Common use of OFAC List Clause in Contracts

OFAC List. Tenant represents, warrants and certifies that it is not listed, nor is it owned or controlled by, or acting for or on behalf of any person or entity, on the list of Specially Designated Nationals and Blocked Persons maintained by the Office of Foreign Assets Control of the United States Department of the Treasury, or any other list of persons or entities with whom Landlord is restricted from doing business under the rules and regulations of the Office of Foreign Asset Control (“OFAC List”). Notwithstanding anything to the contrary herein contained, Tenant shall not permit the Premises or any portion thereof to be Table of Contents used, occupied or operated by or for the benefit of any person or entity that is on the OFAC List. Tenant hereby agrees to defend, indemnify and hold harmless Landlord from and against any and all claims, damages, losses, risks, liabilities and expenses (including attorneys’ fees and costs) arising from or related to any breach of the foregoing warranty, representation, and certification. Tenant shall provide documentary and other evidence of Tenant’s identity and ownership as may be reasonably requested by Landlord at any time to enable Landlord to verify Tenant’s identity or to comply with any legal requirement or applicable laws. Tenant acknowledges and agrees that as a condition to the requirement or effectiveness of any consent to any Transfer by Landlord pursuant to Section 12.1, Tenant shall cause the Transferee, for the benefit of Landlord, to reaffirm, on behalf of such Transferee, the representations of, and to otherwise comply with the obligations set forth in, this Section 7.8, and it shall be reasonable for Landlord to refuse to consent to a Transfer in the absence of such reaffirmation and compliance. Tenant agrees that breach of the representations and warranties set forth in this Section 7.8 shall at Landlord’s election be a default under this Lease for which there shall be no cure. This Section 7.8 shall survive the termination or earlier expiration of the Lease.

OFAC List. Tenant represents, represents and warrants and certifies that it is not listed, nor to Tenant’s knowledge, is it owned or controlled by, or acting for or on behalf of any person or entity, on the list of Specially Designated Nationals and Blocked Persons maintained by the Office of Foreign Assets Control of the United States Department of the Treasury, or any other list of persons or entities with whom Landlord is restricted from doing business under the rules and regulations of the Office of Foreign Asset Control with (“OFAC List”). Notwithstanding anything to the contrary herein contained, Tenant shall not permit the Premises or any portion thereof to be Table of Contents used, occupied or operated by or for the benefit of any person or entity that is on the OFAC List. Tenant hereby agrees to defend, indemnify and hold harmless Landlord from and against any and all claims, damages, losses, risks, liabilities and expenses (including attorneys’ fees and costs) arising from or related to any breach of the foregoing warranty, representation, and certification. Tenant shall provide documentary and other evidence of Tenant’s identity and ownership as may be reasonably requested by Landlord at any time to enable Landlord to verify Tenant’s identity or to comply with any legal requirement or applicable laws. Tenant acknowledges and agrees that as a condition to the requirement or effectiveness of any consent to any Transfer by Landlord pursuant to Section 12.1, Tenant shall cause the Transferee, for the benefit of Landlord, to reaffirm, on behalf of such Transferee, the representations of, and to otherwise comply with the obligations set forth in, this Section 7.819.20, and it shall be reasonable for Landlord to refuse to consent to a Transfer in the absence of such reaffirmation and compliance. Tenant agrees that breach of the representations and warranties set forth in this Section 7.8 19.20 shall at Landlord’s election be a default under this Lease for which there shall be no cure. This Section 7.8 19.20 shall survive the termination or earlier expiration of the Lease.

