Common use of Provisions Binding, Etc Clause in Contracts

Provisions Binding, Etc. Except as herein otherwise expressly provided, the terms hereof shall be binding upon and shall inure to the benefit of the heirs, legal representatives, successors and assigns, respectively, of Sublessor and Sublessee. Each term and each provision of this Sublease to be performed by Sublessee shall be construed to be both a covenant and a condition. The reference contained to the successors and assigns of Sublessee is not intended to constitute a consent to assignment by Sublessee, but has reference only to those instances in which Sublessor shall have given its consent to a particular assignment if such consent is required by the provisions of this Sublease. Each person executing this Sublease on behalf of Sublessor warrants that Sublessor is a duly existing and valid Delaware corporation qualified to do business in Massachusetts, that Sublessor has duly executed and delivered this Sublease, that the execution and delivery of, and the performance by Sublessor of its obligations under this Sublease are within the powers of Sublessor and have been duly authorized by all requisite corporate action, and that this Sublease is a valid and binding obligation of Sublessor in accordance with its terms. Each of the persons executing this instrument on behalf of Sublessee hereby covenant and warrant that Sublessee is a duly existing and valid Delaware corporation qualified to do business in California, that Sublessee has duly executed and delivered this Sublease, that the execution and delivery of, and the performance by Sublessee of its obligations under this Sublease are within the powers of Sublessee and have been duly authorized by all requisite corporate action, and that the Sublease is a valid and binding obligation of Sublessee in accordance with its terms.

Provisions Binding, Etc. Except as herein otherwise expressly provided, the terms hereof shall be binding upon and shall inure to the benefit of the heirs, legal representatives, successors and assigns, respectively, of Sublessor and Sublessee. Each term and each provision of this Sublease to be performed by Sublessee shall be construed to be both a covenant and a condition. The reference contained to the successors and assigns of Sublessee is not intended to constitute a consent to assignment by Sublessee, but has reference only to those instances in which Sublessor shall have given its consent to a particular assignment if such consent is required by the provisions of this Sublease. Each person executing this Sublease on behalf of Sublessor warrants that Sublessor is a duly existing and valid Delaware corporation qualified to do business in Massachusetts, that Sublessor has duly executed and delivered this Sublease, that the execution and delivery of, and the performance by Sublessor of its obligations under this Sublease are within the powers of Sublessor and have been duly authorized by all requisite corporate action, and that this Sublease is a valid and binding obligation of Sublessor in accordance with its terms. Each of the persons executing this instrument on behalf of the Sublessee hereby covenant and warrant that the Sublessee is a duly existing and valid Delaware corporation qualified to do business in CaliforniaMassachusetts, that Sublessee has duly executed and delivered this Sublease, that the execution and delivery of, and the performance by Sublessee of its obligations under this Sublease are within the powers of Sublessee and have been duly authorized by all requisite corporate action, and that the Sublease is a valid and binding obligation of Sublessee in accordance with its terms.

Provisions Binding, Etc. Except as herein otherwise expressly provided, the terms hereof shall be binding upon and shall inure to the benefit of the heirs, legal representatives, successors and assigns, respectively, of Sublessor and Sublessee. Each term and each provision of this Sublease to be performed by Sublessee shall be construed to be both a covenant and a condition. The reference contained to the successors and assigns of Sublessee is not intended to constitute a consent to assignment by Sublessee, but has reference only to those instances in which Sublessor shall have given its consent to a particular assignment if such consent is required by the provisions of this Sublease. Each person executing this Sublease on behalf of Sublessor warrants that Sublessor is a duly existing and valid Delaware corporation limited liability company qualified to do business in Massachusetts, that Sublessor has duly executed and delivered this Sublease, that the execution and delivery of, and the performance by Sublessor of its obligations under this Sublease are within the powers of Sublessor and have been duly authorized by all requisite corporate action, and that this Sublease is a valid and binding obligation of Sublessor in accordance with its terms. Each of the persons executing this instrument on behalf of the Sublessee (each acting in his or her capacity as an employee of Sublessee and not in his or her personal capacity) hereby covenant and warrant that the Sublessee is a duly existing and valid Delaware corporation qualified to do business in CaliforniaMassachusetts, that Sublessee has duly executed and delivered this Sublease, that the execution and delivery of, and the performance by Sublessee of its obligations under this Sublease are within the powers of Sublessee and have been duly authorized by all requisite corporate action, and that the Sublease is a valid and binding obligation of Sublessee in accordance with its terms.

