Validity of the Lease Clause Samples

The 'Validity of the Lease' clause establishes the legal effectiveness and enforceability of the lease agreement between the parties. It typically outlines the conditions under which the lease is considered valid, such as proper execution by all parties, compliance with applicable laws, and the absence of fraud or misrepresentation. This clause ensures that both landlord and tenant have a clear understanding that the lease is binding and that their respective rights and obligations are protected, thereby preventing disputes over the legitimacy of the agreement.
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Validity of the Lease. Landlord and Tenant acknowledge that the Existing Lease, as amended hereby, is a valid and enforceable agreement and that Tenant holds no claims against Landlord and its agents which might serve as a basis of any setoff accruing against the rent or other charges or any remedy at law or in equity.
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Validity of the Lease. This lease is valid only upon the execution by Landlord and Tenant of Exhibit G, that certain FOURTH AMENDMENT to that certain Lease dated August 15, 1994 along with its Addendum, Second Addendum, First Amendment, Second Amendment, and Third Amendment.
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Validity of the Lease. A challenge to the existence or the validity of the lease does not necessarily import a challenge to the court’s jurisdiction. For example, the complaint may allege the existence of a written lease where the parties had only a month-to-month tenancy. The application of § 83.60(2) would appear to require the deposit of the accrued rent to raise this defense. Lease provision that, “renewal at the then prevailing market rate for comparable commercial office properties,” has been held too vague or indefinite to be enforceable. ▇▇▇▇▇▇▇▇▇ v. 1830 N. Bayshore, LLC, 253 So. 3d 699, 703 (Fla. 3d DCA 2018) While a lease may be rescinded for fraud relating to an existing fact, as a general rule, rescission will not be granted for failure to perform a covenant or promise to do an act in the future, unless the covenant breached is a dependent one. AVVA-BC, LLC ▇. ▇▇▇▇▇, 25 So. 3d 7 (Fla. 3d DCA 2009). ▇▇▇▇▇▇ v. Florida State Fair Authority, 974 So. 2d 470 (Fla. DCA 2008) distinguished between a license and a lease, holding that a license does not confer an interest in the land but merely gives the licensee the authority to do a particular act on another's land. 1. Rule Against Perpetuities. Leases in perpetuity are universally disfavored, thus the courts are loath to construe a right to renewal as perpetual, and will not do so unless the language of the agreement clearly and unambiguously compels them to do so. Chessmasters, Inc. ▇. ▇▇▇▇▇▇▇, 948 So. 2d 985 (Fla. 4th DCA 2007). 2. Statute of Frauds § 689.01, Fla. Stat. Lease must comply with § 689.01 which requires any lease for a term of more than one year to be in writing, signed in the presence of two subscribing witnesses except for conveyances by corporations. Skylake Ins. Agency, Inc. v. NMB Plaza, LLC, ▇▇ ▇▇. 3d 175 (Fla. 3d DCA 2009). Estoppel may be used to preclude a party from advancing the Statute of Frauds defense where that party to the lease has accepted benefits under the lease, either rent or possession, and otherwise performs as though lease is valid. Where a party has performed as though the lease was valid, in equity they ought not to be permitted to disavow it. S & I Investments v. Payless Flea Market, Inc., 36 So.3d 909 (Fla. 4th DCA 2010).
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Validity of the Lease. This Lease shall be executed in six counterparts, 4 of which shall be held by the Lessor and 2 of which shall be held by the Lessee. The lease shall be effective upon being executed and affixed with seal by the representatives of both parties. Lessor: BOE Estate Management Division Representative: /s/ ▇▇▇▇ ▇▇▇ Date: August 12, 2009 Lessee: Beijing 21Vianet Broad Band Data Center Co., Ltd. Legal Representative: /s/ authorized representative Date: August 11, 2009 Exhibit Party A (the Lessor): BOE Estate Management Division Party B (the Lessee): Beijing 21Vianet Broad Band Data Center Co., Ltd.
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Validity of the Lease. This Lease shall be executed in six counterparts, with the Lessor holding 4 copies and the Lessee holding 2 copies. The lease shall be effective upon execution and seal by the representatives of both parties. Lessor: BOE Estate Management Division (company seal) Legal Representative: /s/ ▇▇▇▇ ▇▇▇ Date: April 30, 2010 Lessee: Beijing 21Vianet Broad Band Data Center Co., Ltd. (company seal) Legal Representative: /s/ authorized representative Date: Exhibit 1 Leased Premise Schematic Diagram Exhibit 3 Party A (the Lessor): BOE Estate Management Division Party B (the Lessee): Beijing 21Vianet Broad Band Data Center Co., Ltd. Term: from May 1st, 2010 to April 30, 2015 In order to protect the personal and property safety of all the clients and employees in the area, and to create a safe, harmonious, and green working and living environment, in accordance with the Production Safety Law of People’s Republic of China, Party A and Party B hereby enter into the following agreement after friendly negotiation. 1. Both parties shall comply with the Fire Prevention Law of People’s Republic of China, the Production Safety Regulations of Beijing, the Provisional Regulations on Check and Control of Hidden Risk Related to Production Accidents, the Fire prevention Administrative Rules for Organization, Enterprise and Institution, the Security Administrative Rules for Organization, Enterprise and Institution of Beijing Chaoyang District, and other relevant rules and regulations of the state and rules and regulations of Party A regarding security management of the science and technology area. 2. Party A has given a detailed introduction about the area to Party B before entering in to a Lease, especially rules and requirements regarding safety management in the Area; Party B has promised to comply with all these rules and requirements. 3. Party A shall improve information communication with Party B in respect of safety, and assist with Party B’s familiarity with updated laws and regulations of the state. 4. On the condition that Party B provides access and egress, Party A shall be in charge of an annual inspection and test of all the tubes and valves of the fire hydrants in interior walls, and the maintenance, repair and renewal of the above mentioned facilities; the inspection results shall be submitted to Party B in the form of report. 5. The safety management department of Party A has the rights to inspect and examine fire prevention, security and check and control of hidden r...
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Related to Validity of the Lease

