Estoppel Certificate. Tenant shall, within ten (10) business days after receipt of written notice from Landlord, execute, acknowledge and deliver a statement in writing substantially in the form attached to this Lease as [Exhibit H], or on any other commercially reasonable form requested by a current or proposed Lender or encumbrancer or proposed purchaser, # certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease as so modified is in full force and effect) and the dates to which rental and other charges are paid in advance, if any, # acknowledging that there are not, to Tenant’s knowledge, any uncured defaults on the part of Landlord hereunder, or specifying such defaults if any are claimed, and # setting forth such further information with respect to this Lease or the Premises as may be reasonably requested thereon. Any such statements may be relied upon by any prospective purchaser or encumbrancer of all or any portion of the Property. If Tenant fails to timely deliver such statement within the prescribed time, Landlord shall send a second notice and if Tenant fails to respond to such second notice (by delivery of a signed estoppel) within three (3) business days, Tenant’s failure to timely deliver such statement shall, at Landlord’s option, constitute a Default (as defined below) under this Lease, and, in any event, shall be binding upon Tenant that the Lease is in full force and effect and without modification except as may be represented by Landlord in any certificate prepared by Landlord and delivered to Tenant for execution. Within ten (10) business days of receipt of a written request by Tenant, Landlord shall provide Tenant with a similar commercially reasonable estoppel certificate (but in all cases limited to Landlord’s actual knowledge (without any duty of inquiry or investigation)) as Landlord reasonably deems appropriate and as otherwise reasonably modified by Landlord.
Estoppel Certificate. Tenant shall, within ten (10)10 business days after receipt of written notice from Landlord, execute, acknowledge and deliver a statement in writing substantially in theany form attached to this Lease as [Exhibit H], or on any other commercially reasonable formreasonably requested by a currentproposed lender or proposed Lender or encumbrancer or proposed purchaser, # certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease as so modified is in full force and effect) and the dates to which the rental and other charges are paid in advance, if any, # acknowledging that there are not, to Tenant’s knowledge,not any uncured defaults on the part of Landlord hereunder, or specifying such defaults if any are claimed, and # setting forth such further information with respect to the status of this Lease or the Premises as may be reasonably requested thereon. Any such statementsstatement may be relied upon by any prospective purchaser or encumbrancer of all or any portion of the Property. If Tenant failsreal property of which the Premises are a part. Tenants failure to timely deliver such statement within the prescribed time, Landlord shall send afive (5) business days following Landlords second notice and if Tenant fails to respond to such second notice (by delivery of a signed estoppel) within three (3) business days, Tenant’s failure to timely deliver such statementrequest therefor shall, at Landlord’s option,the option of Landlord, constitute a Default (as defined below) under this Lease, and, in any event, shall be bindingconclusive upon Tenant that the Lease is in full force and effect and without modification except as may be represented by Landlord in any certificate prepared by Landlord and delivered to Tenant for execution. Within ten (10) business days of receipt of a written request by Tenant, Landlord shall provide Tenant with a similar commercially reasonable estoppel certificate (but in all cases limited to Landlord’s actual knowledge (without any duty of inquiry or investigation)) as Landlord reasonably deems appropriate and as otherwise reasonably modified by Landlord.
Estoppel Certificate. Tenant shall, within ten (10)10 business days after receipt of written notice from Landlord, execute, acknowledge and deliver a statement in writing substantially in theany form attached to this Lease as [Exhibit H], or on any other commercially reasonable formreasonably requested by a currentproposed lender or proposed Lender or encumbrancer or proposed purchaser, # certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease as so modified is in full force and effect) and the dates to which the rental and other charges are paid in advance, if any, # acknowledging that there are not, to Tenant’s knowledge,not any uncured defaults on the part of Landlord hereunder, or specifying such defaults if any are claimed, and # setting forth such further information with respect to the status of this Lease or the Premises as may be reasonably requested thereon. Any such statementsstatement may be relied upon by any prospective purchaser or encumbrancer of all or any portion of the Property. If Tenant failsreal property of which the Premises are a part. Tenants failure to timely deliver such statement within the prescribed time, Landlord shall send a second notice and if Tenant fails to respond to such second notice (by delivery of a signed estoppel) within three (3) business days, Tenant’s failure to timely deliver such statement shall, at Landlord’s option, constitute a Default (as defined below) under this Lease, and, in any event,time shall be bindingconclusive upon Tenant that the Lease is in full force and effect and without modification except as may be represented by Landlord in any certificate prepared by Landlord and delivered to Tenant for execution. Within ten (10) business days of receipt of a written request by Tenant, Landlord shall provide Tenant with a similar commercially reasonable estoppel certificate (but in all cases limited to Landlord’s actual knowledge (without any duty of inquiry or investigation)) as Landlord reasonably deems appropriate and as otherwise reasonably modified by Landlord.
