Common use of CERTIFICATE OF TENANT Clause in Contracts

CERTIFICATE OF TENANT. 26.01. Tenant, without charge, at any time and from time to time, within fifteen (15) days after request by Landlord, shall deliver a written instrument to Landlord or to any other person, firm or corporation specified by Landlord, duly executed and acknowledged, certifying, among other things (it being expressly understood and agreed that the list of items below shall not act to limit the scope of items as to which Landlord may request Tenant to certify): (a) that this Lease is unmodified and in full force and effect or, if there has been any modification, that the same is in full force and effect as modified and stating any such modification, that there is no existing basis to cancel or terminate this Lease, or shall advise otherwise, and to the best of Tenant's knowledge Landlord is not in default thereunder, provided that is in fact the case; (b) whether the term of this Lease has commenced and rent become payable thereunder, and whether Tenant is in possession of all of the Demised Premises except for such portions of the Demised Premises that have been sublet or being held for sublet pursuant to the provisions of this Lease; (c) whether or not there are then existing any defenses or offsets that are not claims under paragraph (e) of this Section 26.01 against the enforcement of any of the agreements, terms, covenants, or conditions of this Lease and any modification thereof upon the part of Tenant to be performed or complied with, and, if so, specifying the same; (d) the amount of the Fixed Annual Rent payable under this Lease and the dates to which the Fixed Annual Rent and additional rent and other charges thereunder have been paid; (e) whether or not Tenant has made any claims against Landlord under this Lease and, if so, the nature and the dollar amount, if any, of such claim. Tenant acknowledges and agrees that any estoppel certificate delivered by Tenant may be relied upon by any prospective purchaser of the Building, any lender, mortgagee, lessee, assignee or other party as Landlord may designate. 26.02. It is expressly understood and agreed by Tenant that it shall be an event of default under this Lease for Tenant to fail to deliver the certificate required by this Article 26, in the form requested by Landlord or to demand any concession or payment of any kind or nature in connection with the delivery of this certificate. It is further expressly understood and agreed that delivery of this certificate shall not be excused as a result of Tenant asserting any claims against Landlord. Tenant agrees that it shall be liable to Landlord for damages and all costs incurred as a result of Tenant's delay or failure to deliver such certificate in a timely fashion (including reasonable attorneys' fees). Without limiting the generality of the foregoing, if Tenant shall fail to deliver to Landlord an estoppel certificate within fifteen (15) days after Landlord's request for the same, if the same is not executed and returned to Landlord within ten (10) days of Landlord's second request for the same, in addition to damages, Tenant shall pay to Landlord an administrative fee of $250.00 per day that the estoppel certificate is not so delivered.

CERTIFICATE OF TENANT. 26.01. TenantTenant shall, without charge, at any time and from time to time, within fifteen (15ten ( 10) days after request by Landlord, shall execute, acknowledge and deliver to Landlord, the holder of a written instrument to Landlord Superior Instrument or to any other person, firm or corporation specified by Landlord, duly executed and acknowledgeda written instrument in the form attached hereto as Schedule F or such other form as may be required by the holder of any Superior Instrument. If Tenant believes that any of the certifications contained therein are inaccurate, certifyingsaid written instrument shall set forth, among other things (in reasonable detail, the basis for Tenant's assertions that such certifications are inaccurate. 26.02. Tenant agrees that, except for the first month's rent hereunder, it being expressly understood and agreed that the list of items below shall not act to limit the scope of items as to which Landlord may request Tenant to certify): (a) that will pay no rent under this Lease is unmodified and more than thirty (30) days in full force and effect oradvance of its due date, if there has been so restricted by any modificationexisting or future Superior Instrument or by an assignment of this Lease to the holder of such Superior Instrument, that and, in the same is in full force and effect as modified and stating event of any such modification, that there is no existing basis act or omission by Landlord which would give Tenant the right to cancel or terminate this Lease, Tenant will not exercise such right until Tenant shall have first given written notice of such act or omission to the holder of any Superior Instrument who shall advise otherwisehave furnished such holder's last address to Tenant, and to until a reasonable period for remedying such act or omission shall have elapsed following the best of Tenant's knowledge Landlord is not in default thereunder, provided that is in fact the case; (b) whether the term of this Lease has commenced and rent become payable thereunder, and whether Tenant is in possession of all of the Demised Premises except for such portions of the Demised Premises that have been sublet or being held for sublet pursuant to the provisions of this Lease; (c) whether or not there are then existing any defenses or offsets that are not claims under paragraph (e) of this Section 26.01 against the enforcement of any of the agreements, terms, covenants, or conditions of this Lease and any modification thereof upon the part of Tenant to be performed or complied with, and, if so, specifying the same; (d) the amount of the Fixed Annual Rent payable under this Lease and the dates to which the Fixed Annual Rent and additional rent and other charges thereunder have been paid; (e) whether or not Tenant has made any claims against Landlord under this Lease and, if so, the nature and the dollar amount, if any, giving of such claim. Tenant acknowledges and agrees that any estoppel certificate delivered by Tenant may be relied upon by any prospective purchaser of notices, during which time such holder shall have the Buildingright, any lender, mortgagee, lessee, assignee or other party as Landlord may designate. 