Title to Premises. The Borrower is seized of the Land and Improvements (and any fixtures) in fee, or is the owner of a leasehold interest in the Land and Improvements (and any fixtures) pursuant to a Ground Lease, and has marketable title to any appurtenant easements and has the right to convey the same, that title to such property is free and clear of all encumbrances except for the Permitted Encumbrances, and that it will warrant and defend the title to such property (except for the Permitted Encumbrances) against the claims of all Persons. As to the balance of the Premises, the Rents and Profits and the Intangible Personalty, the Borrower represents and warrants that it has marketable title to such property, that it has the right to convey such property and that it will warrant and defend such property against the claims of all persons or parties.
Title to Premises. Lessor covenants, represents and warrants that Lessor has full right and lawful authority to enter into this Lease for the term hereof, is lawfully seized of the Premises and has good and marketable title thereto, free and clear of all liens and encumbrances except those listed on Schedule A, Part II (the "Permitted Encumbrances").
Title to Premises. Title to EVBOM is held by Tempe exclusively.
Title to Premises. Seller shall convey, and Purchaser shall accept, title to and possession of the Premises on the Closing Date, free of all Title Exceptions other than the Permitted Exceptions (each as hereinafter defined).
Title to Premises. The Parties acknowledge that title to the Premises is held by District. Facility User shall made no structural modifications to the Premises or other District property or make any improvements to the Premises or other District property without prior written consent from the District.
Title to Premises. Landlord holds good and marketable fee or leasehold title, as applicable, to the Premises, subject to the Permitted Exceptions.
Title to Premises. Upon execution and delivery of this Lease, Landlord will have good, marketable and insurable title to the Premises, and will not be indebted to any contractor, laborer, mechanic, material man or any other person or entity for work, labor, materials or services in connection with the Premises for which any such person or entity could claim a lien against the Premises.
Title to Premises. The Grantor represents and warrants to the Lender that (i) it is the fee simple owner of that tract or parcel of land and other real property interests more particularly described in Exhibit A attached hereto and is the owner of the balance of the Premises and has the right to convey the same, (ii) that as of the date hereof title to the Premises is free and clear of all encumbrances except for the matters set forth in Exhibit B attached hereto and made a part hereof and such other matters as are expressly permitted by the Loan Agreement (collectively, the “Permitted Encumbrances”). The Grantor shall warrant and defend the title to the Premises except for the Permitted Encumbrances against the claims of all Persons.
Title to Premises. The Contractor, or its affiliate ("Premises Owner"), holds fee simple title to the Premises described in Exhibit "A" subject to the Existing Encumbrances (as hereinafter defined). Exhibit "A" and each of the other Exhibits referred to in this Agreement shall be incorporated into this Agreement by such reference as if fully set forth in this Agreement. At the Closing, upon the satisfaction of the contingencies set forth in Article VI and elsewhere in this Agreement, the Contractor shall convey or cause the Premises Owner to convey fee simple title to the Premises, reasonably satisfactory to the Owner and Owner's Lender ("Lender"), to the Owner subject to the Existing Encumbrances, the physical conditions with respect to utilities, rights of way, easements, landscaping and improvements which are disclosed by the survey of the Premises, a copy of which is attached hereto as Exhibit "B" ("Survey"), as such conditions may change during the course of construction as permitted or contemplated by this Agreement and the Final Plans (as defined herein). Owner acknowledges that it has reviewed, inspected and approved the location and general characteristics of the Premises.
Title to Premises. Notwithstanding anything herein contained, the Premises shall not be considered to be in compliance with the provisions of this Agreement with respect to title unless:
