Common use of Lessor’s Representations and Warranties Clause in Contracts

Lessor’s Representations and Warranties. The Lessor hereby represents and warrants as follows, that: 7.1 Lessor is absolutely seized and possessed of the sole, exclusive and sufficient right, title and interest (save as otherwise provided in these presents) and has clear and marketable title to the Leased Premises and has good right, full power and absolute authority to grant unto the Lessee the Leased Premises in the manner herein appearing. If at any time any defect in title is found then the Lessor shall at its own expenses rectify the title so that there is no hindrance to the Lessee in enjoyment of the Lease. 7.2 Lessor is duly constituted under the laws of this country. All actions/ approvals necessary or required on the part of the Lessor have been taken to authorize and empower Lessor to enter into and perform under these presents. 7.3 Lessor will be solely liable to pay the concerned authorities/ persons (natural or legal), all past/ existing and future payments and or statutory or other rates, duties, taxes, cesses, fees, charges, levies, assessments and out goings in respect of the Leased Premises/ the Building and the land on which it stands, including but not restricted to, land/ property/ building/ corporation/ house tax/ municipal taxes, lease tax, service tax, water/ electricity charges etc., as applicable and will keep the Lessee fully indemnified against all these. Lessor has till the date of execution of these presents made full payments of aforesaid. 7.4 There are no liens/ mortgages etc on the Leased Premises/ the Building/ the Land. 7.5 Lessor has received no claims, notice, litigation and there is prohibitory order of attachment from i) the Government or any other local/ Tamil Nadu body or authority or under any legislative enactment, Government Ordinance, Order and/ or Notification including from the department of income tax for taxes or of any department of government, central and/or state, local body, public authority for taxes, charges, outgoings, rates, levies, cesses, etc; or ii) any person (legal or natural) that shall affect the grant of the Lease herein. There are no claims/ litigations/ notices that the Lessor has received with respect to the Premises/ Building/ land and which claims/ litigations/ notices the Lessor has not disclosed in the Recitals hereinabove given. 7.6 Lessor has complied with and agrees to continue to comply with the applicable laws/ by rules etc. In respect of the Building/ land, Building construction/ its fit outs/ other usage by the Lessor as written in these presents or any amendments hereto and the commercial use thereof (including without limitation applicable Municipal building and Town Planning regulations and bye-laws). 7.7 Lessor confirms that the Building will be completed by November 2004. 7.8 To keep the Building, structure, common facilities and Amenities in good and tenantable repairs and condition.

Lessor’s Representations and Warranties. The Lessor hereby represents makes the following representations and warrants as followswarranties to the Lessee recognising and acknowledging that the Lessee has in reliance of these representations and warranties entered into this Deed. (a) The Schedule Property and the building in which it is situated has been constructed in accordance with the applicable laws, that: 7.1 Lessor is absolutely seized regulations and possessed bye-laws and in accordance with the plan sanctioned by competent Municipal Authorities and that no notice, show cause or otherwise, has been issued to it till date by any Municipal or other Authorities alleging violation of the soleapplicable building bye-laws; (b) All permissions necessary for the occupation and use of the Schedule Property have been obtained and that the same can be legally used and occupied as on date by the Lessee for carrying on its business. If any approval specific to the Lessee’s business is required the Lessor shall co-operate with the Lessee in procuring such approval; (c) Permanent electricity, exclusive water and sufficient sewerage connections have been provided to the Schedule Property. The power currently available and allotted to the Schedule Property is adequate for conducting the operations of the Lessee as on date. (d) Subject to what is stated in this Deed, there is no restriction, obligation or liability which prevents the Lessor from (i) executing this Deed (ii) providing the Schedule Property on lease to the Lessee (iii) putting the Lessee in possession of the Schedule Property or which prevents the Lessee from occupying, using and enjoying the same as a Lessee in terms of this Deed. (e) The Schedule Property has not been mortgaged to any other person and no other person has any right, title and or interest (save as otherwise provided in these presents) and has clear and marketable title to the Leased Premises and has good right, full power and absolute authority to grant unto the Lessee the Leased Premises of whatsoever nature in the manner herein appearingSchedule Property. If at any time any defect in title is found then the Lessor shall at its own expenses rectify the title so that there is There are no hindrance to the Lessee in enjoyment of the Lease. 7.2 Lessor is duly constituted under the laws of this country. All actions/ approvals necessary or required on the part of the Lessor have been taken to authorize and empower Lessor to enter into and perform under these presents. 