LESSOR'S COVENANTS. (i) The Lessor agrees that it will, at its ------------------ own cost and expense, promptly take such action as may be necessary to duly discharge any Lessor Lien on the Aircraft. (ii) The Lessor agrees that, so long as no Event of Default shall have occurred and be continuing, the Lessor will not take any action or cause to be taken any action or fail to prevent any action arising by, through or under it, which causes interference with the Lessee's peaceful and quiet use, operation and possession of the Aircraft in accordance with the terms of this Lease. (iii) The Lessor agrees that it shall and hereby does indemnify and hold harmless the Lessee and its permitted assigns against any and all claims, losses, liabilities and damages (including attorney fees and disbursements) incurred in connection with any breach of the covenants of this Section 4(d), provided, however, that the foregoing indemnity and -------- ------- agreement to hold harmless shall be coextensive in scope with, and shall in no way expand, waive or limit, such covenants or agreements or any rights, remedies or defenses which are or would be available in connection therewith. (iv) Effective upon the execution and delivery of the Lease Supplement on the Delivery Date but only as long as no Event of Default shall have occurred and be continuing, the Lessor does hereby authorize the Lessee, on behalf of and to the exclusion of the Lessor, for the duration of the Term, to exercise in the Lessee's own name all existing warranties, service life policies and patent indemnities of manufacturers and maintenance and overhaul agencies of and for the Aircraft and Parts, if any, and upon the request, and at the cost, of the Lessee, the Lessor shall use its reasonable efforts to give the Lessee aid and assistance in enforcing the rights of the Lessee arising under such warranties, service life policies and patent indemnities.
Appears in 1 contract
Sources: Operating Lease Agreement (Airfund International Limited Partnership)
LESSOR'S COVENANTS. The Lessor covenants and agrees that, ------------------ unless the Agent and the Lender shall have otherwise consented in writing:
(a) it shall not amend its Partnership Agreement;
(b) it shall not incur any indebtedness or other monetary obligation or liability, other than operating expenses incurred in the ordinary course of business that are not delinquent;
(c) the proceeds of the Loans received from the Lenders will be used by the Lessor solely to pay costs of acquisition of the Leased Property and to pay the Lessee for certain closing and transaction costs associated therewith. No portion of the proceeds of the Loans will be used by the Lessor (i) The Lessor agrees that it willin connection with, at its ------------------ own cost and expensewhether directly or indirectly, promptly take any tender offer for, or other acquisition of, stock of any corporation with a view towards obtaining control of such action as may be necessary to duly discharge any Lessor Lien on the Aircraft.
other corporation, (ii) The Lessor agrees thatdirectly or indirectly, so long as no Event for the purpose, whether immediate, incidental or ultimate, of Default shall have occurred and be continuingpurchasing or carrying any Margin Stock, the Lessor will not take any action or cause to be taken any action or fail to prevent any action arising by, through or under it, which causes interference with the Lessee's peaceful and quiet use, operation and possession of the Aircraft in accordance with the terms of this Lease.
(iii) The Lessor agrees that for any purpose in violation of any Applicable Law;
(d) it shall not engage in any business or activity, or invest in any Person, except for the Transactions;
(e) it will permit the Agent, the Lenders and hereby does indemnify their respective representatives to examine, and hold harmless make copies from, the Lessee Lessor's books and its permitted assigns against any records, and all claimsto visit the offices and properties of the Lessor for the purpose of examining such materials, losses, liabilities and damages (including attorney fees and disbursements) incurred in connection to discuss the Lessor's performance hereunder with any breach of its, or its general partner's, officers and employees;
(f) it shall not consent to or suffer or permit any Lien against the Leased Property, other than as expressly contemplated pursuant to the Operative Documents;
(g) it shall not consent to or suffer or permit the creation of any easement or other restriction against the Leased Property other than as permitted pursuant to Article V of the covenants of this Section 4(d), provided, however, that the foregoing indemnity and -------- ------- agreement to hold harmless shall be coextensive in scope with, and shall in no way expand, waive or limit, such covenants or agreements or any rights, remedies or defenses which are or would be available in connection therewith.Lease; and
(ivh) Effective upon the execution and delivery it shall not hereafter violate or cause a violation of the Lease Supplement on the Delivery Date but only as long as no Event of Default shall have occurred terms and be continuing, the Lessor does hereby authorize the Lessee, on behalf of and to the exclusion provisions of the Lessor, for Tripartite Agreement/Option Agreement without the duration of the Term, to exercise in the Lessee's own name all existing warranties, service life policies and patent indemnities of manufacturers and maintenance and overhaul agencies of and for the Aircraft and Parts, if any, and upon the request, and at the cost, consent of the Lessee, the Lessor shall use its reasonable efforts to give the Lessee aid and assistance in enforcing the rights of the Lessee arising under such warranties, service life policies and patent indemnities.