Provisions Binding, Etc. Except as herein otherwise expressly provided, the terms hereof shall be binding upon and shall inure to the benefit of the heirs, legal representatives, successors and assigns, respectively, of Sublessor Sublandlord and SublesseeSubtenant. Each term and each provision of this Sublease to be performed by Sublessee Subtenant shall be construed to be both a covenant and a condition. The reference contained to the successors and assigns of Sublessee Subtenant is not intended to constitute a consent to assignment by SublesseeSubtenant, but has reference only to those instances in which Sublessor Sublandlord shall have given its consent to a particular assignment if such consent is required by the provisions of this Sublease. Each person executing this Sublease on behalf of Sublessor Sublandlord warrants that Sublessor Sublandlord is a duly existing and valid Delaware Massachusetts corporation qualified to do business in Massachusetts, that Sublessor Sublandlord has duly executed and delivered this Sublease, that the execution and delivery of, and the performance by Sublessor Sublandlord of its obligations under this Sublease are within the powers of Sublessor Sublandlord and have been duly authorized by all requisite corporate action, and that this Sublease is a valid and binding obligation of Sublessor Sublandlord in accordance with its terms. Each of the persons executing this instrument on behalf of Sublessee the Subtenant hereby covenant and warrant that Sublessee the Subtenant is a duly existing and valid Delaware corporation qualified to do business in CaliforniaMassachusetts, that Sublessee Subtenant has duly executed and delivered this Sublease, that the execution and delivery of, and the performance by Sublessee Subtenant of its obligations under this Sublease are within the powers of Sublessee Subtenant and have been duly authorized by all requisite corporate action, and that the Sublease is a valid and binding obligation of Sublessee Subtenant in accordance with its terms.

Provisions Binding, Etc. Except as herein otherwise expressly provided, the terms hereof shall be binding upon and shall inure to the benefit of the heirs, legal representatives, successors and assigns, respectively, of Sublessor and Sublessee. Each term and each provision of this Sublease to be performed by Sublessee shall be construed to be both a covenant and a condition. The reference contained to the successors and assigns of Sublessee is not intended to constitute a consent to assignment by Sublessee, but has reference only to those instances in which Sublessor shall have given its consent to a particular assignment if such consent is required by the provisions of this Sublease. Each person executing this Sublease on behalf of Sublessor warrants that Sublessor is a duly existing and valid Delaware corporation qualified to do business in Massachusetts, that Sublessor has duly executed and delivered this Sublease, that the execution and delivery of, and the performance by Sublessor of its obligations under this Sublease are within the powers of Sublessor and have been duly authorized by all requisite corporate action, and that this Sublease is a valid and binding obligation of Sublessor in accordance with its terms. Each of the persons executing this instrument on behalf of the Sublessee hereby covenant and warrant that the Sublessee is a duly existing and valid Delaware corporation limited liability company qualified to do business in CaliforniaMassachusetts, that Sublessee has duly executed and delivered this Sublease, that the execution and delivery of, and the performance by Sublessee of its obligations under this Sublease are within the powers of Sublessee and have been duly authorized by all requisite corporate action, and that the Sublease is a valid and binding obligation of Sublessee in accordance with its terms. This Sublease may be executed in one or more counterparts, each such counterpart shall be considered an original, and all of which together shall constitute a single agreement. The exchange of executed copies of this Sublease by electronic transmission shall constitute effective execution and delivery of this Sublease as to the parties for all purposes, and signatures of the parties transmitted electronically shall be deemed to be their original signatures for all purposes.