7.3 Lessor will be solely liable to pay the concerned authorities/ persons (natural or legal), all past/ existing and future payments and or statutory or other rates, duties, taxes, cesses, feesencumbrances, charges, leviesmortgages or other interests or agreements, assessments and out goings whether to sell, lease, license or mortgage or dispose of or to create any other interest of whatsoever nature in respect of the Leased Premises/ Schedule Property. (f) There is no existing, threatened or pending litigation in respect of the Building Schedule Property which in any manner whatsoever affects this lease or the occupation, use and enjoyment of the land on which it stands, including but not restricted to, land/ property/ building/ corporation/ house tax/ municipal taxes, lease tax, service tax, water/ electricity charges etc., as applicable and will keep Schedule Property by the Lessee fully indemnified against all these. Lessor has till the date in terms of execution of these presents made full payments of aforesaidthis Deed. 7.4 There are no liens/ mortgages etc on the Leased Premises/ the Building/ the Land. 7.5 Lessor has received no claims, notice, litigation and there is prohibitory order of attachment from i(g) the Government or any other local/ Tamil Nadu body or authority or under any legislative enactment, Government Ordinance, Order and/ or Notification including from the department of income tax for taxes or of any department of government, central and/or state, local body, public authority for taxes, charges, outgoings, rates, levies, cesses, etc; or ii) any person (legal or natural) that shall affect the grant of the Lease herein. There are no claims/ litigations/ notices that the Lessor has received with respect to the Premises/ Building/ land and which claims/ litigations/ notices the The Lessor has not disclosed entered into any agreement or created any interest over the Schedule Property that in any manner whatsoever affects the terms of this Deed or the rights of the Lessee hereunder. In particular no person has any right, title or interest that in any manner whatsoever may affect the lease or the occupation, use and enjoyment thereof by the Lessee in terms of this Deed. (h) There is a ▇▇▇▇▇▇ Towers Office Space Owners Association (RTOSOA) responsible for the general administration and upkeep of the common areas in the Recitals hereinabove given. 7.6 premises of which the Schedule Property is a part. The Lessor has complied with represents that he is a member of the said RTOSOA and agrees to shall continue to comply with be so as long as he is the applicable laws/ by rules etc. In respect owner of the Building/ land, Building construction/ its fit outs/ other usage by the Lessor as written in these presents or any amendments hereto and the commercial use thereof (including without limitation applicable Municipal building and Town Planning regulations and bye-laws)Schedule Property. 7.7 Lessor confirms that the Building will be completed by November 2004. 7.8 To keep the Building, structure, common facilities and Amenities in good and tenantable repairs and condition.

Lessor’s Representations and Warranties. The Lessor hereby represents and warrants as follows, that: 7.1 Lessor is absolutely seized and possessed of the sole, exclusive and sufficient right, title and interest (save as otherwise provided in these presents) and has clear and marketable title to the Leased Premises and has good right, full power and absolute authority to grant unto the Lessee the Leased Premises in the manner herein appearing. If at any time any defect in title is found then the Lessor shall at its own expenses rectify the title so that there is no hindrance to the Lessee in enjoyment of the Lease. 7.2 Lessor is duly constituted under the laws of this country. All actions/ approvals necessary or required on the part of the Lessor have been taken to authorize and empower Lessor to enter into and perform under these presents.. ' 7.3 Lessor will be solely liable to pay the concerned authorities/ persons (natural or legal), all past/ existing and future payments and or statutory or other rates, duties, taxes, cesses, fees, charges, levies, assessments and out goings in respect of the Leased Premises/ the Building and the land on which it stands, including but not restricted to, land/ property/ building/ corporation/ house tax/ municipal taxes, lease tax, service tax, water/ water, electricity charges etc., as applicable and will keep the Lessee fully indemnified against all these. Lessor has till the date of execution of these presents made full payments of aforesaid. 7.4 There are no liens/ mortgages etc on the Leased Premises/ the Building/ the Land. 7.5 Lessor has received no claims, notice, litigation and there is prohibitory order of attachment from i) the Government or any other local/ Tamil Nadu body or authority or under any legislative enactment, Government Ordinance, Order and/ or Notification including from the department of income tax for taxes or of any department of government, central and/or state, local body, public authority for taxes, charges, outgoings, rates, levies, cesses, etc; or ii) any person (legal or natural) that shall affect the grant of the Lease herein. There are no claims/ litigations/ notices that the Lessor has received with respect to the Premises/ Building/ land and which claims/ litigations/ notices the Lessor has not disclosed in the Recitals hereinabove given. 7.6 Lessor has complied with and agrees to continue to comply with the applicable laws/ by rules etc. In in respect of the Building/ land, Building construction/ its fit outs/ other usage by the Lessor as written in these presents or any amendments hereto and the commercial use thereof (including without limitation applicable Municipal building and Town Planning regulations and bye-laws). 7.7 Lessor confirms that the Building will be completed by November 2004. 7.8 To keep the Building, structure, common facilities and Amenities in good and tenantable repairs and condition.

Lessor’s Representations and Warranties. The Lessor hereby represents will represent and warrants warrant to Lessee, as followsof the Commencement Date, thatthat to the best of its knowledge: 7.1 (a) Lessor is absolutely seized and possessed does not have knowledge of, or reason to believe that there are grounds for, the filing of a lien against the soleLeased Premises, exclusive and sufficient rightother than the lien for the construction loan. (b) Lessor does not have knowledge of any pending condemnation or similar proceeding affecting the Leased Premises or any portion thereof. (c) Lessor does not have knowledge of any legal actions, title and interest suits, or other legal or administrative proceedings, pending or threatened against the Leased Premises or Lessor nor that any such action, suit, proceeding or claim has been threatened or asserted against Lessor or the Leased Premises. (save as otherwise provided in these presentsd) and Lessor has clear and marketable title to granted no leases or license, nor created any tenancies, affecting the Leased Premises and has good right, full power and absolute authority to grant unto the Lessee there are no parties in possession of any portion of the Leased Premises in the manner herein appearing. If at any time any defect in title is found then the Lessor shall at its own expenses rectify the title so that there is no hindrance to the Lessee in enjoyment of the Leaseas trespassers or otherwise. 7.2 (e) Lessor is duly constituted under the laws does not have knowledge of this country. All actions/ approvals necessary any uncured violations of federal, state or required on the part of the Lessor have been taken to authorize and empower Lessor to enter into and perform under these presents. 7.3 Lessor will be solely liable to pay the concerned authorities/ persons (natural municipal laws, ordinances, orders, regulations, or legal), all past/ existing and future payments and or statutory or other rates, duties, taxes, cesses, fees, charges, levies, assessments and out goings in respect requirements affecting any portion of the Leased Premises/ Premises. (f) The Leased Premises have adequate legal access to abutting public highways, streets and roads. (g) Lessor does not have knowledge of any pending or threatened governmental or private proceedings which would impair or result in the termination of access from the Leased Premises to abutting public highways, streets and roads. (h) Lessor does not have knowledge of, or reason to believe that there are (i) any government agencies investigating the Leased Premises, (ii) any environmental defects affecting the Leased Premises or property, (iii) radon or radon decay products, asbestos or asbestos decay products, within the Building and the land on or (iv) mines or other subsurface conditions which it stands, including but not restricted to, land/ property/ building/ corporation/ house tax/ municipal taxes, lease tax, service tax, water/ electricity charges etc., as applicable and will keep the Lessee fully indemnified against all these. Lessor has till the date of execution of these presents made full payments of aforesaid. 7.4 There are no liens/ mortgages etc would have a materially adverse effect on the Leased Premises/ the Building/ the LandPremises. 7.5 (i) Lessor does not have knowledge that the Leased Premises or any adjacent property now are or have been the site of any place of business engaged in operations which involve the generation, manufacture, refining, transportation, treatment, storage, handling or disposal of any Hazardous Materials, above or below ground. (j) There is presently in existence or available adequate water, electrical, sewage, stormwater and drainage systems, and gas utility service required for the intended use of the Leased Premises. (k) The intended use and occupancy of the Leased Premises are in full compliance with all requirements of applicable building, zoning and land development ordinances and all conditions of applicable planning board subdivision, site plan and variance (if any) approvals. (l) Lessor has received no claimsobtained or will obtain all required plan approvals, notice, litigation permits and there is prohibitory order certificates of attachment from ioccupancy necessary for Lessee's occupancy and intended use. (m) the Government or any other local/ Tamil Nadu body or authority or under any legislative enactment, Government Ordinance, Order and/ or Notification including from the department of income tax for taxes or of any department of government, central and/or state, local body, public authority for taxes, charges, outgoings, rates, levies, cesses, etc; or ii) any person (legal or natural) that shall affect the grant of the Lease herein. There are no claims/ litigations/ notices that the Lessor has received with respect no knowledge, or reason to believe that there are underground storage tanks located on the Premises/ Building/ land and which claims/ litigations/ notices the Lessor has not disclosed Leased Premises, nor have there been any in the Recitals hereinabove givenpast. 7.6 Lessor has complied with and agrees to continue to comply with the applicable laws/ by rules etc. In respect of the Building/ land, Building construction/ its fit outs/ other usage by the Lessor as written in these presents or any amendments hereto and the commercial use thereof (including without limitation applicable Municipal building and Town Planning regulations and bye-laws). 7.7 Lessor confirms that the Building will be completed by November 2004. 7.8 To keep the Building, structure, common facilities and Amenities in good and tenantable repairs and condition.

