Common use of Construction Agent Certification Clause in Contracts

Construction Agent Certification. (i) all amounts owing to third parties for the Construction have been paid in full (other than contingent obligations for which the Construction Agent has made adequate reserves), and no litigation or proceedings are pending, or, to the best of the Construction Agent's knowledge, are threatened, against the Leased Property, the Construction Agent or the Lessee which could reasonably be expected to have a Material Adverse Effect; (ii) all material consents, licenses and permits and other governmental authorizations or approvals required for such Construction and operation of the Leased Property have been obtained and are in full force and effect; (iii) the Leased Property has available all services of public facilities and other utilities necessary for the use and operation of the Leased Property for its intended purposes including, without limitation, adequate water, gas and electrical supply, storm and sanitary sewerage facilities, telephone, other required public utilities and means of access between the Building and public highways for pedestrians and motor vehicles; (iv) all material agreements, easements and other rights, public or private, which are necessary to permit the lawful use and operation of the Leased Property as the Lessee intends to use the Leased Property under the Lease and which are necessary to permit the lawful intended use and operation of all then intended utilities, driveways, roads and other means of egress and ingress to and from the same have been obtained and are in full force and effect and neither the Construction Agent nor the Lessee has any knowledge of any pending modification or cancellation of any of the same, and the use of the Leased Property does not depend on any variance, special exception or other municipal approval, permit or consent that has not been obtained and is in full force and effect for its continuing legal use; (v) all of the requirements and conditions set forth in Section 3.5(b) hereof have been completed and fulfilled with -------------- respect to the Leased Property and the Construction; and (vi) to the best of the Construction Agent's knowledge, the Leased Property is in compliance in all material respects with all applicable zoning laws and regulations.

Construction Agent Certification. The Construction Agent shall have furnished the Lessor, the Agent and the Lender with a certification of the Construction Agent (substantially in the form of Exhibit F) that: (i) all amounts owing to third parties for the related Construction have been paid in full (other than contingent obligations for which the Construction Agent has made adequate reserves), and no litigation or proceedings are pending, or, or to the best of the Construction Agent's knowledge, are threatened, against the such Leased Property, Property or the Construction Agent or the related Lessee which could reasonably be expected to have a Material Materially Adverse Effect; (ii) all material Material consents, licenses and permits and other governmental authorizations or approvals required for such Construction and operation of the such Leased Property have been obtained and are in full force and effect; (iii) the such Leased Property has available all services of public facilities and other utilities necessary for the use and operation of the such Leased Property for its intended purposes including, without limitation, adequate water, gas and electrical supply, storm and sanitary sewerage facilities, telephone, other required public utilities and means of access between the related Building and public highways for pedestrians and motor vehicles; (iv) all material Material agreements, easements and other rights, public or private, which are necessary to permit the lawful use and operation of the such Leased Property as the related Lessee intends to use the Leased Property under the Lease and which are necessary to permit the lawful intended use and operation of all then intended utilities, driveways, roads and other means of egress and ingress to and from the same have been obtained and are in full force and effect and neither the Construction Agent nor the related Lessee has any knowledge of any pending modification or cancellation of any of the same, ; and the use of the such Leased Property does not depend on any variance, special exception or other municipal approval, permit or consent that has not been obtained and is in full force and effect for its continuing legal use; (v) all of the requirements and conditions set forth in Section 3.5(b) hereof have been completed and fulfilled with -------------- respect to the such Leased Property and the related Construction; and (vi) to the best of the Construction Agent's knowledge, the such Leased Property is in compliance in all material Material respects with all applicable zoning laws and regulations.