Estoppel Certificate. Tenant shall,agrees from time to time, within ten (10) business days after receiptrequest of written notice from Landlord, execute, acknowledge andto deliver a statement in writing substantially in the form attached to this Lease as [Exhibit H],Landlord, or on any other commercially reasonable form requested by a current or proposed Lender or encumbrancer or proposed purchaser, # certifyingLandlords designee, an estoppel certificate stating that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease as so modified is in full force and effect) andeffect, that this Lease has not been modified (or stating all modifications, written or oral, to this Lease), the datesdate to which rental and other charges are paid in advance, if any, # acknowledgingRent has been paid, the unexpired portion of this Lease, that there are not, to Tenant’s knowledge,no current defaults by Landlord or Tenant under this Lease (or specifying any uncured defaults onsuch defaults), that the partleasehold estate granted by this Lease is the sole interest of Landlord hereunder, Tenant in the Premises and/or specifyingthe land at which the Premises are situated, and such defaults if any are claimed, and # setting forth such further information with respectother matters pertaining to this Lease or the Premises as may be reasonably requested thereon. Anyby Landlord or any mortgagee, beneficiary, purchaser or prospective purchaser of the Building or Project or any interest therein. Failure by Tenant to execute and deliver such certificate shall constitute an acceptance of the Premises and acknowledgment by Tenant that the statements included are true and correct without exception. Tenant agrees that if Tenant fails to execute and deliver such certificate within such ten (10) day period, Landlord may execute and deliver such certificate on Tenants behalf and that such certificate shall be binding on Tenant. Landlord and Tenant intend that any statement delivered pursuant to this Paragraph may be relied upon by any mortgagee, beneficiary, purchaser or prospective purchaser of the Building or encumbrancer of allProject or any portioninterest therein. The parties agree that Tenants obligation to furnish such estoppel certificates in a timely fashion is a material inducement for Landlords execution of the Property. If Tenant fails to timely deliver such statement within the prescribed time, Landlordthis Lease, and shall send a second notice andbe an Event of Default if Tenant fails to respond to such second notice (by delivery of a signed estoppel) within three (3) business days, Tenant’s failure to timely deliver such statement shall, at Landlord’s option, constitute a Default (as defined below) under this Lease, and,fully comply or makes any material misstatement in any event, shall be binding upon Tenant that the Lease is in full force and effect and without modification except as may be represented by Landlord in any certificate prepared by Landlord and delivered to Tenant for execution. Within ten (10) business days of receipt of a written request by Tenant,such certificate. Landlord shall provide Tenant with a similar commercially reasonable estoppel certificate (but in all cases limited to Landlord’s actual knowledge (without any dutywithin ten (10) days after request of inquiry or investigation)) as Landlord reasonably deems appropriate and as otherwise reasonably modified by Landlord.Tenant.
Estoppel Certificate.Certificates. At any time and from time to time during the Term, Tenant shall, within ten (10) business days after receipt of written notice from Landlord,without charge, execute, acknowledge and deliver a statementto Landlord within ten (10) days after Landlords request therefor, an estoppel certificate in writing substantiallyrecordable form containing such factual certifications and other provisions as are commonly found in the form attached to this Lease as [Exhibit H], or on any other commercially reasonable formestoppel certificate forms requested by a current or proposed Lender or encumbrancer or proposed purchaser, # certifying that this Lease is unmodifiedinstitutional lenders and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease as so modified is in full force and effect) and the dates to which rental and other charges are paid in advance, if any, # acknowledging that there are not, to Tenant’s knowledge, any uncured defaults on the part of Landlord hereunder, or specifying such defaults if any are claimed, and # setting forth such further information with respect to this Lease or the Premises as may be reasonably requested thereon. Any such statements may be relied upon by any prospective purchaser or encumbrancer of all or any portion of the Property. If Tenant fails to timely deliver such statement within the prescribed time, Landlord shall send a second notice and if Tenant fails to respond to such second notice (by delivery of a signed estoppel) within three (3) business days, Tenant’s failure to timely deliver such statement shall, at Landlord’s option, constitute a Default (as defined below) under this Lease, and, in any event, shall be binding upon Tenant that the Lease is in full force and effect and without modification except as may be represented by Landlord in any certificate prepared by Landlord and delivered to Tenant for execution. Within ten (10) business days of receipt of a written request by Tenant, Landlord shall provide Tenant with a similar commercially reasonable estoppel certificate (but in all cases limited to Landlord’s actual knowledge (without any duty of inquiry or investigation)) as Landlord reasonably deems appropriate and as otherwise reasonably modified by Landlord.purchasers.
