Landlord’s Representations. Tenant acknowledges that neither Landlord nor any of its agents made any representations or warranties respecting the Property, the Building or the Leased Premises, upon which Tenant relied in entering into the Lease, which are not expressly set forth in this Lease. Tenant further acknowledges that neither Landlord nor any of its agents made any representations as to (i) whether the Leased Premises may be used for Tenant's intended use under existing Law, or (ii) the suitability of the Leased Premises for the conduct of Tenant's business, or (iii) the exact square footage of the Leased Premises, and that Tenant relies solely upon its own investigations with respect to such matters. Tenant expressly waives any and all claims for damage by reason of any statement, representation, warranty, promise or other agreement of Landlord or Landlord's agent(s), if any, not contained in this Lease or in any Exhibit attached hereto.
Landlord’s Representations. Landlord hereby represents and warrants to Tenant as follows:
Landlord’s Representations. Neither Landlord nor Landlord's agents or brokers have made any representations or promises with respect to the Premises, the Building, the Parking Facility, the Land, or any other portions of the Project except as herein expressly set forth and all reliance with respect to any representations or promises is based solely on those contained herein. No rights, easements, or licenses are acquired by Tenant under this Lease by implication or otherwise except as, and unless, expressly set forth in this Lease.
Landlord’s Representations. Notwithstanding anything to the contrary herein, as a material inducement to Tenant’s execution of this Lease, Landlord covenants and agrees with and warrants and represents to Tenant as follows: (a) Landlord is the true and lawful owner of the Property and is seized of an indefeasible estate in fee simple in and to the Property, subject to no easement, restriction, mortgage, encumbrance or other matter which would: (i) preclude Landlord’s grant of the Terra to Tenant, (ii) prevent or hinder the use by Tenant of the Leased Premises for the permitted uses provided in this Lease, or (iii) materially detract from the rights of Tenant under this Lease; (b) Landlord has not received notice of any claim, suit or other action or investigation with respect to the violation of any legal requirements by or against Landlord or the Property, or part thereof, including, without limitation, any applicable environmental and occupational safety and hygiene laws, and Landlord knows of no facts or circumstances which may give rise to any violation of any legal requirement or to any future civil, criminal or administrative proceeding relating to environmental or occupational safety and hygiene matters or any other matter which may adversely affect Tenant, the Leased Premises or Tenant’s rights or obligations hereunder; (c) the Leased Premises is and shall remain properly zoned for the permitted uses as provided in this Lease and the Leased Premises and the remainder of the Property is and shall remain properly zoned to permit the permitted uses as provided in this Lease. All necessary governmental and private consents, permits and approvals for the permitted uses of the Leased Premises as provided in this Lease have been obtained prior to the date hereof; (d) Landlord is a Michigan limited liability company, validly existing in good standing under the laws of Michigan and has the power to own its own property and assets, lease the Leased Premises to Tenant and carry on its business as required under this Lease in the state of Michigan; (e) the execution of this Lease constitutes the binding obligation of Landlord and has been authorized by valid resolution of Landlord’s members and managers and this Lease will not conflict with or result in a breach of Landlord’s Articles of Organization or Operating Agreement or any agreements to which Landlord is a party or by which it may be bound, or violate any applicable legal requirement, including, without limitation, any requirement...
Landlord’s Representations. At the time of lease signing, the Premises shall be properly zoned for the Tenant’s stated use as stated in Section XI and will be in compliance with all applicable state and federal laws and regulations. The Premises shall not have been used for the storage or disposal of any toxic or hazardous substances, and the Landlord has received no notice from any governmental authority concerning removal of any toxic or hazardous substances from the property.
Landlord’s Representations. Landlord represents and warrants to Tenant as of the Effective Date as follows:
Landlord’s Representations. Landlord represents and warrants that, to its actual knowledge based solely upon and except as disclosed in the Environmental Report for the Land dated September 9, 1993, and its control of the Land since September 9, 1993 (a) as of the date of execution of this Lease, there are no and, (b) prior to Tenant's occupancy, there will be no Hazardous Substances on, under or about the Land.
Landlord’s Representations. (A) Landlord represents that either:
Landlord’s Representations. In connection with Tenant’s lease of the Premises from Landlord pursuant to the terms hereof, Landlord represents, warrants, and certifies to Tenant that (a) Landlord is the fee owner of Retail Xxxx 0 xxx Xxxxxxx Xxxx X contained within the Gateway Block B Condominium Project as the same is identified in the Record of Survey Map recorded in Salt Lake County, Utah, on February 26, 2001, as Entry No. 7828970 and in the Declaration of Condominium, together with the undivided ownership interest in said Project’s Common Elements that arc appurtenant to said Unit as more particularly described in the Declaration; (b) no additional approvals of any third party are required under any of the Declarations in connection with the lease of the Premises to Tenant or in connection with Tenant’s completion of the Tenant Improvements (other than any and all building permits and approvals required under applicable Law); (c) Landlord is the “Declarant” under that certain Declaration and Establishment of Protective Covenants, Conditions and Restrictions and Grant of Easements, recorded 12/27/2000 as Entry No. 7787948 in Book 8410 at Page 8311, as amended (the “Master Declaration”), and that, while the proposed use of the Premises as described in Article 5 of this Lease is not expressly permitted by the terms of said Master Declaration, Landlord, both in its capacity as owner of the Building and as Declarant under the Master Declaration, hereby approves of Tenant’s proposed use of the Premises described in Article 5 of this Lease and acknowledges and agrees not to allege that Tenant is violating the terms of the Master Declaration solely as a result of Tenant’s proposed use of the Premises as described in Article 5 of this Lease; (d) the issuance of the parking passes and Tenant’s exclusive use of the Reserved Parking Area in accordance with the provisions of Article 28 will not conflict with any of the Declarations or the rights of any third party in and to the same; (e) to the best of Landlord’s knowledge, there exists no breach, default, event or condition which, with the giving of notice or the passage of time or both, would constitute a breach or default by any party to or under the Declarations; (f) the Declarations have not been amended, altered, supplemented or otherwise modified as of the effective date of this Lease, except to the extent expressly set forth on attached Exhibit G; and (g) there are no outstanding assessments or other amounts due by Landlord under any ...
Landlord’s Representations. Landlord represents that, to the best of its actual knowledge, without inquiry, and except as disclosed below or set forth on Exhibit "N", there are not now nor have there been any Hazardous Materials (as defined below) used, generated, stored, treated or disposed of on the Property in violation of applicable governmental regulations. Landlord's representations to Tenant under this Section shall survive the cancellation or termination of this Lease.