Construction Agent Certification. The Construction Agent shall have furnished the Lessor and the Agent with a certification of the Construction Agent (substantially in the form of Exhibit F) that: (i) all amounts owing to third parties for the Construction have been paid in full (other than contingent obligations for which the Construction Agent has made adequate reserves), and no litigation or proceedings are pending, or, or to the best of the Construction Agent's ’s knowledge, are threatened, against the Leased Property, Property or the Construction Agent or the Lessee which could reasonably be expected to have a Material Adverse Effect; it being understood that the Construction Agent shall have the right to contest any such litigation or proceeding, provided that the Construction Agent has provided security in respect of such contest in an amount and in a form reasonably acceptable to the Funding Parties; (ii) all material consents, licenses and permits and other governmental authorizations or approvals required for such Construction and operation of the Leased Property have been obtained and are in full force and effect; (iii) the Leased Property has available all services of public facilities and other utilities necessary for the use and operation of the Leased Property for its intended purposes purposes, including, without limitation, adequate water, gas and electrical supply, storm and sanitary sewerage facilities, telephone, other required public utilities and means of access between the Building and public highways streets for pedestrians and motor vehicles; (iv) all material agreements, easements and other rights, public or private, which are necessary to permit the lawful use and operation of the Leased Property as the Lessee intends to use the Leased Property under the Lease and which are necessary to permit the lawful intended use and operation of all then intended utilities, driveways, roads and other means of egress and ingress to and from the same have been obtained and are in full force and effect and neither the Construction Agent nor the Lessee has any no knowledge of any pending modification or cancellation of any of the same, ; and the use of the Leased Property does not depend on any variance, special exception or other municipal approval, permit or consent that has not been obtained and is in full force and effect for its continuing legal use;; and (v) all of the requirements and conditions set forth in Section 3.5(b) hereof have been completed and fulfilled with -------------- respect to the Leased Property and the Construction; and (vi) to the best of the Construction Agent's ’s knowledge, the Leased Property is in compliance in all material respects with all applicable zoning laws and regulations.

Construction Agent Certification. The Construction Agent shall have furnished the Lessor, the Agent and each Lender with a certification of the Construction Agent (substantially in the form of Exhibit H) that: (i) all amounts owing to third parties for the related Construction have been paid in full (other than contingent obligations for which the Construction Agent has made adequate reserves), and no litigation or proceedings are pending, or, or to the best of the Construction Agent's knowledge, are threatened, against the such Leased Property, Property or the Construction Agent or the related Lessee which could reasonably be expected to have a Material Adverse Effect; (ii) all material consents, licenses and permits and other governmental authorizations or approvals required for such Construction and operation of the such Leased Property have been obtained and are in full force and effect; (iii) the such Leased Property has available all services of public facilities and other utilities necessary for the use and operation of the such Leased Property for its intended purposes including, without limitation, adequate water, gas and electrical supply, storm and sanitary sewerage facilities, telephone, other required public utilities and means of access between the related Building and public highways for pedestrians and motor vehicles; (iv) all material agreements, easements and other rights, public or private, which are necessary to permit the lawful use and operation of the such Leased Property as the related Lessee intends to use the such Leased Property under the Lease and which are necessary to permit the lawful intended use and operation of all then intended utilities, driveways, roads and other means of egress and ingress to and from the same have been obtained and are in full force and effect and neither the Construction Agent nor the related Lessee has any knowledge of any pending modification or cancellation of any of the same, ; and the use of the such Leased Property does not depend on any variance, special exception or other municipal approval, permit or consent that has not been obtained and is in full force and effect for its continuing legal use; (v) all of the requirements and conditions set forth in Section 3.5(b) hereof have been completed and fulfilled with -------------- respect to the such Leased Property and the related Construction; and (vi) to the best of the Construction Agent's knowledge, the such Leased Property is in compliance in all material respects with all applicable zoning laws and regulations.

Construction Agent Certification. The Construction Agent shall have furnished the Lessor and the Agent with a certification of the Construction Agent (substantially in the form of Exhibit H) that: (i) all amounts owing to third parties for the related Construction have been paid in full (other than contingent obligations for which the Construction Agent has made adequate reserves), and no litigation or proceedings are pending, or, or to the best of the Construction Agent's knowledge, are threatened, against the such Leased Property, Property or the Construction Agent or the related Lessee which could reasonably be expected to have a Material Adverse Effect; (ii) all material consents, licenses and permits and other governmental authorizations or approvals required for such Construction and operation of the such Leased Property have been obtained and are in full force and effect; (iii) the such Leased Property has available all services of public facilities and other utilities necessary for the use and operation of the such Leased Property for its intended purposes including, without limitation, adequate water, gas and electrical supply, storm and sanitary sewerage facilities, telephone, other required public utilities and means of access between the related Building and public highways for pedestrians and motor vehicles; (iv) all material agreements, easements and other rights, public or private, which are necessary to permit the lawful use and operation of the such Leased Property as the related Lessee intends to use the such Leased Property under the Lease and which are necessary to permit the lawful intended use and operation of all then intended utilities, driveways, roads and other means of egress and ingress to and from the same have been obtained and are in full force and effect and neither the Construction Agent nor the related Lessee has any knowledge of any pending modification or cancellation of any of the same, ; and the use of the such Leased Property does not depend on any variance, special exception or other municipal approval, permit or consent that has not been obtained and is in full force and effect for its continuing legal use; (v) all of the requirements and conditions set forth in Section 3.5(b) hereof have been completed and fulfilled with -------------- respect to the Leased Property and the Construction; and (viv) to the best of the Construction Agent's knowledge, the such Leased Property is in compliance in all material respects with all applicable zoning laws and regulations. The parties hereto acknowledge that the conditions set forth in this Section 3.5 have been satisfied with respect to the Leased Property that is subject to the Original 2000 Lease.