Estoppel Certificate. Tenant shall, withinESTOPPEL CERTIFICATES. Within ten (10) business days after receipt of written notice fromfollowing a request in writing by Landlord, Tenant shall execute, acknowledge and deliver a statement in writingto Landlord an estoppel certificate, which, as submitted by Landlord, shall be substantially in the form of [Exhibit D], attached to this Lease as [Exhibit H], or on anyhereto (or such other commercially reasonable form requested by a current or proposed Lender or encumbrancer or proposed purchaser, # certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease as so modified is in full force and effect) and the dates to which rental and other charges are paid in advance, if any, # acknowledging that there are not, to Tenant’s knowledge, any uncured defaults on the part of Landlord hereunder, or specifying such defaults if any are claimed, and # setting forth such further information with respect to this Lease or the Premises as may be required by any prospective mortgagee or purchaser of the Project, or any portion thereof), indicating therein any exceptions thereto that may exist at that time, and shall also contain any other information reasonably requested thereon.by Landlord or Landlord's mortgagee or prospective mortgagee. Any such statementscertificate may be relied upon by any prospective purchasermortgagee or encumbrancerpurchaser of all or any portion of the Property. IfProject. Tenant failsshall execute and deliver whatever other instruments may be reasonably required for such purposes. At any time during the Lease Term, but for so long as no Event of Default is continuing, not more than once per Lease Year except in connection with any sale or financing of the Building, Landlord may require Tenant to provide Landlord with a current financial statement and financial statements of the two (2) years prior to the current financial statement year. Such statements shall be prepared in accordance with generally accepted accounting principles and, if such is the normal practice of Tenant, shall be audited by an independent certified public accountant. Failure of Tenant to timely execute, acknowledge and deliver such statement withinestoppel certificate or other instruments shall constitute an acceptance of the prescribed time, Landlord shall send a second noticePremises and if Tenant fails to respond to such second notice (by delivery of a signed estoppel) within three (3) business days, Tenant’s failure to timely deliver such statement shall, at Landlord’s option, constitute a Default (as defined below) under this Lease, and, in any event, shall be binding uponan acknowledgment by Tenant that statements included in the Lease is in full forceestoppel certificate are true and effect andcorrect, without modification except as may be represented by Landlord in any certificate prepared by Landlord and delivered to Tenant for execution.exception. Within ten (10) business days of receipt of a written request by Tenant, Landlord shall provide Tenant with a similar commercially reasonable estoppel certificate (but in all cases limited to Landlord’s actual knowledge (without any duty of inquiry or investigation)) as Landlord reasonably deems appropriate and as otherwise reasonably modified by Landlord.
