Landlord’s Representations, Warranties and Covenants. Landlord hereby represents, warrants and covenants to Tenant as of the Effective Date (a) that Landlord has not received any written notice of a pending or threatened suits affecting the Property; (b) the execution and performance of this Lease by Landlord does not violate any contract, agreement or instrument to which Landlord is a party; (c) the execution, delivery and performance by Landlord under this Lease have been duly authorized by all necessary limited liability company action by Landlord and do not violate any provision of any current law applicable to Landlord or the Property or any order, judgment or decree of any court or other agency presently binding on Landlord. Landlord represents and warrants that, as of the Effective Date; (i) Landlord has received no written notice that there are any Hazardous Substances (defined below) affecting the Leased Premises, or any outstanding written notice requiring a cleanup at the Property and affecting the Leased Premises; and (ii) Landlord has not received any written notice of any violations by any Governmental Authorities with respect to the Leased Premises alleging a violation of applicable Legal Requirements. Landlord shall indemnify, defend and hold harmless Tenant from and against any and all Losses to the extent resulting from any cleanup obligation imposed on Tenant, except to the extent resulting from any Hazardous Substances brought to the Property by, stored, handled, used, transported, treated, disposed of, or discharged by Tenant or any of Tenant’s employees, agents, representatives, contractors, subcontractors, suppliers, guests, licensees and/or invitees (“Tenant Entities”); however, the foregoing is not a grant of permission for Tenant or any Tenant Entities to bring any Hazardous Substances onto or to store, handle, use, transport, treat, dispose of or discharge any Hazardous Substances in, on, at or under the Property, and such event automatically shall be deemed an Event of Default. The provisions of this Section 23 shall survive the expiration or earlier termination of this Lease. The term “Hazardous Substance” as used in this Lease shall mean any hazardous or toxic material, substance, or waste, pollutant or contaminant, or infectious or radioactive material, which is regulated now or in the future under any Legal Requirement, including but not limited to any material, substance, or waste, which is: (i) defined as a solid waste, hazardous substance, toxic substance or hazardous waste ...
Landlord’s Representations, Warranties and Covenants. Landlord represents and warrants that:
Landlord’s Representations, Warranties and Covenants. (a) Landlord hereby represents and warrants to Tenant as follows: (i) Landlord is a corporation duly organized and validly existing under the laws of Malaysia and has full power and authority to own and let the Premises; (ii) Landlord has full corporate power and authority to execute and deliver this Tenancy Agreement; (iii) the execution, delivery and performance by Landlord of this Tenancy Agreement have been duly authorized by all corporate actions on the part of Landlord that are necessary to authorize the execution, delivery and performance by Landlord of this Tenancy Agreement; and (iv) this Tenancy Agreement has been duly executed and delivered by Landlord and, assuming due and valid authorization, execution and delivery hereof by Tenant, is a valid and binding obligation of Landlord, enforceable against Landlord in accordance with its terms except as limited by applicable bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance and other similar laws of general application affecting enforcement of creditors’ rights generally.
Landlord’s Representations, Warranties and Covenants. To induce Tenant to enter into this Lease, Landlord represents, warrants and covenants to Tenant as follows:
Landlord’s Representations, Warranties and Covenants. To induce Tenant to enter into this Restated Lease and to lease the Premises, and to pay the Rent hereunder, Landlord hereby makes the following representations, warranties and covenants with respect to the Premises as of the date hereof, upon each of which, together with the representation contained in Section 9.3, Landlord acknowledges and agrees that Tenant is entitled to rely and has relied:
Landlord’s Representations, Warranties and Covenants. Landlord represents and warrants to, and where applicable covenants with, Tenant as follows: (a) Exhibit "B" attached hereto is a complete and accurate representation of the building, parking areas, access roads, entrances and exits, service drives, loading docks, passageways and other common areas and facilities, and improvements thereon, whether now completed, under construction or planned for the Premises; (b) the parking lot depicted on Exhibit "B" shall remain free of all structures and obstructions, except as shown on Exhibit "B"; (c) Landlord owns fee simple title to the Premises, free and clear of all liens, encumbrances, restrictions, or reservations which could interfere with the conduct of Tenant's business, and Landlord has full power and authority to enter into this Lease; (d) the Premises may be used for commercial purposes without violating any zoning ordinances or regulations; and (e) Premises complies and shall continue to comply with all laws, rules and regulations during the initial term of this Lease and any Renewal Term; provided, however, if a change in the laws, rules, and regulations unique to Tenant's use of the Premises necessitates such change, Tenant shall reimburse Landlord for any costs and expenses which Landlord may incur to bring the Premises into compliance.
Landlord’s Representations, Warranties and Covenants. Landlord represents, warrants and covenants to Tenant to its actual knowledge as follows, each of which is material and being relied upon by Tenant:
Landlord’s Representations, Warranties and Covenants. Landlord represents and warrants to Tenant that (i) Landlord holds fee simple title to the Leased Premises, Building and Land, free and clear of any encumbrance that may interfere with the use of the same by the Tenant for the uses contemplated under this Lease; and (ii) Landlord has full authority and capacity to enter into this Lease and all necessary corporate and partnership actions and consents necessary for Landlord to enter into this Lease have been taken or obtained. Landlord covenants to Tenant that upon completion of the Landlord's Work, the Leased Premises, Building and Land will be in material compliance with all applicable zoning and land use laws.
Landlord’s Representations, Warranties and Covenants. As an inducement for Hanover to enter in the Sublease, Landlord hereby makes the following representations, warranties and covenants to Tenant and Hanover:
Landlord’s Representations, Warranties and Covenants. Landlord hereby represents and covenants that on or before commencement of construction Landlord shall acquire and own fee simple title to Land. Landlord hereby represents and covenants that as of the Commencement Date and the Full Rent Commencement Date of this Lease, to the best of its knowledge, there are and will be no Hazardous Materials located on the Improvements constructed by Landlord on the Premises and that such Improvements constructed by Landlord on the Premises are and will be in compliance with all environmental laws (“Full Rent Commencement Date Environmentally Clean Condition”). Landlord makes no representation, warranty or covenant regarding the environmental condition of the Land. Landlord will, prior to the commencement of construction of the Improvements, provide Tenant with a copy of any and all environmental reports, including any Phase I or II reports, it has in its possession regarding the environmental condition of the Land.
