Common use of Tenant Representation and Warranty Clause in Contracts

Tenant Representation and Warranty. To Tenant’s knowledge, Tenant hereby represents and warrants to Landlord that (i) Tenant has not been required by any prior landlord, lender, or Governmental Authority at any time to take remedial action in connection with Hazardous Materials contaminating a property, which contamination was permitted by Tenant or resulted from Tenant’s action or use of the property in question, and (ii) Tenant is not subject to any enforcement order issued by any Governmental Authority in connection with the use, storage, handling, treatment, generation, release or disposal of Hazardous Materials (including, without limitation, any order related to the failure to make a required reporting to any Governmental Authority). If Landlord determines that this representation and warranty was not true as of the date of this Lease, Landlord shall have the right to terminate this Lease in Landlord’s sole and absolute discretion. For purposes of this paragraph, “Tenant’s knowledge” means the current, actual knowledge of ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, General Counsel of Tenant, with no duty to inquire or investigate. ▇▇. ▇▇▇▇▇▇, who shall have no personal liability whatsoever under this Lease or otherwise, is the individual within Tenant’s organization who possesses the most knowledge about Tenant’s representation and warranty in this paragraph.