Lessor’s Representations and Warranties. The Lessor hereby represents and warrants as follows, that: 7.1 Lessor is absolutely seized and possessed of the sole, exclusive and sufficient right, title and interest (save as otherwise provided in these presents) and has clear and marketable title to the Leased Premises and has good right, full power and absolute authority to grant unto the Lessee the Leased Premises in the manner herein appearing. If at any time any defect in title is found then the Lessor shall at its own expenses rectify the title so that there is no hindrance to the Lessee in enjoyment of the Lease. 7.2 Lessor is duly constituted under the laws of this country. All actions/ approvals necessary or required on the part of the Lessor have been taken to authorize and empower Lessor to enter into and perform under these presents. 7.3 Lessor will be solely liable to pay the concerned authorities/ persons (natural or legal), all past/ existing and future payments and or statutory or other rates, duties, taxes, cesses, fees, charges, levies, assessments and out goings in respect of the Leased Premises/ the Building and the land on which it stands, including but not restricted to, land/ property/ building/ corporation/ house tax/ municipal taxes, lease tax, service tax, water/ electricity charges etc., as applicable and will keep the Lessee fully indemnified against all these. Lessor has till the date of execution of these presents made full payments of aforesaid. 7.4 There are no liens/ mortgages etc on the Leased Premises/ the Building/ the Land. 7.5 Lessor has received no claims, notice, litigation and there is no prohibitory order of attachment from i) the Government or any other local/ Tamil Nadu body or authority or under any legislative enactment, Government Ordinance, Order and/ or Notification including from the department of income tax for taxes or of any department of government, central and/or state, local body, public authority for taxes, charges, outgoings, rates, levies, cesses, etc; or ii) any person (legal or natural) that shall affect the grant of the Lease herein. There are no claims/ litigations/ notices that the Lessor has received with respect to the Premises/ Building/ land and which claims/ litigations/ notices the Lessor has not disclosed in the Recitals hereinabove given. 7.6 Lessor has complied with and agrees to continue to comply with the applicable laws/ by rules etc. In in respect of the Building/ land, Building construction/ its fit outs/ other usage by the Lessor as written in these presents or any amendments hereto and the commercial use thereof (including without limitation applicable Municipal building and Town Planning regulations and bye-laws).): 7.7 Lessor confirms that the Building will be completed by November December 2004. 7.8 To keep the Building, structure, common facilities and Amenities in good and tenantable repairs and condition.