OFAC List. Tenant represents, Lessee represents and warrants and certifies that it is not listed, nor is it owned or controlled by, or acting for or on behalf of any person or entity, on the list of Specially Designated Nationals and Blocked Persons maintained by the Office of Foreign Assets Control of the United States Department of the Treasury, or any other list of persons or entities with whom Landlord Lessor is restricted from doing business under the rules and regulations of the Office of Foreign Asset Control with (“OFAC List”). Notwithstanding anything to the contrary herein contained, Tenant Lessee shall not permit the Demised Premises or any portion thereof to be Table of Contents used, occupied or operated by or for the benefit of any person or entity that is on the OFAC List. Tenant hereby agrees to defend, indemnify and hold harmless Landlord from and against any and all claims, damages, losses, risks, liabilities and expenses (including attorneys’ fees and costs) arising from or related to any breach of the foregoing warranty, representation, and certification. Tenant Lessee shall provide documentary and other evidence of TenantLessee’s identity and ownership as may be reasonably requested by Landlord Lessor at any time to enable Landlord Lessor to verify TenantLessee’s identity or to comply with any legal requirement or applicable laws. Tenant Lessee acknowledges and agrees that as a condition to the requirement or effectiveness of any consent to any Transfer by Landlord Lessor pursuant to Section 12.1Article 13, Tenant Lessee shall cause the Transferee, for the benefit of LandlordLessor, to reaffirm, on behalf of such Transferee, the representations of, and to otherwise comply with the obligations set forth in, this Section 7.820.19, and it shall be reasonable for Landlord Lessor to refuse to consent to a Transfer in the absence of such reaffirmation and compliance. Tenant Lessee agrees that breach of the representations and warranties set forth in this Section 7.8 20.19 shall at LandlordLessor’s election be a default under this Lease for which there shall be no cure. This Section 7.8 20.19 shall survive the termination or earlier expiration of the Lease.

OFAC List. Tenant represents, represents and warrants and certifies that it is not listed, nor is it owned or controlled by, or acting for or on behalf of any person or entity, on the list of Specially Designated Nationals and Blocked Persons maintained by the Office of Foreign Assets Control of the United States Department of the Treasury, or any other list of persons or entities with whom Landlord is restricted from doing business under the rules and regulations of the Office of Foreign Asset Control with (“OFAC List”). Notwithstanding anything to the contrary herein contained, Tenant shall not permit the Premises or any portion thereof to be Table of Contents used, occupied or operated by or for the benefit of any person or entity that is on the OFAC List. Tenant hereby agrees to defend, indemnify and hold harmless Landlord from and against any and all claims, damages, losses, risks, liabilities and expenses (including attorneys’ fees and costs) arising from or related to any breach of the foregoing warranty, representation, and certification. Tenant shall provide documentary and other evidence of Tenant’s identity and ownership as may be reasonably requested by Landlord at any time to enable Landlord to verify Tenant’s identity or to comply with any legal requirement or applicable laws. Tenant acknowledges and agrees that as a condition to the requirement or effectiveness of any consent to any Transfer by Landlord pursuant to Section 12.1, Tenant shall cause the Transferee, for the benefit of Landlord, to reaffirmaffirm, on behalf of such Transferee, the representations of, and to otherwise comply with the obligations set forth in, this Section 7.816.20, and it shall be reasonable for Landlord to refuse to consent to a Transfer in the absence of such reaffirmation and compliance. Tenant agrees that breach of the representations and warranties set forth in this Section 7.8 16.20 shall at Landlord’s election be a default under this Lease for which there shall be no cure. This Section 7.8 16.20 shall survive the termination or earlier expiration of the Lease.

