Property. Lessor agrees that, contingent upon Lessee’s compliance with the terms of this Facilities Lease such that no Event of Default has occurred and is continuing, Lessee shall quietly and peaceably hold, possess and enjoy the Bond Financed Property for the full Lease Term of this Facilities Lease without any hindrance or molestation by the agents or employees of Lessor as discussed herein, and Lessor will defend the title to the Bond Financed Property and the use and occupancy of the same by Lessee against the lawful claims of all persons whomsoever claiming by, through, or under Lessor (but not otherwise) except those claiming by, through, or under Lessee. 9.4 Lessor shall maintain a fee simple interest in the Bond Financed Property free and clear of any mortgages, deeds, encumbrances, declarations, easements, liens or restrictions, or any other encumbrances, other than as provided in the Indenture, and that would restrict Lessee’s use of the Bond Financed Property for the purposes herein described or would restrict in any respect the right of Lessee, its employees and invitees to use the Bond Financed Property in accordance with the terms of this Facilities Lease (“Encumbrances”). Lessor agrees promptly to discharge or to cause to be discharged any E...

Lessor Covenants. 9.1. Lessor shall have the right, at its sole cost, responsibility, and expense, to make at any time alterations to Leased Premises and to construct other improvements on Leased Premises (“Lessor Improvements”) provided that Lessee’s prior written consent has been obtained (which consent shall not be unreasonably withheld, delayed or conditioned), and so long as such alterations do not materially impair the use of the 2024 Tax-Exempt Facilities by Lessee for the purposes herein described and so long as same are in compliance with all requirements of the Ground Lease. 9.2. Lessee’s rights to operate under this Facilities Lease and the right of Lessee to quiet enjoyment in Section 9.4 hereof shall not be unreasonably impeded by Lessor, or its customers or tenants. In addition, if Lessor, or its customers or tenants, desire to construct, operate, or otherwise engage in a facility to perform activities similar to the activities contemplated by this Facilities Lease, including for handling liquid hydrocarbon products, refined or unrefined petroleum products, or similar products (including crude oil, diluents, diesel) by rail, truck, pipeline or water-borne means, said operations may be commenced by Lessor, or its customers or tenants, only outside of the Leased Premises and only upon mutual consent between Xxxxxx and Lessor, which consent shall not be unreasonably withheld, delayed or conditioned. 9.3. Lessor shall pay for all labor and services performed for, materials used by or furnished to Lessor, or used by or furnished to any contractor employed by Lessor with respect to any construction of any Lessor Improvements and hold Lessee and the 2024 Tax-Exempt Facilities harmless and free from any liens, claims, encumbrances or judgments created by or under Lessor. If Lessor elects to post a payment or performance bond or is required to post an improvement bond with a public agency in connection with the above, Xxxxxx agrees to include Xxxxxx as an additional obligee thereunder. 9.4. Lessor is and shall remain for the Lease Term hereof the true and lawful owner of the 2024 Tax-Exempt Facilities, and has good right and full power to let and lease the 2024 Tax-Exempt Facilities. Xxxxxx agrees that, contingent upon Xxxxxx’s compliance with the terms of this Facilities Lease such that no Event of Default has occurred and is continuing, Lessee shall quietly and peaceably hold, possess and enjoy the 2024 Tax-Exempt Facilities for the full Lease Term of this Facilities...

Lessor Covenants. 5.3.1 Lessor shall comply with applicable federal, state and local laws in the exercise and performance of its rights and obligations under this Agreement. Lessor shall comply with any Lessor permit issued in connection with the FOI within the public rights-of-way or easements. Lessor shall obtain, as required, any and all necessary approvals for the design, construction, installation, operation and testing of Lessor ’s Infrastructure to be located within Lessor . 5.3.2 Lessor shall not do or permit anything to be done by anyone under its direct control or doing work on its behalf in, on or about the Leased Infrastructure or Lessee’s Infrastructure located within Lessor , which is prohibited by or will in any way conflict with any laws now in force or which may hereafter be enacted or promulgated. However, if any laws, rules, ordinances, resolutions or other regulations which are enacted or promulgated by a governmental entity or made necessary by a weather emergency after the Effective Date of this Agreement that materially (a) changes the economics of this Agreement, or (b) interferes with Lessee’s or Lessor’s rights provided hereunder, Lessor shall provide Lessee sixty (60) days’ notice of the required change and if the Lessee does not agree to comply, Lessor shall have the right to terminate this Agreement without penalty.

