Landlord Representation. As of the Effective Date, Landlord represents that there is no mortgage or deed of trust encumbering the Property.
Landlord Representation. To the best of Landlord's knowledge as of the date this Lease is executed by Landlord: (i) the Premises are not contaminated by any Hazardous Materials; and (ii) the Premises are not in violation of any Environmental Regulations.
Landlord Representation. Landlord represents and warrants to Tenant that Landlord has legal power, right and authority to enter into this Lease. Furthermore, Landlord represents and warrants that all requisite action has been taken by Landlord in connection with entering into this Lease. Landlord shall indemnify and hold Tenant harmless for any losses, causes of actions or damages sustained by Tenant as a result of Landlord’s breach of the foregoing representations.
Landlord Representation. SECTION 7. SUBLETTING AND ASSIGNING 7.01 Transfer of Premises 7.02 Transfer Defined 7.03 Subordination/Estoppel Certificates SECTION 8. DEFAULT 8.01 Default 8.02 Consequences of Default 8.03 Self-Help 8.04 No Implied Waivers 8.05 Waiver of Jury Trial 8.06 Landlord Default; Tenant Remedies
Landlord Representation. Landlord hereby represents and warrants to Tenant that the Leased Premises are free from all liens, encumbrances, claims, impediments to title, encroachments, development restrictions (other than zoning and gaming laws), restrictive covenants, special taxing districts or the like. Landlord hereby further represents and warrants to Tenant that the Leased Premises are free from any other matter which may impair or restrict Tenant’s business operations or the expansion of, or the construction of additions to, the Improvements and that the Leased Premises are situated within a zoning and gaming district which is compatible with the use designations set out in Section 7, above.
Landlord Representation. Landlord warrants, represents and agrees that (i) Landlord has obtained all consents of third partis (including without limitation any lenders and ground lessors) which are necessary for the execution and performance of this Third Addendum by Lxxxxxxx and (ii) no party other than Landlord has an ownership interest in the Premises or a lessor’s interest in the Lease. Landlord shall defend, indemnify and hold harmless Tenant from and against any and all losses, claims, demands, damages, liabilities, costs and expenses (including without limitation reasonable attorneys’ fees and disbursements and court costs) arising from or in connection with a breach of or inaccuracy in any of the representations, warranties and agreements set forth in this Section 19.
Landlord Representation. Landlord represents that at the time it executes this Agreement, no Hazardous Materials exist or have been released on, in or under the Property in violation of Applicable Law.
Landlord Representation. Landlord represents that as of the date of this Amendment, to Landlord’s actual knowledge without duty of investigation, Original Tenant is not currently in default beyond the expiration of any applicable notice or cure period under the Lease.
Landlord Representation. To Landlord's actual knowledge as of the date of the execution of this Lease, and without independent investigation and inquiry, (a) no Landlord's Hazardous Substances (defined below) have been handled in or about the Project by Landlord or any current or former tenant of Landlord, except in compliance with all applicable laws and (b) Landlord has not received any written notice of the presence of Hazardous Substances at the Premises or Building in violation of applicable laws. The term "Landlord Hazardous Substances" shall mean Hazardous Substances which are present in, on, under or about the Building or Premises as of the date of this Lease which are released or brought in, on, under or about the Building or Premises by Landlord or any agent or tenant or former tenant of Landlord. Landlord's Hazardous Substances shall specifically not include any Hazardous Substances released, disturbed, transported, stored, generated or used by Tenant or Tenant's Agents. In the event of a breach of this Section during the Term, then Landlord's sole obligation and responsibility to Tenant shall be (a) the commencement, within ninety (90) days after Landlord receives notice of such breach or discovery and verifies the accuracy of such claim, of a removal, encapsulation or other containment program reasonably elected by Landlord which is required by and complies with applicable laws, and (b) the diligent prosecution of such program to completion, at no cost to Tenant, in such a manner as will make the Premises or Building, as the case may be, in compliance with applicable laws.
Landlord Representation. Landlord represents and warrants to the best of its knowledge that the Premises does not contain any asbestos or polychlorinated biphenyls or other "hazardous substance" (as that term is defined in the Comprehensive Environmental Response, Compensation, and Liability Act, and the rules and regulations promulgated pursuant thereto, as from time to time amended), any other hazardous waste, contaminant, oil, radioactive or other materials, the removal of which is required or the maintenance of which is prohibited, penalized or regulated by any local, state or federal agency, authority or government unit. Landlord shall and hereby does indemnify and hold Tenant harmless from and against any and all losses, damages, expenses, fees, claims, costs and liabilities, including but not limited to, attorneys' fees and costs of litigation, arising out of a breach of this provision by Landlord.