Provisions Binding, Etc. Except as herein otherwise expressly provided, the terms hereof shall be binding upon and shall inure to the benefit of the heirs, legal representatives, successors and assigns, respectively, of Sublessor the Authority and SublesseeTenant and the terms “Tenant” and “Authority” shall include their respective successors and assigns. Each term and each provision of this Sublease Lease to be performed by Sublessee Tenant shall be construed to be both a covenant and a condition. The reference contained to the successors and assigns of Sublessee Tenant is not intended to constitute a consent to assignment by SublesseeTenant, but has reference only to those instances in which Sublessor shall have given its the Authority may later give consent to a particular assignment if such consent is as required by the provisions of this SubleaseLease. Each person executing this Sublease on behalf of Sublessor Tenant represents and warrants to the Authority that Sublessor Tenant is a duly [TYPE OF ENTITY] validly existing under the laws of the state in which Tenant is incorporated and valid Delaware corporation qualified has full power and authority to do business in Massachusettsexecute, that Sublessor has duly executed deliver and delivered this Sublease, that the execution and delivery of, and the performance by Sublessor of perform its obligations under this Sublease are within Lease; that Tenant has taken all necessary action and has complied with all provisions of federal, state and local law, required to make this Lease the powers valid obligation of Sublessor Tenant which it purports to be; and, when executed and have been duly authorized delivered by all requisite corporate actionTenant and the other parties thereto, and that this Sublease is a Lease will constitute the valid and binding obligation agreement of Sublessor Tenant and be enforceable in accordance with its terms. Each Tenant will at all times during the Term of the persons executing this instrument on behalf of Sublessee hereby covenant Lease (i) maintain legal existence, and warrant that Sublessee is a duly existing and valid Delaware corporation (ii) be qualified to do business in Californiathe Commonwealth of Massachusetts. If Tenant be several Persons, that Sublessee has duly executed and delivered this Subleasenatural or corporate, that the execution and delivery of, and liability of such Persons for compliance with the performance by Sublessee obligations of its obligations Tenant under this Sublease are within Lease shall be joint and several. The person executing this Lease on behalf of Tenant certifies and represents that he/she has authority and power to bind Tenant to the powers of Sublessee obligations set forth herein and have been duly authorized by all requisite corporate action, and that the Sublease is a valid and binding obligation of Sublessee in accordance with to sign on its termsbehalf.

Provisions Binding, Etc. Except as herein otherwise expressly provided, the terms hereof shall be binding upon and shall inure to the benefit of the heirs, legal representatives, successors and assigns, respectively, of Sublessor and Sublessee. Each term and each provision of this Sublease to be performed by Sublessee and Sublessor shall be construed to be both a covenant and a condition. The reference contained to the successors and assigns of Sublessee is not intended to constitute a consent to assignment by Sublessee, but has reference only to those instances in which Sublessor shall have given its consent to a particular assignment if such consent is required by the provisions of this Sublease. Each person executing this Sublease on behalf of Sublessor warrants that Sublessor is a duly existing and valid Delaware corporation qualified to do business in Massachusetts, that Sublessor has duly executed and delivered this Sublease, that the execution and delivery of, and the performance by Sublessor of its obligations under this Sublease are within the powers of Sublessor and have been duly authorized by all requisite corporate action, and that this Sublease is a valid and binding obligation of Sublessor in accordance with its terms. Each of the persons executing this instrument on behalf of Sublessee hereby covenant and warrant warrants that Sublessee is a duly existing and valid Delaware corporation qualified to do business in CaliforniaMassachusetts, that Sublessee has duly executed and delivered this Sublease, that the execution and delivery of, and the performance by Sublessee of its obligations under this Sublease are within the powers of Sublessee and have been duly authorized by all requisite corporate action, and that the this Sublease is a valid and binding obligation of Sublessee in accordance with its terms.

Provisions Binding, Etc. Except as herein otherwise expressly provided, the terms hereof shall be binding upon and shall inure to the benefit of the heirs, legal representatives, successors and assigns, respectively, of Sublessor the Authority and SublesseeTenant and the terms “Tenant” and “Authority” shall include their respective successors and assigns. Each term and each provision of this Sublease Lease to be performed by Sublessee Tenant shall be construed to be both a covenant and a condition. The reference contained to the successors and assigns of Sublessee Tenant is not intended to constitute a consent to assignment by SublesseeXxxxxx, but has reference only to those instances in which Sublessor shall have given its the Authority may later give consent to a particular assignment if such consent is as required by the provisions of this SubleaseLease. Each person executing this Sublease on behalf of Sublessor Tenant represents and warrants to the Authority that Sublessor Tenant is a duly [TYPE OF ENTITY] validly existing under the laws of the state in which Tenant is incorporated and valid Delaware corporation qualified has full power and authority to do business in Massachusettsexecute, that Sublessor has duly executed deliver and delivered this Sublease, that the execution and delivery of, and the performance by Sublessor of perform its obligations under this Sublease are within Lease; that Tenant has taken all necessary action and has complied with all provisions of federal, state and local law, required to make this Lease the powers valid obligation of Sublessor Tenant which it purports to be; and, when executed and have been duly authorized delivered by all requisite corporate actionTenant and the other parties thereto, and that this Sublease is a Lease will constitute the valid and binding obligation agreement of Sublessor Tenant and be enforceable in accordance with its terms. Each Tenant will at all times during the Term of the persons executing this instrument on behalf of Sublessee hereby covenant Lease (i) maintain legal existence, and warrant that Sublessee is a duly existing and valid Delaware corporation (ii) be qualified to do business in Californiathe Commonwealth of Massachusetts. If Tenant be several Persons, that Sublessee has duly executed and delivered this Subleasenatural or corporate, that the execution and delivery of, and liability of such Persons for compliance with the performance by Sublessee obligations of its obligations Tenant under this Sublease are within Lease shall be joint and several. The person executing this Lease on behalf of Tenant certifies and represents that he/she has authority and power to bind Tenant to the powers of Sublessee obligations set forth herein and have been duly authorized by all requisite corporate action, and that the Sublease is a valid and binding obligation of Sublessee in accordance with to sign on its termsbehalf.

