Common use of Representations of Tenant Clause in Contracts

Representations of Tenant. Tenant represents and warrants to Landlord that (a) Tenant has not heretofore assigned or sublet all or any portion of its interest in the Lease; (b) no other person, firm or entity has any right, title or interest in the Lease; (c) Tenant has the full right, legal power and actual authority to enter into this Agreement and to terminate the Lease without the consent of any person, firm or entity; and (d) Tenant has the full right, legal power and actual authority to bind Tenant to the terms and conditions hereof. Tenant further represents and warrants to Landlord that as of the date hereof there are no, and as of the applicable Termination Date (i.e., the 8th Floor Termination Date or the 9th/10th Floor Termination Date (as the case may be)) there shall not be any, mechanic's liens or other liens encumbering all or any portion of the particular Premises (i.e., the 8th Floor Premises or the 9th/10th Floor Premises (as the case may be)), by virtue of any act or omission on the part of Tenant, its predecessors, contractors, agents, employees, successors or assigns. Notwithstanding the termination of the Lease and the release of liability provided for herein, the representations and warranties set forth in this Section 7 shall survive the 8th Floor Termination Date and the 9th/10th Floor Termination Date and Tenant shall be liable to Landlord for any inaccuracy or any breach thereof.

Representations of Tenant. Tenant represents and warrants to Landlord that (a) Tenant has not heretofore assigned or sublet all or any portion of its interest in the Lease900 Premises; (b) no other person, firm or entity has any right, title or interest in the Lease900 Premises through Tenant; (c) Tenant has the full right, legal power and actual authority to enter into this Agreement Third Amendment and to terminate the Lease with respect to the 900 Premises without the consent of any person, firm or entity; and (d) Tenant has the full right, legal power and actual authority to bind Tenant to the terms and conditions hereof. Tenant further represents and warrants to Landlord that as of the date hereof there are no, and as of the applicable 900 Termination Date (i.e., the 8th Floor Termination Date or the 9th/10th Floor Termination Date (as the case may be)) there shall not be any, mechanic's liens or other liens encumbering all or any portion of the particular Premises (i.e., the 8th Floor Premises or the 9th/10th Floor Premises (as the case may be))900 Premises, by virtue of any act or omission on the part of Tenant, its predecessors, contractors, agents, employees, successors or assigns. Notwithstanding the termination of the Lease with respect to the 900 Premises and the release of liability provided for herein, the representations and -2- HCP LS REDWOOD CITY, LLC[Third Amendment to Lease(Partial Lease Termination)][Adverum Biotechnologies, Inc.] warranties set forth in this Section 7 5 shall survive the 8th Floor Termination Date and the 9th/10th Floor 900 Termination Date and Tenant shall be liable to Landlord for any inaccuracy or any breach thereof.

Representations of Tenant. Tenant represents and warrants to Landlord that (a) Tenant has not heretofore assigned assigned, transferred or conveyed its interest in the Lease or sublet all or any portion of its interest in the LeasePremises; (b) no other person, firm or entity has any right, title or interest in the Lease; (c) as of the Termination Date, no other person, firm or entity shall have any right, title or interest in the Lease or the Premises; (d) Tenant has the full right, legal power and actual authority to enter into this Agreement and to terminate the Lease under the terms and conditions hereof without the joinder or consent of any person, firm or entityentity (including, without limitation, any bankruptcy court); and (de) Tenant has Xxxxxx's signatories hereunder have the full right, legal power and actual authority to bind Tenant to the terms and conditions hereof. Tenant further represents and warrants to Landlord that as of the date hereof there are no, and as of the applicable Termination Date (i.e., the 8th Floor Termination Date or the 9th/10th Floor Termination Date (as the case may be)) there shall not be any, mechanic's liens or other liens encumbering all or any portion of the particular Premises (i.e., the 8th Floor Premises or the 9th/10th Floor Premises (as the case may be))Premises, by virtue of any act or omission on the part of Tenant, its predecessors, contractors, agents, employees, successors or assigns. Notwithstanding the termination of the Lease and the release of liability provided for herein, the representations and warranties set forth in this Section 7 5 shall survive the 8th Floor Termination Date and the 9th/10th Floor Termination Date and Tenant shall be liable to Landlord for any inaccuracy or any breach thereof.