26.02. It is expressly understood and agreed by Tenant that it shall be an event of default under this Lease for Tenant to fail to deliver the certificate required by this Article 26, in the form requested by Landlord or to demand any concession or payment of any kind or nature in connection with the delivery of this certificate. It is further expressly understood and agreed that delivery of this certificate but shall not be excused as a result of Tenant asserting any claims against Landlordobligated, to remedy or cause to be remedied such act or omission. Tenant further agrees that it shall be liable not to Landlord for damages and all costs incurred as a result of Tenant's delay or failure to deliver exercise any such certificate in a timely fashion (including reasonable attorneys' fees). Without limiting the generality of the foregoing, if Tenant shall fail to deliver to Landlord an estoppel certificate within fifteen (15) days after Landlord's request for the same, right if the same is not executed holder of any such Superior Instrument commences to cure such act or omission within a reasonable time after having received notice thereof and returned diligently prosecutes such cure thereafter. 26.03. Tenant shall, without charge, at any time and from time to time, deliver to Landlord within ten (10) days after request therefor (a) copies of Landlordthe most current financial statements of Tenant and of any guarantor of Tenant's second request for obligations under this Lease certified by an independent certified public accountant and (b) such further detailed financial information with respect to Tenant and any such guarantors as Landlord or the same, in addition to damages, Tenant shall pay to Landlord an administrative fee holder of $250.00 per day that the estoppel certificate is not so deliveredany Superior Instrument may request.

CERTIFICATE OF TENANT. 26.01. 25.1 Tenant, without charge, at any time and from time to time, within fifteen five (155) days after request by Landlord, shall deliver a written instrument to Landlord or to any other person, firm or corporation specified by Landlord, duly executed and acknowledged, certifying, among other things (it being expressly understood and agreed that the list of items below shall not act to limit the scope of items as to which Landlord may request Tenant to certify):: (a) that this Lease is unmodified and in full force and effect or, if there has been any modification, that the same is in full force and effect as modified and stating any such modification, that there is no existing basis to cancel or terminate this Lease, or shall advise otherwise, and to the best of Tenant's knowledge Landlord is not in default thereunder, provided that is in fact the case; (b) whether or not the term Term of this Lease has commenced and rent become payable thereunder, and whether Tenant is in possession of all of the Demised Premises except for such portions of the Demised Premises that have been sublet or being held for sublet pursuant to the provisions of this LeaseLease and whether Landlord substantially has completed the Landlord's Work; (c) whether or not there are then existing any defenses or offsets that are not claims under paragraph (ev) of this Section 26.01 25.1 against the enforcement of any of the agreements, terms, covenants, or conditions of this Lease and any modification thereof upon the part of Tenant to be performed or complied with, and, if so, specifying the same; (d) the amount of the Fixed Annual Rent fixed annual rent payable under this Lease and the dates to which the Fixed Annual Rent fixed annual rent and additional rent and other charges thereunder hereunder have been paid; (e) whether or not Tenant has made any claims claim against Landlord under this Lease and, if so, the nature and the dollar amount, if any, of such claim. Tenant acknowledges and agrees that any estoppel certificate delivered by Tenant may be relied upon by any prospective purchaser of the Building, any lender, mortgagee, lessee, assignee or other party as Landlord may designate. 26.02. It is expressly understood and agreed by Tenant that it shall be an 25.2 In the event of default under any act or omission by Landlord, Tenant will not exercise any right to terminate this Lease for Tenant to fail to deliver the certificate required by this Article 26, in the form requested by Landlord or to demand any concession remedy the default and deduct the cost thereof from rent due hereunder until Tenant shall have given written notice of such act or payment omission to the ground lessor and to the holder of any kind mortgage on the fee or nature in connection with the delivery ground lease who shall have furnished such lessor's or holder's last address to Tenant and until thirty (30) days for remedying such act or omission shall have elapsed following the giving of this certificate. It is further expressly understood and agreed that delivery of this certificate such notices, during which time such lessor or holder shall have the right, but shall not be excused as a result of Tenant asserting any claims against Landlordobligated, to remedy or cause to be remedied such act or omission. Tenant agrees that it shall be liable not exercise any right pursuant to Landlord for damages and all costs incurred as a result this Section 25.2 if the holder of Tenant's delay any mortgage or failure such aforesaid lessor commences to deliver cure such certificate in a timely fashion aforesaid act or omission within thirty (including reasonable attorneys' fees). Without limiting the generality of the foregoing, if Tenant shall fail to deliver to Landlord an estoppel certificate within fifteen (1530) days after and diligently prosecutes such cure thereafter. 25.3 At Landlord's request for the same, if the same is not executed and returned to Landlord within ten (10) days of Landlord's second request for the same, in addition to damagesrequest, Tenant shall pay deliver promptly to Landlord an administrative and to the holder of any mortgage on the fee or ground lease and the lessor under any ground or underlying lease, after the occurrence of $250.00 per day that the estoppel certificate is not so delivered.Commencement Date, a letter signed by Tenant and acknowledged, in substantially the form annexed hereto as Schedule C.

