Estoppel. To induce Lender to enter into this Second Amendment, Borrower hereby acknowledges and agrees that, after giving effect to this Second Amendment, as of the date hereof, there exists no default or Event of Default and no right of offset, defense, counterclaim, or objection in favor of Borrower as against Lender with respect to the Loan.

Estoppel. Tenant and Landlord hereby represent and warrant that, as of the date hereof (to the best of their actual knowledge with respect to items (b) and (c)), # the Lease is in full force and effect and has not been modified or amended, except as set forth herein, # neither Tenant nor Landlord is in default under the Lease nor does Tenant or Landlord have any knowledge of any event which with the giving of notice and passage of time would result in a default, and # Landlord and Tenant have performed all obligations on each of their respective parts under the Lease, and neither Party has any claims against the other Party, including any claims of offset against any rent or other sums payable by Tenant under the Lease.

Estoppel. Landlord shall, within twenty (20) days following written request by Tenant, execute and deliver to Tenant a statement confirming, # the Commencement Date, # whether or not this Lease is in full force and effect, # the amendments to this Lease, if any, # the dates to which the Fixed Rent and Additional Rent and other charges have been paid, and # whether, to the actual conscious knowledge of the individual executing the same on behalf of Landlord, without inquiry, any default by Tenant then exists. Any such statement delivered pursuant to this subsection may be relied upon by any prospective lender, assignee or subtenant of Tenant to whom such statement is addressed.

Estoppel. Tenant hereby represents, warrants and agrees that: to the best of Tenant's knowledge, # there exists no breach, default or event of default by Landlord under the Lease, or any event or condition which, with the giving of notice or passage of time or both, would constitute a breach, default or event of default by Landlord under the Lease; # the Lease continues to be a legal, valid and binding agreement and obligation of Tenant; and # Tenant has no current offset or defense to its performance or obligations under the Lease. Tenant hereby waives and releases all demands, charges, claims, accounts or causes of action of any nature against Landlord or Landlord's employees or agents, including without limitation, both known and unknown demands, charges, claims, accounts, and causes of action that have previously arisen out of or in connection with the Lease.

Estoppel. As of the Effective Date, as a material inducement to Tenant to enter into this Third Amendment, Landlord acknowledges and agrees that, to Landlord’s actual knowledge after due inquiry, there is no violation of, or default or breach under, the Lease on the part of Tenant and, to Landlord’s actual knowledge after due inquiry, Tenant is not now, and has not been prior to the Effective Date, in default or breach of this under this Lease. As of the Effective Date, as a material inducement to Landlord to enter into this Third Amendment, Tenant’s acknowledges and agrees that to Tenant’s actual knowledge after due inquiry, there is no violation of, or default or breach, under the Lease on the part of Landlord and, to Tenant’s actual knowledge after due inquiry, Landlord is not now, and has not been prior to the Effective Date, in default or breach of this under this Lease.

Estoppel. An estoppel executed by Tenant indicating, among other items normally disclosed in an estoppel, that the Lease is in full force and effect, that Seller is not in default of the Lease and any security deposit and prepaid rents paid by Tenant to Seller.

Estoppel. To induce Lender to enter into this First Amendment, Borrower hereby acknowledges and agrees that, after giving effect to this First Amendment, as of the date hereof, there exists no default or Event of Default and no right of offset, defense, counterclaim, or objection in favor of Borrower as against Lender with respect to the Loan.

Estoppel. Tenant represents and warrants to Landlord and KeyBank National Association, as Agent that: # no uncured default, event of default, or breach by Landlord exists under the Master Lease, and no facts or circumstances exist that, with the passage of time or giving of notice, will or could constitute a default, event of default, or breach by Landlord under the Master Lease; # Tenant has made no claim against any Landlord alleging Landlord's default or breach under the Master Lease; # after giving effect to this Amendment, Tenant is not in default under the Master Lease and no event has occurred which, with notice or the passage of time, or both, would constitute a default by Tenant under the Master Lease; and # as of the date hereof, except as set forth in Section 1 of this Amendment, Tenant is not entitled to any credits, reductions, offsets, defenses, free rent, rent concessions or abatements of rent under the Master Lease or otherwise against the payment of rent or other charges under the Master Lease.

Estoppel. Tenant and Landlord hereby represent and warrant that, as of the date hereof (to the best of their actual knowledge with respect to items (b) and (c)), # the Lease is in full force and effect and has not been modified or amended, except as set forth herein, # neither Tenant nor Landlord is in default under the Lease nor does Tenant or Landlord have any knowledge of any event which with the giving of notice and passage of time would result in a default, and # Landlord and Tenant have performed all obligations on each of their respective parts under the Lease, and neither Party has any claims against the other Party, including any claims of offset against any rent or other sums payable by Tenant under the Lease. Without limiting the forgoing, Tenant hereby consents and waives and rights or claims against Landlord related to Nimble or Roche’s occupancy of the Third Expansion Premises as set forth above.

24.1Subordination of this Lease27