Estoppel Certificate.Landlord and Tenant shall,agree to provide to the other, within ten (10) businesstwenty (20) days after receipt ofa written notice from Landlord, execute, acknowledge and deliver a statement in writing substantially in the form attached to this Lease as [Exhibit H], or on any other commercially reasonable form requested by a current or proposed Lender or encumbrancer or proposed purchaser, #request therefor, an estoppel certificate certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease as so modified is in full force and effect) and the dates to which rental and other charges are paid in advance, if any, # acknowledging that there are not, to Tenant’s knowledge, any uncured defaults on the part of Landlord hereunder, or specifying such defaults if any are claimed, and # setting forth such further information with respect to this Lease or the Premises as may be reasonably requested thereon. Any such statements may be relied upon by any prospective purchaser or encumbrancer of all or any portion of the Property. If Tenant fails to timely deliver such statement within the prescribed time, Landlord shall send a second notice and if Tenant fails to respond to such second notice (by delivery of a signed estoppel) within three (3) business days, Tenant’s failure to timely deliver such statement shall, at Landlord’s option, constitute a Default (as defined below) under this Lease, and, in any event, shall be binding upon Tenant that the Lease is in full force and effecteffect, that the same has not been amended (or, if it has, stating the amendments which have been made), that, to its actual knowledge, there are no defaults under this lease (or, if there are, specifying such defaults), and without modification exceptsuch other matters as may reasonably be represented by Landlord in any certificate prepared by Landlord and delivered to Tenant for execution. Within ten (10) business days of receipt of a written request by Tenant, Landlord shall provide Tenant with a similar commercially reasonable estoppel certificate (but in all cases limited to Landlord’s actual knowledge (without any duty of inquiry or investigation)) as Landlord reasonably deems appropriate and as otherwise reasonably modified by Landlord.requested.
Estoppel Certificate. Tenant shall, withinAt any time and from time to time, upon not less than ten (10) business days after receiptdays prior written request, each of written notice from Landlord,Landlord or Tenant shall execute, acknowledge and deliver to the other for such requesting partys business purposes, a written statement in writing substantially incertifying, to the form attached to this Lease as [Exhibit H], or on any other commercially reasonable form requested by a current or proposed Lender or encumbrancer or proposed purchaser,extent true: # certifying that this Lease is unmodified and in full force and effect (or,(or if modified, stating the nature of such modification and certifyingthere have been modifications, that this Lease as so modified is in full force and effect) and the dates to which rental and other charges are paid in advance, if any, # acknowledging that there are not, to Tenant’s knowledge, any uncured defaults on the part of Landlord hereunder, or specifying such defaults if any are claimed, and # setting forth such further information with respect to this Lease or the Premises as may be reasonably requested thereon. Any such statements may be relied upon by any prospective purchaser or encumbrancer of all or any portion of the Property. If Tenant fails to timely deliver such statement within the prescribed time, Landlord shall send a second notice and if Tenant fails to respond to such second notice (by delivery of a signed estoppel) within three (3) business days, Tenant’s failure to timely deliver such statement shall, at Landlord’s option, constitute a Default (as defined below) under this Lease, and, in any event, shall be binding upon Tenant that the Lease is in full force and effect as modified and without modification exceptstating the modifications); # the dates to which the rent and any other charges have been paid; # to such partys knowledge, whether or not the other party is in default in the performance of any obligation, and if so, specifying the nature of such default; # the address to which notices are to be sent; # that this Lease is, subject to the terms hereof, subject and subordinate to all Mortgages encumbering the Commercial/Garage Unit or the Land; # that Tenant has accepted the Premises and that all work thereto has, to the best of Tenants knowledge, been completed (or if such work has not been completed, specifying the incomplete work); and # such other matters as such party may reasonably request. Any such statement may be representedrelied upon by Landlord inthe party requesting same, any certificate prepared by Landlord and delivered to Tenant for execution. Within ten (10) business daysprospective purchaser of receiptthe Commercial/Garage Unit or the Land, any holder or prospective holder of a written request by Tenant, Landlord shall provideMortgage or any other person or entity. Tenant with a similar commercially reasonable estoppel certificate (butacknowledges that time is of the essence to the delivery of such statements and that Tenants failure to deliver timely such statements may cause substantial damages resulting from, for example, delays in all cases limited to Landlord’s actual knowledge (without any duty of inquiry or investigation)) as Landlord reasonably deems appropriate and as otherwise reasonably modified by Landlord.obtaining financing.