OFAC List. Tenant represents, represents and warrants and certifies that it is not listed, nor is it owned or controlled by, or acting for or on behalf of any person or entity, on the list of Specially Specialty Designated Nationals and Blocked Persons maintained by the Office of Foreign Assets Control of the United States Department of the Treasury, or any other list of persons or entities with whom Landlord is restricted from doing business under the rules and regulations of the Office of Foreign Asset Control with (“OFAC List”). Notwithstanding anything to the contrary herein contained, Tenant shall not permit the Premises or any portion thereof to be Table of Contents used, occupied or operated by or for the benefit of any person or entity that is on the OFAC List. Tenant hereby agrees to defend, indemnify and hold harmless Landlord from and against any and all claims, damages, losses, risks, liabilities and expenses (including attorneys’ fees and costs) arising from or related to any breach of the foregoing warranty, representation, and certification. List Tenant shall provide documentary and other evidence of Tenant’s identity and ownership as may be reasonably requested by Landlord at any time to enable Landlord to verify Tenant’s identity or in order to comply with any legal requirement or applicable laws. Tenant acknowledges and agrees that as a condition to the requirement or effectiveness of any consent to any Transfer by Landlord pursuant to Section 12.118, Tenant shall cause the Transferee, for the benefit of Landlord, to reaffirm, on behalf of such Transferee, the representations of, and to otherwise comply with the obligations set forth in, this Section 7.841, and it shall be reasonable for Landlord to refuse to consent to approve a Transfer in the absence of such reaffirmation and compliance. Tenant agrees that breach of the representations and warranties set forth in this Section 7.8 41 shall at Landlord’s election be a default under this Lease for which there shall be no cure. This Section 7.8 41 shall survive the termination or earlier expiration of the Lease.

OFAC List. Tenant represents, represents and warrants and certifies that it is not listed, nor is it owned or controlled by, or acting for or on behalf of any person or entity, on the list of Specially Designated Nationals and Blocked Persons maintained by the Office of Foreign Assets Control of the United States Department of the Treasury, or any other list of persons or entities with whom Landlord is restricted from doing business under the rules and regulations of the Office of Foreign Asset Control with (“OFAC List”). Notwithstanding anything to the contrary herein contained, Tenant shall not permit the Premises or any portion thereof to be Table of Contents used, occupied or operated by or for the benefit of any person or entity that is on the OFAC List. Tenant hereby agrees to defend, indemnify and hold harmless Landlord from and against any and all claims, damages, losses, risks, liabilities and expenses (including attorneys’ fees and costs) arising from or related to any breach of the foregoing warranty, representation, and certification. Tenant shall provide documentary and other evidence of Tenant’s identity and ownership as may be reasonably requested by Landlord at any time to enable Landlord to verify Tenant’s 's identity or to comply with any legal requirement or applicable laws. Tenant acknowledges and agrees that as a condition to the requirement or effectiveness of any consent by Landlord to any Transfer by Landlord assignment, subletting or other transaction pursuant to Section 12.1Article 12 of this Lease, Tenant shall cause the Transfereeassignee, sublessee or other transferee, as applicable, for the benefit of Landlord, to reaffirm, on behalf of such Transfereeparty, the representations of, and to otherwise comply with the obligations set forth in, this Section 7.816.19, and it shall be reasonable for Landlord to refuse to consent to a Transfer an assignment, subletting or other transaction in the absence of such reaffirmation and compliance. Tenant agrees that breach of the representations and warranties set forth in this Section 7.8 16.19 shall at Landlord’s election be a default under this Lease for which there shall be no cure. This Section 7.8 16.19 shall survive the termination or earlier expiration of the Lease.”

OFAC List. Tenant represents, represents and warrants and certifies that it is not listed, nor is it owned or controlled by, or acting for or on behalf of any person or entity, on the list of Specially Designated Nationals and Blocked Persons maintained by the Office of Foreign Assets Control of the United States Department of the Treasury, or any other list of persons or entities with whom Landlord is restricted from doing business under the rules and regulations of the Office of Foreign Asset Control with (“OFAC List”). Notwithstanding anything to the contrary herein contained, Tenant shall not permit the Premises or any portion thereof to be Table of Contents used, occupied or operated by or for the benefit of any person or entity that is on the OFAC List. Tenant hereby agrees to defend, indemnify and hold harmless Landlord from and against any and all claims, damages, losses, risks, liabilities and expenses (including attorneys’ fees and costs) arising from or related to any breach of the foregoing warranty, representation, and certification. Tenant shall provide documentary and other evidence of Tenant’s identity and ownership as may be reasonably requested by Landlord at any time to enable Landlord to verify Tenant’s identity or to comply with any legal requirement or applicable laws. Tenant acknowledges and agrees that as a condition to the requirement or effectiveness of any consent to any Transfer by Landlord pursuant to Section 12.1, Tenant shall cause the Transferee, for the benefit of Landlord, to reaffirm, on behalf of such Transferee, the representations of, and to otherwise comply with the obligations set forth in, this Section 7.819.20, and it shall be reasonable for Landlord to refuse to consent to a Transfer in the absence of such reaffirmation and compliance. Tenant agrees that breach of the representations and warranties set forth in this Section 7.8 19.20 shall at Landlord’s election be a default under this Lease for which there shall be no cure. This Section 7.8 19.20 shall survive the termination or earlier expiration of the Lease.