Appears in 1 contract
LESSOR'S COVENANTS. (i) The Lessor, with the intent that the obligations shall continue throughout the term of this Deed, hereby covenants with the Lessee as under:
10.1 To provide Lessee, its employees, workmen, agents, representatives etc. with uninterrupted and continuous access and peaceful use and enjoyment of the Demised Premises at all times during the Lease Period, without any interference, including from the Lessor or any person claiming under, through or in trust for the Lessor;
10.2 To the extent that any permission is required to be given, and can lawfully be given, permit the Lessee to cut the standing trees in the Demised Premises after obtaining prior permission from the concerned authorities;
10.3 The Lessor agrees that it willhas agreed to mutate the revenue record for the correct extent available in T.S No: 2/1 in the Town Survey Land Register and shall indemnify the Lessee till such time from any third party claims with respect to the Demised Premises;
10.4 To render co-operation and assistance to the Lessee to obtain permissions/approvals/licenses and consents required from any statutory, at local or public body or authority specifically in relation to conducting its ------------------ own cost educational institution from and expense, promptly take such action as may be necessary to duly discharge any Lessor Lien on over the Aircraft.Demised Premises and for constructing additional premises;
(ii) 10.5 The Lessor agrees that, so long as no Event of Default shall have occurred and be continuing, the Lessor will not take any action do or cause to be taken any action done or fail omit to prevent any action arising by, through or under it, be done anything which causes interference with would affect the Lessee's peaceful and quiet use, operation and possession right of the Aircraft Lessee to use and occupy the Demised Premises in accordance with the terms of this LeaseDeed for so long as Lessee does not breach the terms of the lease;
10.6 To bear and pay property/ municipal and other taxes, dues, etc. payable in respect of the Demised Premises, in a proper and timely manner;
10.7 To remain in compliance with all the applicable laws governing the Demised Premises and this Deed;
10.8 The Lessor shall not commit an act that prevents the Lessee from using the Demised Premises as agreed in this Deed, subject to the Lessee complying with all its statutory obligations in carrying out its educational institution activities from the Demised Premises and further that the Lessor shall not do any act, or suffer any omission to be done, which would in any way prevent/ obstruct the Lessee in using the Demised Premises as agreed in this Deed.
(iii) 10.9 To permit the Lessee to display the Lessee’s name at places of its choice, in the
10.10 To refund the Security Deposit to the Lessee in the manner specified in this Deed;
10.11 During the term of the Lease and any Renewed Term, in the event that the Lessor wishes to sell/ mortgage/ charge/ encumber the Demised Premises, the Lessor shall ensure the following before consummating or concluding any such sale, mortgage, charge, encumbrance, or creation of other third party interest: -
10.11.1 The Lessor agrees shall have obtained a written confirmation and undertaking from the potential purchaser/ mortgagee/ transferee that it shall be bound by, adhere to and hereby does indemnify observe all the rights, obligations and hold harmless liabilities of the Lessor hereunder and any right, title and/or interest of such purchaser/ mortgagee/ transferee shall be subject to the leasehold rights of the Lessee and its permitted assigns against any and all claims, losses, liabilities and damages (including attorney fees and disbursements) incurred in connection with any breach under this Deed.
10.11.2 The Lessor shall inform such purchaser / mortgagee / transferee of the covenants of this Section 4(d)Demised Premises, provided, however, that about the foregoing indemnity and -------- ------- agreement to hold harmless shall be coextensive in scope with, and shall in no way expand, waive or limit, such covenants or agreements or any rights, remedies or defenses which are or would be available in connection therewith.
(iv) Effective upon the execution and delivery of the Lease Supplement on the Delivery Date but only as long as no Event of Default shall have occurred and be continuing, the Lessor does hereby authorize the Lessee, on behalf of and to the exclusion of the Lessor, for the duration of the Term, to exercise in the Lessee's own name all existing warranties, service life policies and patent indemnities of manufacturers and maintenance and overhaul agencies of and for the Aircraft and Parts, if any, and upon the request, and at the cost, leasehold rights of the Lessee, including the Lessor factum of Security Deposit, and shall use its reasonable efforts obtain in writing from such purchaser / mortgagee / transferee a confirmation that they have the capacity to, and are able to give refund the Security Deposit, as set out herein, and also that they are agreeable to permit the Lessee aid and assistance to attorn the tenancy in enforcing their favour. .
10.12 Lessor agrees that Lessee shall have the rights first right of refusal to take on lease any other immoveable property of Lessor in Adyar, Chennai for the Lessee arising under such warranties, service life policies and patent indemnitiespurpose of opening an educational institution.
Appears in 1 contract
Sources: Lease Deed
LESSOR'S COVENANTS. (i) The Lessor agrees hereby covenants with the Lessee as follows:
i. that it willthe Lessee, at upon fully complying with and promptly performing all of the terms, covenants and conditions of this lease on its ------------------ own cost part to be performed, and expenseupon the prompt and timely payment of all sums due hereunder, promptly take such action as may be necessary to duly discharge any Lessor Lien on the Aircraft.
