Common use of Representations and Warranties by Party A Clause in Contracts

Representations and Warranties by Party A. 1. Party A undertakes to lease the remnant 3 floor of the Factory Building to Ningbo Thermadyne Cutting and Welding Equipment Trading Co., Ltd., an affiliate company of Party B, under the same applicable terms and conditions of this Contract. 2. Party A undertakes that all staff, visitors and clients of Party B will be given access to the Leased Premises through the nearest public passage at any time during the Lease Term of this Contract, and that Party B will be allowed to use all paths, routes or any road of the similar nature, either existing or to be constructed in the vicinity of the Leased Premises, or any road connecting to the Leased Premises. 3. Party A undertakes that it will use its best efforts to provide all the necessary documentation and any other assistance necessary for Party B to change, with the relevant authority, its registered address to the address of the Factory Building. 4. Party A represents and warrants that it is the sole owner of the Leased Premises, the land use right hereunder has been legally and properly granted to and placed under the name of Party A, and Party A has paid in full the price and all taxes and fees for or in relation to the land use right (including but not limited to the entire land use right granting fee); Party A further represents and warrants that it has obtained all approvals, permits, consents and authorizations (including but not limited to all approvals, permits and authorizations as required by the law or its corporate documents) necessary to empower it to provide the whole Leased Premises to a foreign invested enterprise for the purpose set out in this Contract; and that the Leased Premises is free of any encumbrance or defect of right of any kind which may affect the use by Party B of all or part of such Leased Premises in accordance with this Contract. 5. Party A hereby represents and warrants that the Leased Premises shall be for the sole and exclusive use of Party B during the Lease Term, which shall not be disturbed or negatively affected by Party A or other third parties. If the sole, exclusive or normal use by Lessee is disturbed or negatively affected in any way, Party B shall not be required to pay the rental for abnormality is eliminated and shall be entitled to terminate this Contract in accordance with Article 13.2 of this Contract.

Appears in 1 contract

Sources: Lease Contract (Victor Technologies Group, Inc.)

Representations and Warranties by Party A. 1I. Party A has clearly known and understood the scope of business, and authorized powers, of Party B. II. Party A undertakes to lease has already read this Contract and all terms of principal contracts. Meanwhile, Party B has made interpretation for certain terms of this Contract and principal contracts at the remnant 3 floor of the Factory Building to Ningbo Thermadyne Cutting and Welding Equipment Trading Co., Ltd., an affiliate company request of Party BA. And Party A has fully known and understood the meanings of, under and legal consequences that may arise from, the same applicable terms and conditions of this ContractContract and principal contracts. 2III. Party A undertakes that all staff, visitors and clients of Party B will be given access is eligible to the Leased Premises through the nearest public passage at any time during the Lease Term of this Contractact as a guarantor, and that Party B will be allowed its guarantees hereunder conform to use all pathslaws, routes administrative regulations, rules, and its articles of association or any road internal organization documents. Meanwhile, its guarantees hereunder have been approved by its internal authoritative organizations and/or authoritative authorities of the similar nature, either existing or to be constructed in the vicinity of the Leased Premises, or any road connecting to the Leased Premises. 3State. Party A undertakes that it will use its best efforts to provide shall be liable for all the necessary documentation and any other assistance necessary for Party B to changeliabilities arising out of unauthorized execution of this Contract by it, with the relevant authority, its registered address to the address of the Factory Building. 4. Party A represents and warrants that it is the sole owner of the Leased Premises, the land use right hereunder has been legally and properly granted to and placed under the name of Party A, and Party A has paid in full the price and all taxes and fees for or in relation to the land use right (including but not limited to the entire land use right granting fee); full indemnifications for losses caused to Party B. IV. Party A further represents and warrants confirms that it has obtained fully known and understood assets, obligations, operation, credit and reputation of the debtor, and eligibility and authorities of the debtor to sign the principal contracts, and all approvalscontents contained in principal contracts. V. Party A owns and has the right to dispose the Collaterals according to law. The Collaterals are not the public facilities, permits, consents and authorizations (including but which are not limited allowed to all approvals, permits and authorizations as required by the law be circulated or its corporate documents) necessary to empower it to provide the whole Leased Premises to a foreign invested enterprise for the purpose set out in this Contracttransferred; and that no dispute on the Leased Premises is ownership of the Collaterals exists. VI. The Collaterals are not co-owned, or the mortgages hereunder have been agreed on by other co-owners in writing if the Collaterals are co-owned. VII. The Collaterals are free of any defect or encumbrance or defect of right of any kind which may affect the use by that has not been notified to Party B in writing, including but without limitation as follows: the Collaterals are limited for circulation, sealed, seized, monitored, leased or created a lien; or the acquisition prices, repair and maintenance fees, construction prices, national taxes, considerations for the grant of all land use right, damages, of and arising out of the Collaterals are owed in arrears; or part any guarantees are created on the Collaterals in favor of such Leased Premises in accordance with this Contracta third party. 5VIII. Party A hereby represents All data and warrants that the Leased Premises shall be for the sole and exclusive use of information provided to Party B during the Lease Term, which shall not be disturbed or negatively affected by Party A or other third partiesin relation to the Collaterals is true, lawful, accurate and complete. IX. If The grant of the sole, exclusive or normal use mortgages by Lessee is disturbed or negatively affected in any way, Party B A shall not be required to pay the rental for abnormality is eliminated damage legal benefits of any third party, nor go against legal and shall be entitled to terminate this Contract in accordance with Article 13.2 agreed obligations of this Contract.Party A.