Representations of Tenant. Tenant represents and warrants to Landlord that that, with respect to the Initial Termination Space, (a) Tenant has not heretofore sublet the Initial Termination Space, nor assigned or sublet all or any portion of its interest in the Lease, as amended by this Fourth Amendment; (b) excluding Tenant’s Affiliates, as that term is defined in the Office Lease, no other person, firm or entity has any right, title or interest in the Lease, as amended by this Fourth Amendment; (c) Tenant has the full right, legal power and actual authority to enter into this Agreement Fourth Amendment and to terminate the Lease Lease, as amended by this Fourth Amendment, with respect to the Initial Termination Space without the consent of any person, firm or entity; and (d) the individuals executing this Fourth Amendment on behalf of Tenant has have the full right, legal power and actual authority to bind Tenant to the terms and conditions hereof. Tenant further represents and warrants to Landlord that as of the date hereof hereof, there are no, and as of the applicable Termination Date (i.e., the 8th Floor Termination Date or the 9th/10th Floor Termination Date (as the case may be)) there shall not be any, no mechanic's ’s liens or other liens encumbering all or any portion of the particular Premises (i.e., the 8th Floor Premises or the 9th/10th Floor Premises (as the case may be)), Initial Termination Space by virtue of any act or omission on the part of Tenant, its predecessors, contractors, agents, employees, successors successors, assigns or assignssubtenants. Notwithstanding Tenant covenants that Tenant shall not create any mechanics liens or other liens to encumber the termination Initial Termination Space, and, in the event of any such liens, Tenant shall, at Tenant’s sole cost and expense, remove such liens prior to the Lease and the release of liability provided for herein, the Initial Termination Date. The representations and warranties set forth in this Section 7 9 shall survive the 8th Floor termination of Tenant’s lease of the Initial Termination Date and the 9th/10th Floor Termination Date Space and Tenant shall be liable to Landlord for any inaccuracy or any breach thereof.

Representations of Tenant. Tenant represents and warrants to Landlord that (a) Tenant has not heretofore assigned or sublet all or any portion of its interest in the LeaseLease or in the 6290 Premises; (b) no other person, firm or entity has any right, title or interest in the LeaseLease or in the 6290 Premises through Tenant; (c) Tenant has the full right, legal power and actual authority to enter into this Agreement Second Amendment and to terminate the Lease with respect to the 6290 Premises without the consent of any person, firm or entity; and (d) Tenant has the full right, legal power and actual authority to bind Tenant to the terms and conditions hereof. Tenant further represents and warrants to Landlord that as of the date hereof there are no, and as of the applicable Termination Date (i.e.6350 Substitute Premises Commencement Date, the 8th Floor Termination Date or the 9th/10th Floor Termination Date (as the case may be)) there shall not be anybe, any mechanic's ’s liens or other liens encumbering all or any portion of the particular Premises (i.e., the 8th Floor Premises or the 9th/10th Floor Premises (as the case may be))6290 Premises, by virtue of any act or omission on the part of Tenant, its predecessors, contractors, agents, employees, successors or assignsassigns for which Tenant has not made adequate provisions for payment and provided Landlord reasonable evidence thereof. Notwithstanding the termination of the Lease and with respect to the release of liability provided for herein6290 Premises, the representations and warranties set forth in this Section 7 3.3 shall survive the 8th Floor Termination Date and the 9th/10th Floor Termination 6350 Substitute Premises Commencement Date and Tenant shall be liable to Landlord for any inaccuracy or any breach thereof.. 712812.03/WLA 214064-00120/9-26-13/gjn/gjn -4- 0000 XXXXXXXX XXXXX, XXX XXXXX [Second Amendment/Substitute Premises Amendment] [Entropic Communications, Inc.]

Representations of Tenant. Tenant represents and warrants to Landlord Landlord, as of the Effective Date and as of the Early Termination Date, that (a) Tenant has not heretofore assigned or sublet all or any portion of its interest in the Premises under the Lease; (b) no other person, firm or entity has any right, title or interest in the Premises under the Lease; (c) Tenant has the full right, legal power and actual authority to enter into this Agreement and to terminate the Lease without the consent of any person, firm or entity; and (d) the individual(s) executing this Agreement on behalf of Tenant has the full right, legal power and actual authority to bind Tenant to the terms and conditions hereof. Tenant further represents and warrants to Landlord that , (e) as of the date hereof there are noEffective Date, Tenant is not insolvent, (f) neither the payment of the Termination Fee nor the performance of any other obligation of Tenant under this Agreement shall cause Tenant to become insolvent, and (g) as of the applicable Early Termination Date (i.e.Date, the 8th Floor Termination Date or the 9th/10th Floor Termination Date (as the case may be)) there shall not will be any, no mechanic's liens on account of work performed at the Premises or in the Building by Tenant or on Tenant's behalf or other liens encumbering all or any portion of the particular Premises (i.e., the 8th Floor Premises or the 9th/10th Floor Premises (as the case may be))Premises, by virtue of any act or omission on the part of Tenant, its predecessors, contractors, agents, employees, successors or assigns. Notwithstanding the termination of the Lease and the release of liability provided for herein, the representations and warranties set forth in this Section 7 shall survive the 8th Floor Early Termination Date and Tenant and the 9th/10th Floor Termination Date and individuals executing this Agreement on behalf of Tenant shall be liable to Landlord for any inaccuracy or any breach thereof.