Lessor’s Representations and Warranties. The Lessor hereby represents and warrants as follows, that: 7.1 Lessor is absolutely seized and possessed of the sole, exclusive and sufficient right, title and interest (save as otherwise provided in these presents) and has clear and marketable title to the Leased Premises and has good right, full power and absolute authority to grant unto the Lessee the Leased Premises in the manner herein appearing. If at any time any defect in title is found then the Lessor shall at its own expenses rectify the title so that there is no hindrance to the Lessee in enjoyment of the Lease. 7.2 Lessor is duly constituted under the laws of this country. All actions/ approvals necessary or required on the part of the Lessor have been taken to authorize and empower Lessor to enter into and perform under these presents. 7.3 Lessor will be solely liable to pay the concerned authorities/ persons (natural or legal), all past/ existing and future payments and or statutory or other rates, duties, taxes, cesses, fees, charges, levies, assessments and out goings in respect of the Leased Premises/ the Building and the land hand on which it stands, including but not restricted to, land/ property/ building/ corporation/ house tax/ municipal taxes, lease tax, service tax, water/ electricity charges etc., as applicable and will keep the Lessee fully indemnified against all these. Lessor has till the date of execution of these presents made full payments of aforesaid. 7.4 There are no liens/ mortgages etc on the Leased Premises/ the Building/ the Land. 7.5 Lessor has received no claims, notice, litigation and there is prohibitory order of attachment from i) the Government or any other local/ Tamil Nadu body or authority or under any legislative enactment, Government Ordinance, Order and/ or Notification including from the department of income tax for taxes or of any department of government, central and/or state, local body, public authority for taxes, charges, outgoings, rates, levies, cesses, etc; or ii) any person (legal or natural) that shall affect the grant of the Lease herein. There are no claims/ litigations/ notices that the Lessor has received with respect to the Premises/ Building/ land and which claims/ litigations/ notices the Lessor has not disclosed in the Recitals hereinabove given. 7.6 Lessor has complied with and agrees to continue to comply with the applicable laws/ by rules etc. In in respect of the Building/ land, Building construction/ its fit outs/ other usage by the Lessor as written in these presents or any amendments hereto and the commercial use thereof (including without limitation applicable Municipal building and Town Planning regulations and bye-laws). 7.7 Lessor confirms that the Building will be completed by November 2004. 7.8 To keep the Building, structure, common facilities and Amenities in good and tenantable repairs and condition.

Lessor’s Representations and Warranties. The Lessor hereby represents and warrants as follows, that: 7.1 Lessor is absolutely seized and possessed of the sole, exclusive and sufficient right, title and interest (save as otherwise provided in these presents) and has clear and marketable title to the Leased Premises and has good right, full power and absolute authority to grant unto the Lessee the Leased Premises in the manner herein appearing. If at any time any defect in title is found then the Lessor shall at its own expenses rectify the title so that there is no hindrance to the Lessee in enjoyment of the Lease. 7.2 Lessor is duly constituted under the laws of this country. All actions/ approvals necessary or required on the part of the Lessor have been taken to authorize and empower Lessor to enter into and perform under these presents. 7.3 Lessor will be solely liable to pay the concerned authorities/ persons (natural or legal), all past/ existing and future payments and or statutory or other rates, duties, taxes, cesses, fees, charges, levies, assessments and out goings in respect of the Leased Premises/ the Building and the land on which it It stands, including but not restricted to, land/ property/ property building/ corporation/ house tax/ municipal taxes, lease tax, service tax, water/ electricity charges etc., as applicable and will keep the Lessee fully indemnified against all these. Lessor has till the date of execution of these presents made full payments of aforesaid. 7.4 There are no liens/ mortgages etc on the Leased Premises/ the Building/ the Land. 7.5 Lessor has received no claims, notice, litigation and there is prohibitory order of attachment from i) the Government or any other local/ Tamil Nadu body or authority or under any legislative enactment, Government Ordinance, Order and/ or Notification including from the department of income tax for taxes or of any department of government, central and/or state, local body, public authority for taxes, charges, outgoings, rates, levies, cesses, etc; or ii) any person (legal or natural) that shall affect the grant of the Lease herein. There are no claims/ litigations/ notices that the Lessor has received with respect to the Premises/ Building/ land and which claims/ litigations/ notices the Lessor has not disclosed in the Recitals hereinabove given. 7.6 Lessor has complied with and agrees to continue to comply with the applicable laws/ by rules etc. In in respect of the Building/ land, Building construction/ its fit outs/ other usage by the Lessor as written in these presents or any amendments hereto and the commercial use thereof (including without limitation applicable Municipal building and Town Planning regulations and bye-laws). 7.7 Lessor confirms that the Building will be completed by November 2004. 7.8 To keep the Building, structure, common facilities and Amenities in good and tenantable repairs and condition.