Appears in 1 contract

Sources: Working Capital Borrowing Contract (Sooner Holdings Inc /Ok/)

Representations and Warranties by Party A. 1I. Party A has clearly known and understood the scope of business, and authorized powers, of Party B. II. Party A undertakes to lease has already read this Contract and all terms of principal contracts. Meanwhile, Party B has made interpretation for certain terms of this Contract and principal contracts at the remnant 3 floor of the Factory Building to Ningbo Thermadyne Cutting and Welding Equipment Trading Co., Ltd., an affiliate company request of Party BA. And Party A has fully known and understood the meanings of, under and legal consequences that may arise from, the same applicable terms and conditions of this ContractContract and principal contracts. 2III. Party A undertakes that all staff, visitors and clients of Party B will be given access is eligible to the Leased Premises through the nearest public passage at any time during the Lease Term of this Contractact as a guarantor, and that Party B will be allowed its guarantees hereunder conform to use all pathslaws, routes administrative regulations, rules, and its articles of association or any road internal organization documents. Meanwhile, its guarantees hereunder have been approved by its internal authoritative organizations and/or authoritative authorities of the similar nature, either existing or to be constructed in the vicinity of the Leased Premises, or any road connecting to the Leased Premises. 3State. Party A undertakes that it will use its best efforts to provide shall be liable for all the necessary documentation and any other assistance necessary for Party B to changeliabilities arising out of unauthorized execution of this Contract by it, with the relevant authority, its registered address to the address of the Factory Building. 4. Party A represents and warrants that it is the sole owner of the Leased Premises, the land use right hereunder has been legally and properly granted to and placed under the name of Party A, and Party A has paid in full the price and all taxes and fees for or in relation to the land use right (including but not limited to the entire land use right granting fee); full indemnifications for losses caused to Party B. IV. Party A further represents and warrants confirms that it has obtained fully known and understood assets, obligations, operation, credit and reputation of the debtor, and eligibility and authorities of the debtor to sign the principal contracts, and all approvalscontents contained in principal contracts. V. Party A owns and has the right to dispose the Collaterals according to law. The Collaterals are not the public facilities, permits, consents and authorizations (including but which are not limited allowed to all approvals, permits and authorizations as required by the law be circulated or its corporate documents) necessary to empower it to provide the whole Leased Premises to a foreign invested enterprise for the purpose set out in this Contracttransferred; and that no dispute on the Leased Premises is ownership of the Collaterals exists. VI. The Collaterals are not co-owned, or the mortgages hereunder have been agreed on by other co-owners in writing if the Collaterals are co-owned. VII. The Collaterals are free of any defect or encumbrance or defect of right of any kind which may affect the use by that has not been notified to Party B in writing, including but without limitation as follows: the Collaterals are limited for circulation, sealed, seized, monitored, leased or created a lien; or the acquisition prices, repair and maintenance fees, construction prices, national taxes, considerations for the grant of all land use right, damages, of and arising out of the Collaterals are owed in arrears; or part any guarantees are created on the Collaterals in favor of such Leased Premises in accordance with this Contracta third party. 5VIII. Party A hereby represents All data and warrants that the Leased Premises shall be for the sole and exclusive use of information provided to Party B during the Lease Term, which shall not be disturbed or negatively affected by Party A or other third partiesin relation to the Collaterals is true, lawful, accurate and complete. IX. If The grant of the sole, exclusive or normal use mortgages by Lessee is disturbed or negatively affected in any way, Party B A shall not be required to pay the rental for abnormality damage legal benefits of any third party, nor go against legal and agreed obligations of Party A. This Maximum Mortgage Contract is eliminated and shall be entitled to terminate this Contract in accordance with Article 13.2 of this Contractnumbered as “2009 ▇▇▇▇ ▇▇▇▇ ▇▇▇ ▇▇▇ Di Zi, No. 28”.

Appears in 1 contract

Sources: Maximum Mortgage Contract (Sooner Holdings Inc /Ok/)