Construction Agent Certification. The Construction Agent shall have furnished the Lessor and the Agent with a certification of the Construction Agent (substantially in the form of Exhibit H) that: (i) all amounts owing to third parties for the related Construction have been paid in full (other than contingent obligations for which the Construction Agent has made adequate reserves), and no litigation or proceedings are pending, or, or to the best of the Construction Agent's ’s knowledge, are threatened, against the such Leased Property, Property or the Construction Agent or the related Lessee which could reasonably be expected to have a Material Adverse Effect; (ii) all material consents, licenses and permits and other governmental authorizations or approvals required for such Construction and operation of the such Leased Property have been obtained and are in full force and effect; (iii) the such Leased Property has available all services of public facilities and other utilities necessary for the use and operation of the such Leased Property for its intended purposes including, without limitation, adequate water, gas and electrical supply, storm and sanitary sewerage facilities, telephone, other required public utilities and means of access between the related Building and public highways for pedestrians and motor vehicles; (iv) all material agreements, easements and other rights, public or private, which are necessary to permit the lawful use and operation of the such Leased Property as the related Lessee intends to use the such Leased Property under the Lease and which are necessary to permit the lawful intended use and operation of all then intended utilities, driveways, roads and other means of egress and ingress to and from the same have been obtained and are in full force and effect and neither the Construction Agent nor the related Lessee has any knowledge of any pending modification or cancellation of any of the same, ; and the use of the such Leased Property does not depend on any variance, special exception or other municipal approval, permit or consent that has not been obtained and is in full force and effect for its continuing legal use; (v) all of the requirements and conditions set forth in Section 3.5(b) hereof have been completed and fulfilled with -------------- respect to the Leased Property and the Construction; and (viv) to the best of the Construction Agent's ’s knowledge, the such Leased Property is in compliance in all material respects with all applicable zoning laws and regulations.

Construction Agent Certification. The Construction Agent shall have furnished the Lessor, the Agent and each Lender with a certification of the Construction Agent (substantially in the form of Exhibit H) that: (i) all amounts owing to third parties for the related Construction have been paid in full (other than contingent obligations for which the Construction Agent Agent, as agent for the Lessor, has made adequate reservesreserves and other than amounts included in the Estimated Completion Amount), and no litigation or proceedings are pending, or, or to the best of the Construction Agent's knowledge, are threatened, against the such Leased Property, Property or the Construction Agent or the related Lessee which could reasonably be expected to have a Material Adverse Effect; (ii) all material consents, licenses and permits and other governmental authorizations or approvals required for such Construction and operation of the such Leased Property have been obtained and are in full force and effect; (iii) the such Leased Property has available all services of public facilities and other utilities necessary for the use and operation of the such Leased Property for its intended purposes including, without limitation, adequate water, gas and electrical supply, storm and sanitary sewerage facilities, telephone, other required public utilities and means of access between the related Building and public highways for pedestrians and motor vehicles; (iv) all material agreements, easements and other rights, public or private, which are necessary to permit the lawful use and operation of the such Leased Property as the related Lessee intends to use the such Leased Property under the Lease and which are necessary to permit the lawful intended use and operation of all then intended utilities, driveways, roads and other means of egress and ingress to and from the same have been obtained and are in full force and effect and neither the Construction Agent nor the related Lessee has any knowledge of any pending modification or cancellation of any of the same, ; and the use of the such Leased Property does not depend on any variance, special exception or other municipal approval, permit or consent that has not been obtained and is in full force and effect for its continuing legal use; (v) all of the requirements and conditions set forth in Section 3.5(b) hereof have been completed and fulfilled with -------------- respect to the such Leased Property and the related Construction; and (vi) to the best of the Construction Agent's knowledge, the such Leased Property is in compliance in all material respects with all applicable zoning laws and regulations.

