Common use of Representations of Lessor Clause in Contracts

Representations of Lessor. Lessor represents and warrants to Lessee that: 5.1.1. Lessor has the requisite corporate, partnership or limited liability company capacity to enter into this Agreement and fulfill its obligations hereunder, that the execution and delivery by it of this Agreement and the performance by it of its obligations hereunder have been duly authorized by all requisite action of its stockholders, partners or members, and by its board of directors or other governing body, and that the entering into of this Agreement and the fulfillment of its obligations hereunder does not contravene any law, statute or contractual obligation of Lessor; (a) this Agreement constitutes Lessor's legal, valid and binding obligation enforceable against it in accordance with its terms, except as may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, and other similar laws now or here- after in effect relating to creditors' rights generally, (b) each person or entity signing this Agreement on behalf of Lessor is authorized to do so, (c) Lessor has the unrestricted right, power and authority to enter into and perform its obligations under this Agreement and to grant the rights granted to Lessee hereunder, and (d) no other person (including any spouse) is required to approve or execute this Lease in order for it to be fully enforceable as against all interests in the Property; 5.1.3. no suit, action or arbitration, or legal administrative or other proceeding is pending or has been threatened against the Lessor that would have a material adverse effect on the validity or enforceability of this Agreement or the ability of Lessor to fulfill its commitments hereunder, or that could result in any material adverse change in the business or financial condition of Lessor; 5.1.4. Lessor owns the Premises in fee simple, subject to no liens or encumbrances except as set forth in Exhibit B. All persons having any ownership or possessory interest in the Premises (including spouses) are signing this Agreement. Each spouse signing this Agreement agrees that any rights such spouse may have shall be subject and subordinate to this Agreement and the easements and other rights granted hereby;

Representations of Lessor. Lessor represents and warrants to Lessee that: 5.1.1. 6.1.1 Lessor has the requisite corporate, partnership or limited liability company capacity to enter into this Agreement and fulfill its obligations hereunder, that the execution and delivery by it of this Agreement and the performance by it of its obligations hereunder have been duly authorized by all requisite action of its stockholders, partners or members, and by its board of directors or other governing body, and that the entering into of this Agreement and the fulfillment of its obligations hereunder does not contravene any law, statute or contractual obligation of Lessor; (a) this 6.1.2 This Agreement constitutes Lessor's legal, valid and binding obligation enforceable against it in accordance with its terms, except as may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, and other similar laws now or here- after hereafter in effect relating to creditors' rights generally, (b) each person or entity signing this Agreement on behalf of Lessor is authorized to do so, (c) Lessor has the unrestricted right, power and authority to enter into and perform its obligations under this Agreement and to grant the rights granted to Lessee hereunder, and (d) no other person (including any spouse) is required to approve or execute this Lease in order for it to be fully enforceable as against all interests in the Property; 5.1.3. no 6.1.3 No suit, action or arbitration, or legal administrative or other proceeding is pending or has been threatened against the Lessor that would have a material adverse effect on the validity or enforceability of this Agreement or the ability of Lessor to fulfill its commitments hereunder, or that could result in any material adverse change in the business or financial condition of Lessor; 5.1.4. 6.1.4 Lessor owns the Premises in fee simple, subject to no liens or encumbrances except as set forth in Exhibit B. All persons having any ownership or possessory interest in the Premises (including spouses) are signing this Agreement. Each spouse signing this Agreement agrees that any rights such spouse may have shall be subject and subordinate to this Agreement and the easements and other rights granted hereby; 6.1.5 There are no k n o w n Hazardous Materials on or under the Project Site. “Hazardous Materials” means any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic under any applicable law, and asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas); and