Lessor’s Representations and Warranties. The Lessor hereby represents will represent and warrants warrant to Lessee, as followsof the Commencement Date, thatthat to the best of its knowledge: 7.1 (a) Lessor is absolutely seized and possessed does not have knowledge of, or reason to believe that there are grounds for, the filing of a lien against the soleLeased Premises, exclusive and sufficient rightother than the lien for the construction loan. (b) Lessor does not have knowledge of any pending condemnation or similar proceeding affecting the Leased Premises or any portion thereof. (c) Lessor does not have knowledge of any legal actions, title and interest suits, or other legal or administrative proceedings, pending or threatened against the Leased Premises nor that any such action, suit, proceeding or claim has been threatened or asserted against Lessor or the Leased Premises. (save as otherwise provided in these presentsd) and Lessor has clear and marketable title to granted no leases or license, nor created any tenancies, affecting the Leased Premises and has good right, full power and absolute authority to grant unto the Lessee there are no parties in possession of any portion of the Leased Premises in the manner herein appearing. If at any time any defect in title is found then the Lessor shall at its own expenses rectify the title so that there is no hindrance to the Lessee in enjoyment of the Leaseas trespassers or otherwise. 7.2 (e) Lessor is duly constituted under the laws does not have knowledge of this country. All actions/ approvals necessary any uncured violations of federal, state or required on the part of the Lessor have been taken to authorize and empower Lessor to enter into and perform under these presents. 7.3 Lessor will be solely liable to pay the concerned authorities/ persons (natural municipal laws, ordinances, orders, regulations, or legal), all past/ existing and future payments and or statutory or other rates, duties, taxes, cesses, fees, charges, levies, assessments and out goings in respect requirements affecting any portion of the Leased Premises/ Premises. (f) The Leased Premises have adequate legal access to abutting public highways, streets and roads. (g) Lessor does not have knowledge of any pending or threatened governmental or private proceedings which would impair or result in the termination of access from the Leased Premises to abutting public highways, streets and roads. (h) Lessor does not have knowledge of, or reason to believe that there are (i) any government agencies investigating the Leased Premises, (ii) any environmental defects affecting the Leased Premises or property, (iii) radon or radon decay products, asbestos or asbestos decay products, within the Building and the land on at greater than generally accepted safe levels, or (iv) mines or other subsurface conditions which it stands, including but not restricted to, land/ property/ building/ corporation/ house tax/ municipal taxes, lease tax, service tax, water/ electricity charges etc., as applicable and will keep the Lessee fully indemnified against all these. Lessor has till the date of execution of these presents made full payments of aforesaid. 7.4 There are no liens/ mortgages etc would have a materially adverse effect on the Leased Premises/ the Building/ the LandPremises. 7.5 Lessor has received no claims, notice, litigation and there is prohibitory order of attachment from (i) Lessor does not have knowledge that the Government Leased Premises or any other local/ Tamil Nadu body adjacent property now are or authority or under any legislative enactment, Government Ordinance, Order and/ or Notification including from have been the department of income tax for taxes or site of any department place of governmentbusiness engaged in operations which involve the generation, central and/or statemanufacture, local bodyrefining, public authority transportation, treatment, storage, handling or disposal of any Hazardous Materials, above or below ground. (j) There is presently in existence or available adequate water, electrical, sewage, stormwater and drainage systems, and gas utility service required for taxes, charges, outgoings, rates, levies, cesses, etc; or ii) any person (legal or natural) that shall affect the grant intended use of the Lease herein. There are no claims/ litigations/ notices that the Lessor has received with respect to the Premises/ Building/ land and which claims/ litigations/ notices the Lessor has not disclosed in the Recitals hereinabove givenLeased Premises. 7.6 Lessor has complied with (k) The intended use and agrees to continue to comply with the applicable laws/ by rules etc. In respect occupancy of the Building/ landLeased Premises are in full compliance with all requirements of applicable building, Building construction/ its fit outs/ other usage by the Lessor as written in these presents or any amendments hereto zoning and the commercial use thereof land development ordinances and all conditions of applicable planning board subdivision, site plan and variance (including without limitation applicable Municipal building and Town Planning regulations and bye-laws)if any) approvals. 7.7 (1) Lessor confirms that the Building will be completed by November 2004obtain all required site plan approvals, permits and certificates of occupancy necessary for ▇▇▇▇▇▇'s occupancy and intended use. 7.8 To keep the Building, structure, common facilities and Amenities in good and tenantable repairs and condition.