Construction Agent Certification. The Construction Agent shall have furnished the Agent and each Funding Party with a certification of the Construction Agent (substantially in the form of Exhibit H) that: (i) all amounts owing to third parties for the related Construction have been paid in full (other than contingent obligations for which the Construction Agent Agent, as agent for the Lessor, has made adequate reserves), and no litigation or proceedings are pending, or, or to the best of the Construction Agent's knowledge, are threatened, against the such Leased Property, Property or the Construction Agent or the related Lessee which could reasonably be expected to have a Material Adverse Effect; (ii) all material consents, licenses and permits and other governmental authorizations or approvals required for such Construction and operation of the such Leased Property have been obtained and are in full force and effect; (iii) the such Leased Property has available all services of public facilities and other utilities necessary for the use and operation of the such Leased Property for its intended purposes including, without limitation, adequate water, gas and electrical supply, storm and sanitary sewerage facilities, telephone, other required public utilities and means of access between the related Building and public highways for pedestrians and motor vehicles; (iv) all material agreements, easements and other rights, public or private, which are necessary to permit the lawful use and operation of the such Leased Property as the related Lessee intends to use the such Leased Property under the Lease and which are necessary to permit the lawful intended use and operation of all then intended utilities, driveways, roads and other means of egress and ingress to and from the same have been obtained and are in full force and effect and neither the Construction Agent nor the related Lessee has any knowledge of any pending modification or cancellation of any of the same, ; and the use of the such Leased Property does not depend on any variance, special exception or other municipal approval, permit or consent that has not been obtained and is in full force and effect for its continuing legal use; (v) all of the requirements and conditions set forth in Section 3.5(b) hereof have been completed and fulfilled with -------------- respect to the such Leased Property and the related Construction; and (vi) to the best of the Construction Agent's knowledge, the such Leased Property is in compliance in all material respects with all applicable zoning laws and regulations.

Construction Agent Certification. The Construction Agent shall have furnished the Lessor, the Agent and each Lender with a certification of the Construction Agent (substantially in the form of Exhibit H) that: (i) all amounts owing to third parties for the related Construction have been paid in full (other than contingent obligations for which the Construction Agent Agent, as agent for the Lessor, has made adequate reserves), and no litigation or proceedings are pending, or, or to the best of the Construction Agent's ’s knowledge, are threatened, against the such Leased Property, Property or the Construction Agent or the Lessee which could reasonably be expected to have a Material Adverse Effect; (ii) all material consents, licenses and permits and other governmental authorizations or approvals required for such Construction and operation of the such Leased Property have been obtained and are in full force and effect; (iii) the such Leased Property has available all services of public facilities and other utilities necessary for the use and operation of the such Leased Property for its intended purposes including, without limitation, adequate water, gas and electrical supply, storm and sanitary sewerage facilities, telephone, other required public utilities and means of access between the related Building and public highways for pedestrians and motor vehicles; (iv) all material agreements, easements and other rights, public or private, which are necessary to permit the lawful use and operation of the such Leased Property as the Lessee intends to use the such Leased Property under the Lease and which are necessary to permit the lawful intended use and operation of all then intended utilities, driveways, roads and other means of egress and ingress to and from the same have been obtained and are in full force and effect and neither the Construction Agent nor the Lessee has any knowledge of any pending modification or cancellation of any of the same, ; and the use of the such Leased Property does not depend on any variance, special exception or other municipal approval, permit or consent that has not been obtained and is in full force and effect for its continuing legal use; (v) all of the requirements and conditions set forth in Section 3.5(b) hereof have been completed and fulfilled with -------------- respect to the such Leased Property and the related Construction; and (vi) to the best of the Construction Agent's knowledge, the such Leased Property is in compliance in all material respects with all applicable zoning laws and regulations.

Construction Agent Certification. The Construction Agent shall have furnished the Lessor, the Agent and each Lender with a certification of the Construction Agent (substantially in the form of Exhibit H) that: (i) all amounts owing to third parties for the related Construction have been paid in full (other than contingent obligations for which the Construction Agent Agent, as agent for the Lessor, has made adequate reserves), and no litigation or proceedings are pending, or, or to the best of the Construction Agent's knowledge, are threatened, against the such Leased Property, Property or the Construction Agent or the related Lessee which could reasonably be expected to have a Material Adverse Effect; (ii) all material consents, licenses and permits and other governmental authorizations or approvals required for such Construction and operation of the such Leased Property have been obtained and are in full force and effect; (iii) the such Leased Property has available all services of public facilities and other utilities necessary for the use and operation of the such Leased Property for its intended purposes including, without limitation, adequate water, gas and electrical supply, storm and sanitary sewerage facilities, telephone, other required public utilities and means of access between the related Building and public highways for pedestrians and motor vehicles; (iv) all material agreements, easements and other rights, public or private, which are necessary to permit the lawful use and operation of the such Leased Property as the related Lessee intends to use the such Leased Property under the Lease and which are necessary to permit the lawful intended use and operation of all then intended utilities, driveways, roads and other means of egress and ingress to and from the same have been obtained and are in full force and effect and neither the Construction Agent nor the related Lessee has any knowledge of any pending modification or cancellation of any of the same, ; and the use of the such Leased Property does not depend on any variance, special exception or other municipal approval, permit or consent that has not been obtained and is in full force and effect for its continuing legal use; (v) all of the requirements and conditions set forth in Section 3.5(b) hereof have been completed and fulfilled with -------------- respect to the such Leased Property and the related Construction; and (vi) to the best of the Construction Agent's knowledge, the such Leased Property is in compliance in all material respects with all applicable zoning laws and regulations.

