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c.

Landlord is not in default in the performance of any of its obligations under the Lease and there is not now any fact or condition which, with notice or lapse of time or both, would constitute such a default.  

d.

To Landlord’s knowledge, Assignor is not in default in the performance of any of its obligations under the Lease there is not now any fact or condition which, with notice or lapse of time or both, would constitute such a default.  

e.

To Landlord’s knowledge, there are no claims or threatened claims outstanding against Assignor that arose or may arise in connection with the Premises.

f.

Assignor does not have any unpaid obligations to Landlord for labor, service or materials provided in connection with the Premises.

g.

Assignor has paid all fixed and additional rent and all other sums due and payable under the Lease in full and the rental payment for the month of ____________ has been prepaid in full.

h.

The commencement of the Lease term is _______ and the end of the Lease term is _______, unless sooner terminated as provided in the Lease.

i.

Landlord does not have any right to cancel or terminate the Lease prior to the expiration of the term of the Lease.  

5.

Amendment of Lease.  Notwithstanding anything to the contrary contained in the Lease, the Lease is hereby expressly modified and supplemented as follows: [INSERT AS APPLICABLE]

6.

Indemnifications.  Assignor shall, at its own cost and expense, protect, defend, indemnify and save Assignee, its parents, subsidiaries and affiliates, and its successors and assigns, harmless from and against any and all losses, claims, demands, damages, liabilities, costs, expenses (including, but not limited to, reasonable attorneys’ fees), judgments and amounts paid in settlement in connection with any threatened, pending or completed action, suit, claim, proceeding or investigation arising out of, pertaining to or resulting in any way from: (a) the breach of any representation, warranty or agreement of Assignor set forth in this Assignment; (b) the failure of Assignor to perform any obligation required by this Assignment to be performed by Assignor; (c) the use or occupancy of the Premises by Assignor or Assignor’s agents, employees, contractors or invitees prior to the Effective Date; or (d) any acts or omissions of Assignor or Assignor’s agents, employees, contractors or invitees.  Assignor shall defend any claim covered by this indemnity using counsel reasonably acceptable to Assignee.

Assignee shall, at its own cost and expense, protect, defend, indemnify and save Assignor, its parents, subsidiaries and affiliates, and its successors and assigns, harmless from and against any and all losses, claims, demands, damages, liabilities, costs, expenses (including, but not limited to, reasonable attorneys’ fees), judgments and amounts paid in settlement in connection with any threatened, pending or completed action, suit, claim, proceeding or investigation arising out of, pertaining to or resulting in any way from: (a) the breach of any representation, warranty or agreement of Assignee set forth in this Assignment; (b) the failure of Assignee to perform any obligation required by this Assignment to be performed by Assignee; (c) the use or occupancy of the Premises by Assignee or Assignee’s agents, employees, contractors or invitees after the Effective Date; or (d) any acts or omissions of Assignee or Assignee’s agents, employees, contractors or invitees.  Assignee shall defend any claim covered by this indemnity using counsel reasonably acceptable to Assignor.

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