Lessor Covenants. The Lessor covenants and agrees as follows:

Lessor Covenants. Lessor represents that it is the owner of the Premises, or is otherwise authorized to enter into this Agreement if not the owner, and that this Agreement does not violate any agreement, lease or other agreement of Lessor. Lessor shall not take any action that would impair or interrupt the use of the Leased Premises. Lessor agrees to notify Lessee within a commercially reasonable time if (a) it has knowledge of third-parties impairing or misusing the Leased Premises or Charging Stations, or (b) it obtains knowledge of a needed repair to the Leased Premises or Charging Stations. If motorists who do not utilize the Charging Stations repeatedly park in the parking spaces in the Leased Premises, thereby impairing use of the Charging Stations, then the parties shall together determine and implement an appropriate and effective strategy for preventing such impairment, including, without limitation, alternative signage and painted asphalt. Lessor shall use commercially reasonable efforts to actively monitor the Leased Premises to ensure that use of the Charging Stations is not impaired.

Lessor Covenants. Lessor makes the following covenants to Lessee. a. Throughout the Term and any extensions thereof, Lessor and its officers, employees, contractors, agents, tenants, subtenants, servants, licensees and invitees shall not interfere or allow a third party to interfere with the solar patterns affecting the Permitted Improvements. b. Throughout the Term and any extensions thereof, Lessor shall not build or allow to be built any new structure within the fall zone of the Permitted Improvements. c. Throughout the Term and any extensions thereof, as provided in Section 11.1, Lessor shall protect Lessee’s rights of quiet enjoyment. x. Xxxxxx shall promptly inform Lessee of the occurrence of any event that materially and adversely affects the operation of the Solar Energy Facility or the performance of Lessor’s obligations under this Lease (including, but not limited to, any notices of default under any third party contract and the occurrence of any event that may result in the imposition of material liability or obligations on Lessee or Lessor under any Environmental Law). x. Xxxxxx shall provide Lessee such other information as Lessee may reasonably request in order to review Lessor’s compliance with the terms of this Lease.

Lessor Covenants. Subject to the terms and conditions herein expressed, Lessor makes the following covenants to Lessee. (a) Throughout the Term and any extensions thereof, except as expressly set forth in Article 7 and Section 8.2, Lessor and its officers, employees, contractors, agents, tenants, subtenants, servants, licensees and invitees shall not interfere or allow a third party to interfere with the Permitted Improvements. (b) Throughout the term and any extensions thereof, Lessor shall use reasonable efforts not to allow any plantings or buildings on or near the Property, nor allow any waste to accumulate on the Premises, which would affect the insolation reaching the Solar Energy Facility. If the Lessor determines that plantings or buildings on or near the Property are desirable, then the Parties will negotiate in good faith to minimize their affect on the insolation reaching the Solar Energy Facility. (c) Throughout the Term and any extensions thereof, as provided in Section 11.1, Lessor shall protect Lessee’s rights of quiet enjoyment. (d) Throughout the Term and any extensions thereof, Lessor shall perform all of its obligations under the Post-Closure Environmental Monitoring Plan and any other Applicable Legal Requirements and as further set forth in Exhibit C attached hereto. (e) Lessor shall promptly inform Lessee of the occurrence of any event that materially and adversely affects the operation of the Solar Energy Facility or the performance of Lessor’s obligations under this Lease (including, but not limited to, any notices of default under any third party contract and the occurrence of any event that may result in the imposition of material liability or obligations on Lessee or Lessor under any Environmental Law). (f) Lessor shall provide Lessee such other information as Lessee may reasonably request in order to review Lessor’s compliance with the terms of this Lease.

Lessor Covenants. Lessor covenants for the benefit of each other party hereto (unless each shall have otherwise waived in writing compliance herewith) during the term of this Agreement as follows: (a) It shall take all actions as are required to keep the representations and warranties made by it in Section 2.5 (except, in the case of clause (b) of Section 2.5, if the location of such office shall change, Lessor shall provide each other party hereto with not less than ten (10) days' prior written notice of such change), true and correct in all material respects (but without regard to the date when such representations and warranties were made or are expressed to be effective) until such time as all of the obligations secured hereby have been paid in full. (b) It shall obtain and maintain, or cause to be obtained or maintained, in full force and effect, any authorization, approval, license, or consent of any governmental or judicial authority including those which may be or become necessary in order for Lenders, the Collateral