Landlord’s actual knowledge definition

Landlord’s actual knowledge or similar phrase shall mean and refer to the actual current knowledge, as of the Effective Date, of Xxxxx Xxxxxxxx, Digital Realty Trust, L.P., Asset Manager for the Building, Xxxx Xxxx, Vice President of Digital Realty Trust, L.P., and Xxxxx X. Xxxxx, Senior Vice President of Digital Realty Trust, L.P. (the foregoing three (3) individuals, being employees of Digital Realty Trust, L.P., who would have direct and specific knowledge regarding the Building, but who shall not have the duty of additional investigation in connection with this Lease).

Landlord’s actual knowledge herein means the actual knowledge of the Property Manager for the management company for the Property. Notwithstanding anything contained herein to the contrary, Landlord shall provide an allowance (“Allowance”) to be used towards the performance of certain tenant improvement work by Tenant in the Additional Premises, as further set forth in Exhibit B attached hereto.

Landlord’s actual knowledge means the current, actual knowledge, without inquiry or imputation, of Landlord's employee, Xxxxxx Xxxxxxx as such knowledge exists on the Lease Commencement Date.

Examples of Landlord’s actual knowledge in a sentence

• Except as described in Article 16, Landlord has not received any notice from any governmental agency or authority alleging that any portion of the Property is currently in violation of any law, ordinance, rule, regulation or requirement applicable to its use and operation and to Landlord’s Actual Knowledge, the Property is currently in compliance with all Governmental Requirements applicable to the use and operation of the Property.

• Xxxxxxxx has not received written notice from any applicable governmental authority of any, and to Landlord’s Actual Knowledge there is no, pending or threatened condemnation action with respect to the Property.

• Except as described in Article 16, to Landlord’s Actual Knowledge there is no litigation, arbitration or other legal or administrative suit, action, proceeding or investigation of any kind pending or threatened in writing against or involving Landlord relating to the Property or any part thereof, including, but not limited to, any condemnation action relating to the Property or any part thereof.

• To Landlord’s Actual Knowledge, neither the execution of this Lease nor the performance of the obligations herein will conflict with, or breach any of the provisions of any law, bond, note, evidence of indebtedness, contract, lease, covenants, conditions and restrictions, or other agreement or instrument to which Landlord or the Property may be bound.

More Definitions of Landlord’s actual knowledge

Landlord’s actual knowledge means the present, actual knowledge of Xxxxxx Xxxxx, without any duty of inquiry or investigation.

Landlord’s actual knowledge herein means the actual knowledge of the Property Manager for the management company for the Property.

Landlord’s actual knowledge means the current, actual, personal knowledge of Xxxxxxx X. Xxxxxxxx, Landlord’s asset manager, without investigation and without imputation of any other person’s knowledge. The fact that reference is made to the personal knowledge of named individuals shall not render such individuals personally liable for any breach of any of the foregoing representations and warranties.

Landlord’s actual knowledge means and refer only to the best of the current, actual knowledge of the officers of Landlord having direct, operational responsibility for the Project, with the express limitations and qualifications that the knowledge of any contractor or consultant shall not be imputed to Landlord, and none of such officers has made any special investigation or inquiry, and none of such officers has any duty or obligation of diligent investigation or inquiry, or any other duty or obligation, to acquire or to attempt to acquire information beyond or in addition to the current, actual knowledge of such persons. Landlord shall indemnify and hold Tenant harmless from any liability resulting from Landlord’s intentional and knowing violation of this representation and warranty. Landlord shall have access to, and a right to perform inspections and tests of, the Premises to determine Tenant’s compliance with Environmental Requirements, its obligations under this Paragraph 30, or the environmental condition of the Premises. Access shall be granted to Landlord upon Landlord’s prior notice to Tenant and at such times so as to minimize, so far as may be reasonable under the circumstances, any disturbance to Tenant’s operations. Such inspections and tests shall be conducted at Landlord’s expense, unless such inspections or tests reveal that Tenant has not complied with any Environmental Requirement, in which case Tenant shall reimburse Landlord for the reasonable cost of such inspection and tests. Landlord’s receipt of or satisfaction with any environmental assessment in no way waives any rights that Landlord holds against Tenant.

Landlord’s actual knowledge means the actual knowledge without inquiry or investigation of Xxxxxxx Xxxxx, the asset manager having responsibility for the management of the Complex.

Landlord’s actual knowledge means and be limited to, the actual current knowledge of Colin Angeles, without any duty to investigate and provided that in no event shall such individual have any personal liability hereunder. Except to the extent that Tenant or any Tenant Parties cause, contribute to, disturb, exacerbate or disperse such Hazardous Materials, Landlord agrees to indemnify, defend, protect and hold harmless Tenant and its directors, officers, shareholders, employees and agents from all losses and all other claims, actions, losses, damages, costs and expenses of every kind, including reasonable attorneys’, experts’ and consultants’ fees and costs, incurred by such parties at any time and arising from or in connection with (a) the existence of Hazardous Materials in violation of Environmental Laws at or about the Premises, Building or Property at any time prior to the date Tenant first enters or occupies the Premises; or (b) the handling, release, threatened release, transport, storage, use or disposal, at any time, by Landlord, of Hazardous Materials at or about the Premises, Building or Property in violation of Environmental Laws; provided, however, in no event shall Landlord be liable for loss of business, punitive, consequential, special, incidental or indirect damages.

Landlord’s actual knowledge means the actual knowledge of Landlord=s building manager.