Warranty of Title Sample Clauses

Warranty of Title. The Pledgors warrant that the Partnership has good and marketable title to the Property, that the Partnership possesses an unencumbered and indefeasible fee estate in the Property and that the Partnership owns the Property free and clear of all liens, encumbrances and charges whatsoever except for those incurred pursuant to the Prudential Financing Documents and those approved by the Pledgee (which includes all matters existing of record as of the date hereof) (collectively, the "PERMITTED ENCUMBRANCES"). To the extent within Pledgors' control, the Pledgors will not permit the Partnership to further encumber the Property except as permitted by this Agreement. Notwithstanding the foregoing, the Pledgors may permit the Partnership to grant to the appropriate parties easements for utility purposes (including easements for utility rights of way) affecting the Property, in the ordinary course of business or development of the Property, provided that such easements have no material, adverse effect on the Property or any part thereof, the value thereof or the use thereof as a first-class regional shopping center, and the Pledgee agrees that such utility easements which meet all of the foregoing requirements shall be deemed Permitted Encumbrances hereunder. The Pledgors will forever warrant, defend and preserve such title to the Pledgee against the claims of all persons whomsoever. The Partnership has entered into that certain Easement and Option to Purchase Agreement (the "EASEMENT AGREEMENT") as of July 1, 1993 with Westland Properties, Inc., recorded in the Register's Office on July 7, 1993 in Deed Book 7617, Page 684, pursuant to which Easement Agreement the Partnership is granted an easement over certain adjacent property for ingress and egress purposes and parking of vehicles and other uses and activities approved by Westland Properties, Inc. The Easement Agreement also grants to the Partnership an option to purchase the property. To the extent within the Pledgors' control, the Pledgors covenant and agree that they will not permit the Partnership to exercise any option to purchase the property under the Easement Agreement or make use of the easement for any purpose other than ingress and egress and for the parking of vehicles without first obtaining the prior written consent of the Pledgee.

Warranty of Title. Grantor warrants that Grantor has good, marketable and insurable fee simple title to Land and the Improvements and has good title to the remainder of the Trust Property and has the full power, authority and right to execute, deliver and perform its obligations under this Deed of Trust and to encumber, mortgage, give, grant, bargain, sell, alienate, enfeoff, convey, confirm, warrant, pledge, assign and hypothecate the Trust Property and that Grantor possesses an unencumbered fee estate in the Land and the Improvements and that it owns the Trust Property free and clear of all liens, encumbrances and charges whatsoever except for (x) those exceptions to title which are existing on the date hereof and approved by Beneficiary and (y) those exceptions of title that are permitted under the other terms and conditions of this Deed of Trust (collectively, the "PERMITTED ENCUMBRANCES") and that this Deed of Trust is and will remain a valid and enforceable first lien on and security interest in the Trust Property, subject only to the Permitted Encumbrances. Grantor shall forever warrant, defend and preserve such title and the validity and priority of the lien of this Deed of Trust and shall forever warrant and defend the same to Beneficiary against the claims of all persons whomsoever.

Warranty of Title. (a) Lessee agrees that, except as otherwise provided herein and subject to the terms of Article XIII relating to permitted contests, Lessee shall not directly or indirectly create or allow to remain, and shall promptly discharge at its sole cost and expense, any Lien, defect, attachment, levy, title retention agreement or claim upon any Property or any Modifications or any Lien, attachment, levy or claim with respect to the Rent or with respect to any amounts held by the Agent pursuant to the Credit Agreement, other than Permitted Liens and Lessor Liens. Lessee shall promptly notify Lessor in the event it receives actual knowledge that a Lien other than a Permitted Lien or Lessor Lien has occurred with respect to a Property, and Lessee represents and warrants to, and covenants with, Lessor that the Liens in favor of the Lessor created by the Operative Agreements are first priority perfected Liens subject only to Permitted Liens. (b) Nothing contained in this Lease shall be construed as constituting the consent or request of Lessor, expressed or implied, to or for the performance by any contractor, mechanic, laborer, materialman, supplier or vendor of any labor or services or for the furnishing of any materials for any construction, alteration, addition, repair or demolition of or to any Property or any part thereof. NOTICE IS HEREBY GIVEN THAT LESSOR IS NOT AND SHALL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED OR TO BE FURNISHED TO LESSEE, OR TO ANYONE HOLDING A PROPERTY OR ANY PART THEREOF THROUGH OR UNDER LESSEE, AND THAT NO MECHANIC'S OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS SHALL ATTACH TO OR AFFECT THE INTEREST OF LESSOR IN AND TO ANY PROPERTY.

Warranty of Title. Borrower has good title to the Property and has the right to mortgage, grant, bargain, sell, pledge, assign, warrant, transfer and convey the same and that Borrower possesses an unencumbered fee simple absolute estate in the Land and the Improvements and that it owns the Property free and clear of all liens, encumbrances and charges whatsoever except for those exceptions shown in the title insurance policy insuring the lien of this Security Instrument (the "Permitted Exceptions"). Borrower shall forever warrant, defend and preserve the title and the validity and priority of the lien of this Security Instrument and shall forever warrant and defend the same to Lender against the claims of all persons whomsoever.

Warranty of Title. The Contractor must convey good title to any Deliverable(s) provided to Huron Valley Schools. All Deliverable(s) provided by the Contractor must be delivered free from any security interest, lien, or encumbrance of which Huron Valley Schools, at the time of contracting, has no knowledge. Deliverable(s) provided by the Contractor must be delivered free of any rightful claim of infringement by any third person.

Warranty of Title. Transferor hereby warrants to Transferee that Transferor is the legal owner of the aforesaid tangible personal property and the aforesaid intangible personal property (including but not limited to the property set forth in Schedule H-1 (Description of Tangible Personal Property and Fixtures) and Schedule H-2 (Description of Intangible Personal Property)), and that said property is being sold, assigned and transferred to Transferee free and clear of all liens and encumbrances.

Warranty of Title. By submitting an Application for Payment, the Design-Builder warrants to the Department that title to all Work for which payment is sought will pass to the Department, without liens, claims, or other encumbrances, upon the receipt of payment by the Design-Builder. The Department may require execution of appropriate documents to confirm passage of clear title. Passage of title shall not operate to pass the risk of loss with respect to the Work in question. Risk of loss remains with the Design-Builder until Substantial Completion, unless otherwise agreed by the Department, in writing.

Warranty of Title. Lessor does not warrant title to the leased premises, but it shall, upon request, allow Lessee access to such abstracts and other title papers as it has in its files. There shall be no obligation on ▇▇▇▇▇▇'s part to purchase new or supplemental or other title papers, nor to do any curative work in connection with title to the subject lands.

Warranty of Title. The Products and Services are free and clear from all liens, contracts, chattel mortgages or other encumbrances; that Provider has the lawful right to dispose of and sell the Products and Services and that Provider shall warrant and defend its title against all claims.