(ii) The Lessor agrees that, so long as no Event of Default shall have occurred and be continuingquiet enjoyment rights with respect of the Property for the lease term set forth herein, subject to all provisions of this lease;
ii. that the Lessor will not take at any action time after the execution of this Agreement and during the lease term mortgage, charge, assign, transfer, sell, convey, let, sub-let, lease or cause otherwise deal with the Property or any part thereof;
iii. that the Lessor shall recognize and give effect to be taken all members of the Club and their rights and interests as members thereof;
iv. that the Lessor shall not except in case of default by the Lessee, do, perform or omit to do, perform any action act or fail thing which will in any manner undermine the leasehold rights and the rights to prevent erect, reconfigure, procure, construct, finance, develop, operate, manage, maintain and control the Project;
v. the Lessor shall ensure that access to the Property is not closed temporarily or permanently or restricted in any action arising by, through or under it, which causes interference with way during the lease term due to any direct act of the Lessor;
vi. the Lessor shall support and use all reasonable efforts to expedite the consideration of the Lessee's peaceful applications for the consents and quiet use, operation and possession the timely issuance thereof by the relevant Public Sector Entity;
vii. whenever there is reference in this agreement to an act by or obligation of the Aircraft Lessor, such act or obligation is authorized by and on behalf of the Government of Pakistan:
viii. that the Lessor has all necessary powers to commercialize the Project and in accordance respect of all other matters, which are the subject of this Agreement and has the right, but not an obligation, to transfer such of those powers to the Lessee as may be required to uphold the terms and obligations of this Agreement; and
ix. that the Lessor shall not (i) in any way amend or obstruct the design, construction, management or operation of the Project or any part thereof - except as provided for in the Agreement and the reasonable inspection of the Project as specified in this Agreement, (ii) do any act or be party to any intentional act which would cause, or be likely to cause damage to any part of the Project or be otherwise inconsistent with the terms of this Leasethe Agreement.
(iii) The Lessor agrees that it shall and hereby does indemnify and hold harmless the Lessee and its permitted assigns against any and all claims, losses, liabilities and damages (including attorney fees and disbursements) incurred in connection with any breach of the covenants of this Section 4(d), provided, however, that the foregoing indemnity and -------- ------- agreement to hold harmless shall be coextensive in scope with, and shall in no way expand, waive or limit, such covenants or agreements or any rights, remedies or defenses which are or would be available in connection therewith.
(iv) Effective upon the execution and delivery of the Lease Supplement on the Delivery Date but only as long as no Event of Default shall have occurred and be continuing, the Lessor does hereby authorize the Lessee, on behalf of and to the exclusion of the Lessor, for the duration of the Term, to exercise in the Lessee's own name all existing warranties, service life policies and patent indemnities of manufacturers and maintenance and overhaul agencies of and for the Aircraft and Parts, if any, and upon the request, and at the cost, of the Lessee, the Lessor shall use its reasonable efforts to give the Lessee aid and assistance in enforcing the rights of the Lessee arising under such warranties, service life policies and patent indemnities.
Appears in 1 contract
Sources: Lease Agreement
LESSOR'S COVENANTS. (i) The Lessor agrees that it will, at its own ------------------ own cost and expense, promptly take such action as may be necessary to duly discharge any Lessor Lien on the Aircraft.
(ii) The Lessor agrees that, so long as no Event of Default shall have occurred and be continuing, the Lessor will not take any action or cause to be taken any action or fail to prevent any action arising by, through or under it, which causes interference with the Lessee's peaceful and quiet use, operation and possession of the Aircraft in accordance with the terms of this Lease.
(iii) The Lessor agrees that it shall and hereby does indemnify and hold harmless the Lessee and its permitted assigns against any and all claims, losses, liabilities and damages (including attorney fees and disbursements) incurred in connection with any breach of the covenants of this Section 4(d), provided, however, that the foregoing indemnity and -------- ------- agreement to hold harmless shall be coextensive in scope with, and shall in no way expand, waive or limit, such covenants or agreements or any rights, remedies or defenses which are or would be available in connection therewith.
(iv) Effective upon the execution and delivery of the Lease Supplement on the Delivery Date but only as long as no Event of Default shall have occurred and be continuing, the Lessor does hereby authorize the Lessee, on behalf of and to the exclusion of the Lessor, for the duration of the Term, to exercise in the Lessee's own name all existing warranties, service life policies and patent indemnities of manufacturers and maintenance and overhaul agencies of and for the Aircraft and Parts, if any, and upon the request, and at the cost, of the Lessee, the Lessor shall use its reasonable efforts to give the Lessee aid and assistance in enforcing the rights of the Lessee arising under such warranties, service life policies and patent indemnities.
Appears in 1 contract
Sources: Operating Lease Agreement (Airfund International Limited Partnership)