OFAC List. Tenant represents, represents and warrants and certifies that it is not listed, nor is it owned or controlled by, or acting for or on behalf of any person or entity, on the list of Specially Designated Nationals and Blocked Persons maintained by the Office of Foreign Assets Control of the United States Department of the Treasury, or any other list of persons or entities with whom Landlord is restricted from doing business under the rules and regulations of the Office of Foreign Asset Control with (“OFAC List”). Notwithstanding anything to the contrary herein contained, Tenant shall not permit the Premises or any portion thereof to be Table of Contents used, occupied or operated by or for the benefit of any person or entity that is on the OFAC List. Tenant hereby agrees to defend, indemnify and hold harmless Landlord from and against any and all claims, damages, losses, risks, liabilities and expenses (including attorneys’ fees and costs) arising from or related to any breach of the foregoing warranty, representation, and certification. Tenant shall provide documentary and other evidence of Tenant’s identity and ownership as may be reasonably requested by Landlord at any time to enable Landlord to verify Tenant’s identity or to comply with any legal requirement or applicable laws. Tenant acknowledges and agrees that as a condition to the requirement or effectiveness of any consent to any Transfer by Landlord pursuant to Section 12.1, Tenant shall cause the Transferee, for the benefit of Landlord, to reaffirm, on behalf of such Transferee, the representations of, and to otherwise comply with the obligations set forth in, this Section 7.816.20, and it shall be reasonable for Landlord to refuse to consent to a Transfer in the absence of such reaffirmation and compliance. Tenant agrees that breach of the representations and warranties set forth in this Section 7.8 16.20 shall at Landlord’s election be a default under this Lease for which there shall be no cure. This Section 7.8 16.20 shall survive the termination or earlier expiration of the Lease.

OFAC List. Tenant represents, represents and warrants and certifies that it is not listed, nor is it owned or controlled by, or acting for or on behalf of any person or entity, on the list of Specially Designated Nationals and Blocked Persons maintained by the Office of Foreign Assets Control of the United States Department of the Treasury, or any other list of persons or entities with whom Landlord is restricted from doing business under the rules and regulations of the Office of Foreign Asset Control with (“"OFAC List”"). Notwithstanding anything to the contrary herein contained, Tenant shall not permit the Premises or any portion thereof to be Table of Contents used, occupied or operated by or for the benefit of any person or entity that is on the OFAC List. Tenant hereby agrees to defend, indemnify and hold harmless Landlord from and against any and all claims, damages, losses, risks, liabilities and expenses (including attorneys’ fees and costs) arising from or related to any breach of the foregoing warranty, representation, and certification. Tenant shall provide documentary and other evidence of Tenant’s 's identity and ownership as may be reasonably requested by Landlord at any time to enable Landlord to verify Tenant’s 's identity or to comply with any legal requirement or applicable laws. Tenant acknowledges and agrees that as a condition to the requirement or effectiveness of any consent to any Transfer by Landlord pursuant to Section 12.1, Tenant shall cause the Transferee, for the benefit of Landlord, to reaffirm, on behalf of such Transferee, the representations of, and to otherwise comply with the obligations set forth in, this Section 7.816.20, and it shall be reasonable for Landlord to refuse to consent to a Transfer in the absence of such reaffirmation and compliance. Tenant agrees that breach of the representations and warranties set forth in this Section 7.8 16.20 shall at Landlord’s 's election be a material default under this Lease for which there shall be no cure. This Section 7.8 16.20 shall survive the termination or earlier expiration of the Lease.