Construction Agent Certification. The Construction Agent shall have furnished the Lessor, the Agent and each Lender with a certification of the Construction Agent (substantially in the form of EXHIBIT H) that: (i) all amounts owing to third parties for the related Construction have been paid in full (other than contingent obligations for which the Construction Agent Agent, as agent for the Lessor, has made adequate reserves), and no litigation or proceedings are pending, or, or to the best of the Construction Agent's knowledge, are threatened, against the such Leased Property, Property or the Construction Agent or the related Lessee which could reasonably be expected to have a Material Adverse Effect; (ii) all material consents, licenses and permits and other governmental authorizations or approvals required for such Construction and operation of the such Leased Property have been obtained and are in full force and effect; (iii) the such Leased Property has available all services of public facilities and other utilities necessary for the use and operation of the such Leased Property for its intended purposes including, without limitation, adequate water, gas and electrical supply, storm and sanitary sewerage facilities, telephone, other required public utilities and means of access between the related Building and public highways for pedestrians and motor vehicles; (iv) all material agreements, easements and other rights, public or private, which are necessary to permit the lawful use and operation of the such Leased Property as the related Lessee intends to use the such Leased Property under the Lease and which are necessary to permit the lawful intended use and operation of all then intended utilities, driveways, roads and other means of egress and ingress to and from the same have been obtained and are in full force and effect and neither the Construction Agent nor the related Lessee has any knowledge of any pending modification or cancellation of any of the same, ; and the use of the such Leased Property does not depend on any variance, special exception or other municipal approval, permit or consent that has not been obtained and is in full force and effect for its continuing legal use; (v) all of the requirements and conditions set forth in Section SECTION 3.5(b) hereof have been completed and fulfilled with -------------- respect to the such Leased Property and the related Construction; and (vi) to the best of the Construction Agent's knowledge, the such Leased Property is in compliance in all material respects with all applicable zoning laws and regulations.

Construction Agent Certification. (i) all amounts owing to third parties for the related Construction have been paid in full (other than contingent obligations for which the Construction Agent has made adequate reservesreserves or obligations to be paid from the final Funding), and no litigation or proceedings are pending, or, or to the best of the Construction Agent's knowledge, are threatened, against the such Leased Property, Property or the Construction Agent or the related Lessee which could reasonably be expected to have a Material Adverse Effect; (ii) all material consents, licenses and permits and other governmental authorizations or approvals required for such Construction and operation of the such Leased Property have been obtained and are in full force and effect; (iii) the such Leased Property has available all services of public facilities and other utilities necessary for the related Lessee's use and operation of the such Leased Property for its intended purposes including, without limitation, adequate water, gas and electrical supply, storm and sanitary sewerage facilities, telephone, other required public utilities and means of access between the related Building and public highways for pedestrians and motor vehicles; (iv) all material agreements, easements and other rights, public or private, which are necessary to permit the lawful use and operation of the such Leased Property as the related Lessee intends to use the such Leased Property under the Lease and which are necessary to permit the lawful intended use and operation by the related Lessee of all then intended utilities, driveways, roads and other means of egress and ingress to and from the same have been obtained and are in full force and effect and neither the Construction Agent nor the related Lessee has any knowledge of any pending modification or cancellation of any of the same, same that would result in a Material Adverse Effect; and the use of the such Leased Property by the related Lessee does not depend on any variance, special exception or other municipal approval, permit or consent that has not been obtained and is in full force and effect for its continuing legal use; (v) all of the requirements and conditions set forth in Section ------- 3.5(b) hereof have been completed and fulfilled with -------------- respect to the such Leased ------ Property and the related Construction; and (vi) to the best of the Construction Agent's knowledge, the such Leased Property is in compliance in all material respects with all applicable zoning laws and regulations.