86101329 - Laserfiche WebLink

Browse

101329 Assignor has not executed any prior sublease or assignment which 1 is presently outstanding; that Assignor has not performed any act or executed any instrument which might prevent Assignee from operating under any of the terms and conditions of the Lease or the Option or this Assignment, or which would limit Assignee in any way in such operation; and Assignor further covenants and warrants to Assignee that it has not executed or granted any modification, amendment, renewal or extension of said Lease or Option, except as herein indicated on the attached Exhibit "A ", and that said Lease and Option were in full force and effect at date of Assignee's taking possession of the premises under that certain Management Agreement dated as of October 1, 1984, (the "Management Agreement "), that to the best of Assignor's knowledge they are in full force and effect at date hereof and that there are no defaults now outstanding under said Lease or Option or any of their provisions. Assignor further warrants and covenants that it has full power and authority to enter into this Assignment, and that the leasehold and option interests assigned are now free and clear of any lien, charge or encumbrance created or permitted by Assignor, except as herein indicated or as indi- cated in that Asset Purchase Agreement dated September 28, 1984 (the "Asset Purchase Agreement ") between Beverly Enterprises; Beverly Enterprises- Kansas, Inc., Beverly Enterprises - Nebraska, Inc., South Dakota - Beverly Enterprises, Inc., Beverly Enterprises - Pennsylvania, Inc. and Med West Health Care Management Corporation, Dean Beebe and Milo Gene Harmon, and any Exhibits thereto. Assignee hereby acknowledges that its rights and remedies for any breach of a warranty or misrepresentation made by Assignor herein shall be as set forth in the Asset Purchase Agreement. Assignee hereby covenants and warrants that it hereby assumes the Lease and Option and that it will hereafter faith- fully and fully perform each and every obligation., duty and con- dition provided for and set forth in the Lease and Option, and u