OFAC List. Tenant represents, represents and warrants and certifies that it is not listed, nor is it owned or controlled by, or acting for or on behalf of any person or entity, on the list of Specially Designated Nationals and Blocked Persons maintained by the Office of Foreign Assets Control of the United States Department of the Treasury, or any other list of persons or entities with whom Landlord is restricted from doing business under the rules and regulations of the Office of Foreign Asset Control with (“OFAC List”); provided that so long as Tenant’s shares of stock are publicly traded, Tenant makes no representation or warranty with respect to the ownership of any such shares of stock. Notwithstanding anything to the contrary herein contained, Tenant shall not permit the Premises or any portion thereof to be Table of Contents used, occupied or operated by or for the benefit of any person or entity that is on the OFAC List. Tenant hereby agrees to defend, indemnify and hold harmless Landlord from and against any and all claims, damages, losses, risks, liabilities and expenses (including attorneys’ fees and costs) arising from or related to any breach of the foregoing warranty, representation, and certification. Tenant shall provide documentary and other evidence of Tenant’s identity and ownership as may be reasonably requested by Landlord at any time to enable Landlord to verify Tenant’s identity or to comply with any legal requirement or applicable laws. Tenant acknowledges and agrees that as a condition to the requirement or effectiveness of any consent to any Transfer by Landlord pursuant to Section 12.1, Tenant shall cause the Transferee, for the benefit of Landlord, to reaffirm, on behalf of such Transferee, the representations of, and to otherwise comply with the obligations set forth in, this Section 7.819.20, and it shall be reasonable for Landlord to refuse to consent to a Transfer in the absence of such reaffirmation and compliance. Tenant agrees that breach of the representations and warranties set forth in this Section 7.8 19.20 shall at Landlord’s election be a default under this Lease for which there shall be no cure. This Section 7.8 19.20 shall survive the termination or earlier expiration of the Lease.

OFAC List. Tenant represents, represents and warrants and certifies that it is not listed, nor is it owned or controlled by, or acting for or on behalf of any person or entity, on the list of Specially Designated Nationals and Blocked Persons maintained by the Office of Foreign Assets Control of the United States Department of the Treasury, or any other list of persons or entities with whom Landlord is restricted from doing business under the rules and regulations of the Office of Foreign Asset Control with (“"OFAC List”"). Notwithstanding anything to the contrary herein contained, Tenant shall not permit the Premises or any portion thereof to be Table of Contents used, occupied or operated by or for the benefit of any person or entity that is on the OFAC List. Tenant hereby agrees to defend, indemnify and hold harmless Landlord from and against any and all claims, damages, losses, risks, liabilities and expenses (including attorneys’ fees and costs) arising from or related to any breach of the foregoing warranty, representation, and certification. Tenant shall provide documentary and other evidence of Tenant’s Xxxxxx's identity and ownership as may be reasonably requested by Landlord at any time to enable Landlord to verify Tenant’s 's identity or to comply with any legal requirement or applicable laws. Tenant acknowledges and agrees that as a condition to the requirement or effectiveness of any consent to any Transfer by Landlord pursuant to Section 12.1, Tenant shall cause the Transferee, for the benefit of Landlord, to reaffirm, on behalf of such Transferee, the representations of, and to otherwise comply with the obligations set forth in, this Section 7.816.21, and it shall be reasonable for Landlord to refuse to consent to a Transfer in the absence of such reaffirmation and compliance. Tenant agrees that breach of the representations and warranties set forth in this Section 7.8 16.21 shall at Landlord’s 's election be a default under this Lease for which there shall be no cure. Landlord represents and warrants that it is not listed, nor is it owned or controlled by, or acting for or on behalf of any person or entity, on the OF AC List. This Section 7.8 16.21 shall survive the termination or earlier expiration of the Lease.. 39