Representations of Tenant. As of the Effective Date, Tenant represents and warrants to Landlord that (a) Tenant has not heretofore assigned or sublet all or any portion of its interest in the LeaseLease or in the Original Premises; (b) no other person, firm or entity has any right, title or interest in the LeaseLease or in the Original Premises through Tenant; (c) Tenant has the full right, legal power and actual authority to enter into this Agreement First Amendment and to terminate Tenant’s lease with respect to the Lease Original Premises without the consent of any person, firm or entity; and (d) Tenant has the full right, legal power and actual authority to bind Tenant to the terms and conditions hereofof the Lease as amended by this First Amendment. Tenant further represents and warrants to Landlord that as of the date hereof Effective Date there are no, and as of the applicable Termination Substitute Premises Commencement Date (i.e., the 8th Floor Termination Date or the 9th/10th Floor Termination Date (as the case may be)) there shall not be any, mechanic's ’s liens or other liens encumbering all or any portion of the particular Premises (i.e., the 8th Floor Premises or the 9th/10th Floor Premises (as the case may be))Original Premises, by virtue of any act or omission on the part of Tenant, its predecessors, contractors, agents, employees, successors or assignsassigns that was not otherwise approved by Landlord. Notwithstanding the termination of the Lease and with respect to the release Original Premises in accordance with Section 2 of liability provided for hereinthis First Amendment, the representations and warranties set forth in this Section 7 3.3 shall survive the 8th Floor Termination Date and the 9th/10th Floor Termination Substitute Premises Commencement Date and Tenant shall be liable to Landlord for any inaccuracy or any breach thereof.

Representations of Tenant. Tenant represents and warrants to Landlord Terremark that (a) Tenant has not heretofore assigned or sublet all or any portion of its interest in the Lease; (b) no other person, firm or entity has any right, title or interest in the Lease; (c) Tenant has the full right, legal power and actual authority to enter into this Agreement and to terminate the Lease without the consent of any person, firm or entity; and (d) Tenant has the full right, legal power and actual authority to bind Tenant to the terms and conditions hereof. Tenant further represents and warrants to Landlord Terremark that as of the date hereof hereof: (i) there are no, and as of the applicable Termination Date (i.e., the 8th Floor Termination Date or the 9th/10th Floor Termination Date (as the case may be)) there shall not be any, mechanic's ’s liens or other liens encumbering all or any portion of the particular Premises (i.e., the 8th Floor Premises or the 9th/10th Floor Premises (as the case may be))Premises, by virtue of any act or omission on the part of Tenant, its predecessorspredecessor in interest, contractors, agents, employees, successors or assigns, and (ii) during the Term of the Lease, including any Early Possession Period, there has been no use, manufacture, disposal, transportation or release of any Hazardous Substance in, on or under the Premises by Tenant, its agents, employees and inviteesin violation of Applicable Requirements or the Lease. The reference to “Hazardous Substances” in clause (ii) of the preceding sentence shall in no event be construed to include archaeological artifacts and substances, including without limitation, human remains. Notwithstanding the termination of the Lease and the release of liability provided for herein, the representations and warranties set forth in this Section 7 shall survive the 8th Floor Termination Date and the 9th/10th Floor Termination Date and Tenant shall be liable to Landlord Terremark for any inaccuracy or any breach thereof.

Representations of Tenant. Tenant represents and warrants to Landlord that that: (a) Tenant has not heretofore assigned or sublet all or any portion of its interest in the Lease; (b) as of the Phase 1 Termination Date and to Tenant’s knowledge, no other person, firm or entity has any right, title or interest in the LeasePhase 1 Premises and as of the Phase 2 Termination Date, no person, firm or entity will have any right, title or interest in the Phase 2 Premises; (c) Tenant has the full right, legal power and actual authority to enter into this Agreement and to terminate the Lease without the consent of any person, firm or entity; and (d) Tenant has the full right, legal power and actual authority to bind Tenant to the terms and conditions hereof. Tenant further represents and warrants to Landlord that as of the date hereof there are no, and as of the applicable Phase 1 Termination Date (i.e., the 8th Floor Termination Date or the 9th/10th Floor Termination Date (as the case may be)) there shall not be any, mechanic's liens or other liens encumbering all or any portion of the particular Phase 1 Premises (i.e.by virtue of any act or omission on the part of Tenant, its predecessors, contractors, agents, employees, successors or assigns. In addition, Tenant further represents and warrants to Landlord that as of the 8th Floor Phase 2 Termination Date there shall not be any, mechanic's liens or other liens encumbering all or any portion of the Phase 2 Premises or the 9th/10th Floor Premises (as the case may be)), by virtue of any act or omission on the part of Tenant, its predecessors, contractors, agents, employees, successors or assigns. Notwithstanding the termination of the Lease and the release of liability provided for herein, the representations and warranties set forth in this Section 7 shall survive the 8th Floor Termination Date and the 9th/10th Floor Termination Date Dates and Tenant shall be liable to Landlord for remove or otherwise resolve any inaccuracy or any breach thereof.such liens in accordance with the terms of the Lease. EXHIBIT 10.1