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RES 17969
City of Pleasanton
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RES 17969
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11/7/2017 3:56:57 PM
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11/7/2017 3:38:37 PM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
10/17/2017
DESTRUCT DATE
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DOCUMENT NO
17969
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Section 8 7 Right to Pay Taxes and Senior Mortgage. All Lenders shall have the right <br /> (but not the obligation) to pay any taxes payable by Lessor with respect to the Leased Premises, <br /> and to cure any monetary or nonmonetary default by Lessor under any mortgage or other <br /> encumbrance on the Leased Premises which has priority over this Lease, and, if a Lender does so <br /> pay or cure, Lessor agrees that it will reimburse the Lender for the amount thereof promptly <br /> following request by the Lender therefor <br /> ARTICLE 9 <br /> REPRESENTATIONS, WARRANTIES AND COVENANTS <br /> Section 9 1 Representations, Warranties and Covenants of Lessor As an inducement <br /> to Lessee to enter into and proceed under this Lease, Lessor warrants and represents to Lessee as <br /> follows, which warranties, representations and covenants are true and correct as of the date of <br /> this Lease, to the actual knowledge of Lessor <br /> (a) Lessor has good and marketable, fee simple title to the Leased Premises, <br /> subject only to encumbrances of record or disclosed in writing to Lessee ("Permitted <br /> Encumbrances"), and has the right, power and authonty to enter into this Lease and to lease the <br /> Leased Premises to Lessee in accordance with the terms, provisions and conditions contained in <br /> this Lease, and no other party has any right or option to or in connection with Lessor's interest in <br /> the Leased Premises; and Lessor shall not encumber the fee interest in the Leased Premises <br /> without Lessee's prior wntten consent <br /> (b) there is no litigation or action, pending or threatened, affecting the Leased <br /> Premises or any streets or other public nghts-of-way abutting or serving the Leased Premises; <br /> (c) Lessor has received no wntten notice and has no knowledge, nor has <br /> Lessor been otherwise advised, of any pending or threatened Taking relating to all or any part of <br /> the Leased Premises; <br /> (d) Lessor has received no wntten notice and has no actual knowledge of the <br /> intention of any party holding an easement affecting the Leased Premises or any part thereof to <br /> expand the exercise of any such easement beyond the current scope permitted by the applicable <br /> Permitted Encumbrance, <br /> (e) the entry by Lessor into this Lease with Lessee and the performance of all <br /> of the terms, provisions and conditions contained herein will not, or with the giving of notice or <br /> the passage of time, or both, would not, violate or cause a breach or default under any other <br /> agreement relating to the Leased Premises to which Lessor is a party or by which it is bound, <br /> including, without limitation, the Permitted Encumbrances; <br /> (0 except as disclosed to Lessee or as is apparent from Lessee's inspection, <br /> there is no tenant, lessee or other occupant of the Leased Premises having any right or claim to <br /> possession or use of the Leased Premises; <br /> 24 <br /> 191\52\1656915 8 <br /> OAK ff4834-9609-1684 v9 <br />
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