OFAC List. Tenant represents, represents and warrants and certifies that it is not listed, nor is it owned or controlled by, or acting for or on behalf of any person or entity, on the list of Specially Designated Nationals and Blocked Persons maintained by the Office of Foreign Assets Control of the United States Department of the Treasury, or any other list of persons or entities with whom Landlord is restricted from doing business under the rules and regulations of the Office of Foreign Asset Control with (“OFAC List”). Notwithstanding anything to the contrary herein contained, Tenant shall not permit the Premises or any portion thereof to be Table of Contents used, occupied or operated by or for the benefit of any person or entity that is on the OFAC List. Tenant hereby agrees to defend, indemnify and hold harmless Landlord from and against any and all claims, damages, losses, risks, liabilities and expenses (including attorneys’ fees and costs) arising from or related to any breach of the foregoing warranty, representation, and certification. Tenant shall provide documentary and other evidence of Tenant’s identity and ownership as may be reasonably requested by Landlord at any time to enable Landlord to verify Tenant’s identity or to comply with any legal requirement or applicable laws. Tenant acknowledges and agrees that as a condition to the requirement or effectiveness of any consent to any Transfer by Landlord pursuant to Section 12.16.3, Tenant shall cause the Transferee, for the benefit of Landlord, to reaffirm, on behalf of such Transferee, the representations of, and to otherwise comply with the obligations set forth in, this Section 7.8Section, and it shall be reasonable for Landlord to refuse to consent to a Transfer in the absence of such reaffirmation and compliance. Tenant agrees that breach of the representations and warranties set forth in this Section 7.8 shall at Landlord’s election be a default under this Lease for which there shall be no cureLease. This Section 7.8 shall survive the termination or earlier expiration of the Lease.

OFAC List. Tenant represents, represents and warrants and certifies that it is not listed, nor is it owned or controlled by, or acting for or on behalf of any person or entity, on the list of Specially Designated Nationals and Blocked Persons maintained by the Office of Foreign Assets Control of the United States Department of the Treasury, or any other list of persons or entities with whom Landlord is restricted from doing business under the rules and regulations of the Office of Foreign Asset Control with (“OFAC List”). Notwithstanding anything to the contrary herein contained, Tenant shall not permit pennit the Premises or any portion thereof to be Table of Contents used, occupied or operated by or for the benefit of any person or entity that is on the OFAC List. Tenant hereby agrees to defend, indemnify and hold harmless Landlord from and against any and all claims, damages, losses, risks, liabilities and expenses (including attorneys’ fees and costs) arising from or related to any breach of the foregoing warranty, representation, and certification. Tenant shall provide documentary and other evidence of Tenant’s identity and ownership as may be reasonably requested by Landlord at any time to enable Landlord to verify Tenant’s identity or in order to comply with any legal requirement or applicable lawsLaws. Tenant acknowledges and agrees that as a condition to the requirement or effectiveness of any consent to any Transfer by Landlord pursuant to Section 12.117, Tenant shall cause the Transferee, for the benefit of Landlord, to reaffirm, on behalf of such Transferee, the representations of, and to otherwise comply with the obligations set forth in, this Section 7.841, and it shall be reasonable for Landlord to refuse to consent to approve a Transfer in the absence of such reaffirmation and compliance. Tenant agrees that breach of the representations and warranties set forth in this Section 7.8 41 shall at Landlord’s election be a default under an immediate Event of Default, without any notice and cure period. The provisions of this Lease for which there shall be no cure. This Section 7.8 41 shall survive the termination expiration or earlier expiration termination of the this Lease.