Provisions Binding, Etc. Except as herein otherwise expressly provided, the terms hereof shall be binding upon and shall inure to the benefit of the heirs, legal representatives, successors and assigns, respectively, of Sublessor and Sublessee. Each term and each provision of this Sublease to be performed by Sublessee either party shall be construed to be both a covenant and a condition. The reference contained to the successors and assigns of Sublessee is not intended to constitute a consent to assignment by Sublessee, but has reference only to those instances in which Sublessor shall have given its consent to a particular assignment if such consent is required by the provisions of this Sublease. Each person executing this Sublease on behalf of Sublessor warrants that Sublessor is a duly existing and valid Delaware corporation qualified to do business in Massachusetts, that Sublessor has duly executed and delivered this Sublease, that the execution and delivery of, and the performance by Sublessor of its obligations under this Sublease are within the powers of Sublessor and have been duly authorized by all requisite corporate action, and that this Sublease is a valid and binding obligation of Sublessor in accordance with its terms. Each of the persons executing this instrument on behalf of the Sublessee hereby covenant and warrant that the Sublessee is a duly existing and valid Delaware corporation qualified to do business in CaliforniaMassachusetts, that Sublessee has duly executed and delivered this Sublease, that the execution and delivery of, and the performance by Sublessee of its obligations under this Sublease are within the powers of Sublessee and have been duly authorized by all requisite corporate action, and that the Sublease is a valid and binding obligation of Sublessee in accordance with its terms.

Provisions Binding, Etc. Except as herein otherwise expressly provided, the terms hereof shall be binding upon and shall inure to the benefit of the heirs, legal representatives, successors and assigns, respectively, of Sublessor and Sublessee. Each term and each provision of this Sublease to be performed by Sublessee shall be construed to be both a covenant and a condition. The reference contained to the successors and assigns of Sublessee is not intended to constitute a consent to assignment by Sublessee, but has reference only to those instances in which Sublessor shall have given its consent to a particular assignment if such consent is required by the provisions of this Sublease. Each person executing this Sublease on behalf of Sublessor warrants that Sublessor is a duly existing and valid Delaware corporation qualified to do business in Massachusetts, that Sublessor has duly executed and delivered this Sublease, that the execution and delivery of, and the performance by Sublessor of its obligations under this Sublease are within the powers of Sublessor and have been duly authorized by all requisite corporate action, and that this Sublease is a valid and binding obligation of Sublessor in accordance with its terms. Each of the persons executing this instrument on behalf of the Sublessee hereby covenant and warrant that the Sublessee is a duly existing and valid Delaware corporation qualified to do business in CaliforniaMassachusetts, that Sublessee has duly executed and delivered this Sublease, that the execution and delivery of, and the performance by Sublessee of its obligations under this Sublease are within the powers of Sublessee and have been duly authorized by all requisite corporate action, and that the Sublease is a valid and binding obligation of Sublessee in accordance with its terms. For all purposes in this Sublease, the word “including” shall be construed to include the words “without limitation”. All exhibits to this Sublease are a part of this Sublease and are hereby incorporated herein by reference. This Sublease may be executed by electronic signatures, each of which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. Without limitation, in addition to electronically produced signatures, “electronic signature” shall include electronically scanned and transmitted versions (e.g., via PDF and/or DocuSign) of an original signature. This Sublease may be executed in multiple counterparts (which counterparts may be executed and delivered by PDF, DocuSign, or another file sent by email) which shall together constitute a single document. Any executed counterpart of this Sublease delivered by PDF, DocuSign or another file sent by email shall be equally effective as an original counterpart for all purposes. The submission of drafts of this document for examination and negotiation does not constitute an offer, or the acceptance of an offer, and, subject to Section 13.11 below, this Sublease shall not be binding upon the Sublessor or Sublessee unless and until the Sublessor shall have executed and delivered a fully executed copy of this Sublease to the Sublessee.