  • of the Lease Notwithstanding any other provisions of the Lease or the Participation Agreement or the Indenture, each Stipulated Loss Value shall be, under any circumstances and in any event, an amount, together with so much of the arrears portion of Basic Rent due and owing through the date of payment of Stipulated Loss Value as does not constitute an Excepted Payment, at least sufficient to pay in full as of such date of payment the aggregate unpaid principal amount of and accrued interest on the Certificates outstanding on such date of payment. Subject to the immediately preceding sentence, it is understood and agreed that the amounts set forth on Schedule III of the Lease, for dates other than Rent Payment Dates on which arrears Basic Rent is due, fully reflect appropriate Basic Rent accruals and credits of unearned Basic Rent and, accordingly, no further accrual or credit shall be required whenever Stipulated Loss Value is to be calculated with reference to any such date.

  • Use of the Leased Property (a) Tenant shall use or cause to be used the Leased Property and the improvements thereon of each Facility for its Primary Intended Use. Tenant shall not use the Leased Property or any portion thereof or any Capital Improvement thereto for any other use without the prior written consent of Landlord, which consent Landlord may withhold in its sole discretion. Landlord acknowledges that operation of each Facility for its Primary Intended Use generally requires a Gaming License under applicable Gaming Regulations and that without such a license neither Landlord nor GLP may operate, control or participate in the conduct of the gaming and/or racing operations at the Facilities. (b) Tenant shall not commit or suffer to be committed any waste on the Leased Property (including any Capital Improvement thereto) or cause or permit any nuisance thereon or to, except as required by law, take or suffer any action or condition that will diminish the ability of the Leased Property to be used as a Gaming Facility after the expiration or earlier termination of the Term. (c) Tenant shall neither suffer nor permit the Leased Property or any portion thereof to be used in such a manner as (i) might reasonably tend to impair Landlord’s title thereto or to any portion thereof or (ii) may make possible a claim of adverse use or possession, or an implied dedication of the Leased Property or any portion thereof. (d) Except in instances of casualty or condemnation, Tenant shall continuously operate each of the Facilities for the Primary Intended Use. Tenant in its discretion shall be permitted to cease operations at a Facility or Facilities if such cessation would not reasonably be expected to have a material adverse effect on Tenant, the Facilities, or on the Leased Property, taken as a whole, provided that the following conditions are satisfied: (i) no Event of Default has occurred and is continuing immediately prior to or immediately after the date that operations are ceased or as a result of such cessation; and (ii) the Percentage Rent due from each and every such Facility whose operations have ceased will thereafter be subject to a floor which will be calculated based on the Percentage Rent that would have been paid for such Facility if Percentage Rent were adjusted based on Net Revenues for the Fiscal Year immediately preceding the time that Tenant ceased operations at the Facility.

  • Extension of Lease Term The Term of the Lease shall be extended (the “Extension Term”) commencing December 11, 2021 (the “Extension Term Commencement Date”) and expiring June 30, 2024.

  • Term of the Lease The lease begins at p.m. on (the “Check-in Date”) and ends at a.m. on (the “Checkout Date”).

  • Assignment; Sublease 19.1 Lessor may sell, assign or otherwise transfer all or any part of its right, title and interest in and to the Equipment and/or this Lease Agreement to a third-party assignee, subject to the terms and conditions of this Lease Agreement including, but not limited to, the right to the quiet enjoyment of the Equipment by Lessee as set forth in Section 7.1 above. Such assignee shall assume all of the rights and obligations of Lessor under this Lease Agreement and shall relieve Lessor therefrom. Thereafter, all references to Lessor herein shall mean such assignee. Notwithstanding any such sale, assignment or transfer, the obligations hereunder shall remain absolute and unconditional as set forth in Section 7.2 above. 19.2 Lessor may also pledge, mortgage or grant a security interest in the Equipment and assign this Lease Agreement as collateral. Each such pledgee, mortgagee, lienholder or assignee shall have any and all rights as may be assigned by Lessor but none of the obligations of Lessor hereunder. Any pledge, mortgage or grant of security interest in the Equipment or assignment of this Lease Agreement shall be subject to the terms and conditions hereof including, but not limited to, the right to the quiet enjoyment of the Equipment by Lessee as set forth in Section 7.1 above. Lessor, by reason of such pledge, mortgage, grant of security interest or collateral assignment, shall not be relieved of any of its obligations hereunder which shall remain absolute and unconditional as set forth in Section 7.2 above. Upon the written request of Lessor, Lessee shall acknowledge such obligations the pledgee, mortgagee, lienholder or assignee. 19.3 LESSEE SHALL NOT SELL, TRANSFER, ASSIGN, SUBLEASE, CONVEY OR PLEDGE ANY OF ITS INTEREST IN THIS LEASE AGREEMENT OR ANY OF THE EQUIPMENT, WITHOUT THE PRIOR WRITTEN CONSENT OF LESSOR. Any such sale, transfer, assignment, sublease, conveyance or pledge, whether by operation of law or otherwise, without the prior written consent of Lessor, shall be void.