15 - Grand Theater Management Agreement

Home Browse Search

8/15/18 (e) Quiet Enjoyment. During the Term of this LEASE and subject to the terms of this LEASE, PROJECT shall have the quiet enjoyment and peaceable possession of the Leased Premises against hindrance or disturbance by CITY or any person or entity acting by, through or under CITY. (f) Proceedings. There are no actions, suits or proceedings pending or, to the reasonable best knowledge of CITY, threatened or asserted against CITY affecting CITY or any portion of the Leased Premises, at law or at equity or before or by any federal, state, municipal or other governmental department, commission, board, bureau, agency or instrumentality, domestic or foreign. (g) hM� ositions. CITY has not received any notice of any condemnation actions, special assignments or increases in the assessed valuation of taxes or any Impositions of any nature which are pending or being contemplated with respect to the Leased Premises or any portion thereof. (h) Compliance with Laws. CITY has not received any notice of any violation of any ordinance, regulation, law or statute of any governmental agency pertaining to the theater or any portion thereof. (i) Encumbrances. CITY has fee simple title to the Grand Theater, Improvements and Related Infrastructure which are subject to no liens or security interests, and CITY has not placed or granted any liens or security interests against the Leased Premises. There are no actions pending, to the knowledge of CITY, which would result in the creation of any lien on any portion of the Leased Premises, including, without limitation, water, sewage, street paving, electrical or power improvements which give rise to any lien, completed or in progress. CITY shall not grant any liens or security interest on all or any portion of the theater other than encumbrances which will not affect PROJECT's use or enjoyment of the property. 0) Limitations. Except as otherwise expressly provided herein this LEASE is made by CITY without representation or warranty of any kind, either express or implied, as to the condition of the Grand Theater, its merchantability, its condition or its fitness for PROJECT's intended use or for any particular purpose. m ' .m.._ ..1 ........... ...... —..... _ .._ ... Covenants. 11. . PROJECT's s Re�rresentations Warranties andSecial Covenan, (a) Existence. PROJECT is duly organized and validly existing under the laws of, and is authorized to do business in, the State of Texas. (b) PROJECT covenants and agrees it is an independent contractor and not an officer, agent, servant or employee of CITY; that PROJECT shall have exclusive right and authority to control services to be performed hereunder and all persons performing same, and shall be responsible for the acts and omissions of its officers, agents, employees, contractors, subcontractors, and consultants; and that nothing contained herein shall be construed as 12