Estoppel Certificate. Tenant shall, within ten (10) business days after receipt of written notice from Landlord, execute, acknowledge and deliver a statement in writing substantially in the form attached to this Lease as [Exhibit H], or on any other commercially reasonable form requestedUpon request by a current or proposed Lender or encumbrancer or proposed purchaser,Tenant, Landlord will similarly execute an estoppel certificate: # certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease as so modified is in full force and effect) and the dates to which the rental and other charges are paid in advance,advanced, if any, # acknowledging that there are not, to Tenant’Landlords knowledge, any uncured defaults on the part of LandlordTenant hereunder, or specifying such defaults if any are claimed,claimed and # setting forth such further information with respect to the status of this Lease or the Premises as may be reasonably requested thereon. Any such statements may be relied upon by any prospective purchaser or encumbrancer of all or any portion of the Property. If Tenant fails to timely deliver such statement within the prescribed time, Landlord shall send a second notice and if Tenant fails to respond to such second notice (by delivery of a signed estoppel) within three (3) business days, Tenant’s failure to timely deliver such statement shall, at Landlord’s option, constitute a Default (as defined below) under this Lease, and, in any event, shall be binding upon Tenant that the Lease is in full force and effect and without modification except as may be represented by Landlord in any certificate prepared by Landlord and delivered to Tenant for execution. Within ten (10) business days of receipt of a written request by Tenant, Landlord shall provide Tenant with a similar commercially reasonable estoppel certificate (but in all cases limited to Landlord’s actual knowledge (without any duty of inquiry or investigation)) as Landlord reasonably deems appropriate and as otherwise reasonably modified by Landlord.
Estoppel Certificate. Tenant shall, withinWithin ten (10) business days after receipt of written notice from Landlord,following a request in writing by , shall execute, acknowledge (if acknowledgment is expressly requested) and deliver a statement in writingto an estoppel certificate, which, as submitted by , shall be substantially in the form of Exhibit E, attached to this Lease as [Exhibit H], or on anyhereto (or such other commercially reasonable form requested by a current or proposed Lender or encumbrancer or proposed purchaser, # certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease as so modified is in full force and effect) and the dates to which rental and other charges are paid in advance, if any, # acknowledging that there are not, to Tenant’s knowledge, any uncured defaults on the part of Landlord hereunder, or specifying such defaults if any are claimed, and # setting forth such further information with respect to this Lease or the Premises as may be reasonably required by any prospective mortgagee or purchaser of the Project, or any portion thereof), indicating therein any exceptions thereto that may exist at that time, and shall also contain any other information reasonably requested thereon.by or ’s mortgagee or prospective mortgagee; provided, however, that if such estoppel certificate is not factually correct, then may make such changes as are necessary to make such estoppel certificate factually correct and shall thereafter return such signed estoppel certificate to within said ten (10) business day period. Any such statementscertificate may be relied upon by any prospective purchasermortgagee or encumbrancerpurchaser of all or any portion of the Property. If Tenant fails to timelyProject. shall execute and deliver such statement within the prescribed time, Landlord shall send a second notice and if Tenant fails to respond to such second notice (by delivery of a signed estoppel) within three (3) business days, Tenant’s failure to timely deliver such statement shall, at Landlord’s option, constitute a Default (as defined below) under this Lease, and, in any event, shall be binding upon Tenant that the Lease is in full force and effect and without modification except aswhatever other instruments may be represented by Landlord in any certificate prepared by Landlordreasonably required for such purposes; provided, however, that if such instrument is not factually correct, then may make such changes as are necessary to make such instrument factually correct and deliveredshall thereafter return such signed instrument to Tenant for execution. Within within ten (10) business daysdays. At any time during the Lease Term, but only in connection with # a sale, financing or refinancing of receipt ofthe Project or any portion hereof or interest therein, # a written requestDefault by Tenant, Landlord shall or # a proposed Transfer, Permitted Transfer or Alteration by , and provided that executes a commercially reasonable confidentiality agreement, may require to provide Tenant with a similar commercially reasonablecurrent financial statement and financial statements of the two (2) years prior to the current financial statement year. Such statements shall be prepared in accordance with generally accepted accounting principles and, if such is the normal practice of , shall be audited by an independent certified public accountant. Failure of to timely execute, acknowledge and deliver such estoppel certificate (butor other instruments shall constitute an acceptance of the Premises and an acknowledgment by that statements included in all cases limitedthe estoppel certificate are true and correct, without exception. Notwithstanding the foregoing, in the event that # stock in the entity which constitutes under this Lease (as opposed to Landlord’s actual knowledge (without any dutyan entity that “Controls” or is otherwise an “Affiliate” of inquiry, as those terms are defined in Section 14.8 of this Lease) is publicly traded on a national stock exchange, and # has its own, separate and distinct [[Unknown Identifier]] and [[Unknown Identifier]] filing requirements (as opposed joint or investigation)) as Landlord reasonably deems appropriate and as otherwise reasonably modified by Landlord.cumulative filings with an entity
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