Representations and Warranties by Landlord. Landlord represents and warrants to Tenant that as of the Effective Date, to the knowledge of Landlord, (i) there are no Hazardous Substances present on the Premises, other than those used by Landlord at the Premises in the Ordinary Course of Business and in material compliance with all Environmental Laws; (ii) there has not occurred, nor is there presently occurring, a Release or threatened Release of any Hazardous Substance on, into or beneath the surface of Land, the Premises or any surrounding areas; (iii) the Premises are in compliance with all Environmental Laws; (iv) there are no Environmental Liens on or relating to the Premises; (v) there are no investigations or actions or claims, whether threatened or pending, by any governmental agency or third party pertaining to the Release of Hazardous Substances in, on, under, from or migrating towards the Premises; and (vi) there are not now nor have there ever been any underground or above ground storage tanks located on or above the Land during the time of Landlord’s ownership of the same.
Representations and Warranties by Landlord. As a material inducement to Tenant entering into this Amendment, Landlord represents and warrants to Tenant that, as of the date of this Amendment:
Representations and Warranties by Landlord. Landlord warrants that (1) Landlord has good and indefeasible title to the Leased Premises and has full and legal right to enter into this Lease and to grant to Tenant the leasehold estate in and to the Leased Premises, (2) as of the Commencement Date, the Leased Premises shall be in compliance with the ADA, and (3) to the best of Landlord's knowledge the Leased Premises do not contain any substance deemed hazardous under federal, state, or local environmental statutes, ordinances, rules, regulations, or orders ("Hazardous Materials"). For the purposes of this Lease, the term "Hazardous Materials" shall not include negligible quantities of materials or substances as may typically be found in commercial construction or cleaning products used and disposed of in accordance with applicable laws. Landlord's duties and warranties are limited to those expressly stated in this Lease, including its exhibits, and shall not include any implied duties or implied warranties, now or in the future. No representations or warranties have been made by Landlord other than those expressly contained in this Lease.
Representations and Warranties by Landlord. Landlord hereby represents and warrants to Tenant, as follows:
Representations and Warranties by Landlord. The representations and warranties of Landlord in this Section 5.2 are a material inducement for Tenant to enter into this Lease. Landlord represents and warrants to Tenant as follows:
Representations and Warranties by Landlord. Landlord represents and warrants to Lessee as of the Effective Date as follows:
Representations and Warranties by Landlord. Landlord warrants that Landlord is the sole owner of the land and improvements comprising the Building and that Landlord has full right to enter into this Lease. Landlord’s duties and warranties are limited to those expressly stated in this Lease and shall not include any implied duties or implied warranties, now or in the future. No representations or warranties have been made by Landlord other than those expressly contained in this Lease. Landlord expressly disclaims any warranty of suitability that may otherwise have arisen by operation of law. Landlord does not warrant that there are no latent defects in the facilities that are vital to the Tenant’s use of the Leased Premises for their intended commercial purpose and that these essential facilities will remain in a suitable condition. Subject to Landlord’s obligations under this Lease, Tenant expressly agrees to the property “as is”, whether suitable or not, and expressly waives the implied warranty of suitability.
Representations and Warranties by Landlord. As a material inducement to Tenant to enter into this Second Amendment to Lease, Landlord represents and warrants to Tenant that, as of the date of this Second Amendment to Lease:
Representations and Warranties by Landlord. As a material inducement to Tenant to enter into this Third Amendment to Lease, Landlord represents and warrants to Tenant that, as of the date of this Third Amendment to Lease:
Representations and Warranties by Landlord. Landlord warrants that Landlord is the sole owner of the land and improvements that comprise the office building and that Landlord has full right to enter into this lease. Landlord's duties and warranties are limited to those expressly stated in this lease and shall not include any implied duties or implied warranties, now or in the future. No representations or warranties have been made by Landlord other than those expressly contained in this lease. Synergy North Landlord /s/ LS Tenant Name Tenant /s/ JT Filename: Exhibit 6.5 Form 10-SB (Austin Lease) v2.DOC Guarantor