CERTIFICATE OF TENANT. 26.01. TenantTenant shall, without charge, (a) at any time and from time to time, in connection with a financing or sale by Landlord and (b) not more than one time in any 12 month period for any other purpose, within fifteen ten (1510) days after request by Landlord, shall execute, acknowledge and deliver to Landlord, the holder of a written instrument to Landlord Superior Instrument or to any other person, firm or corporation specified by Landlord, duly executed a written instrument in the form attached hereto as Schedule F or such other form as may be required by the holder of any Superior Instrument. If Tenant believes that any of the certifications contained therein are inaccurate, said written instrument shall set forth, in reasonable detail, the basis for Tenant's assertions that such certifications are inaccurate. 26.02. Tenant agrees that, except for the first month's rent hereunder, it will pay no rent (other than its estimated payments of Taxes, Operating Expenses and acknowledged, certifying, among other things (it being expressly understood and agreed that the list of items below shall not act to limit the scope of items as to which Landlord may request Tenant to certify): (aCommon Area Expenses) that under this Lease is unmodified and more than thirty (30) days in full force and effect oradvance of its due date, if there has been so restricted by any modificationexisting or future Superior Instrument or by an assignment of this Lease to the holder of such Superior Instrument, that and, in the same is in full force and effect as modified and stating event of any such modification, that there is no existing basis act or omission by Landlord which would give Tenant the right to cancel or terminate this Lease, Tenant will not exercise such right until Tenant shall have first given written notice of such act or omission to the holder of any Superior Instrument who shall advise otherwisehave furnished such holder's last address to Tenant, and until a reasonable period, not to exceed 365 days, for remedying such act or omission shall have elapsed following the best giving of Tenant's knowledge such notices, during which time such holder shall have the right, but shall not be obligated, to remedy or cause to be remedied such act or omission. Tenant further agrees not to exercise any such right if the holder of any such Superior Instrument commences to cure such act or omission within a reasonable time after having received notice thereof and diligently prosecutes such cure thereafter, but in no event beyond 365 days. 26.03. Tenant shall, without charge, (a) at any time and from time to time, in connection with a financing or sale by Landlord is not in default thereunder, provided that is in fact the case; and (b) whether the term of this Lease has commenced and rent become payable thereundernot more than one time in any 12 month period for any other purpose, and whether Tenant is in possession of all of the Demised Premises except for such portions of the Demised Premises that have been sublet or being held for sublet pursuant to the provisions of this Lease; (c) whether or not there are then existing any defenses or offsets that are not claims under paragraph (e) of this Section 26.01 against the enforcement of any of the agreements, terms, covenants, or conditions of this Lease and any modification thereof upon the part of Tenant to be performed or complied with, and, if so, specifying the same; (d) the amount of the Fixed Annual Rent payable under this Lease and the dates to which the Fixed Annual Rent and additional rent and other charges thereunder have been paid; (e) whether or not Tenant has made any claims against Landlord under this Lease and, if so, the nature and the dollar amount, if any, of such claim. Tenant acknowledges and agrees that any estoppel certificate delivered by Tenant may be relied upon by any prospective purchaser of the Building, any lender, mortgagee, lessee, assignee or other party as Landlord may designate. 26.02. It is expressly understood and agreed by Tenant that it shall be an event of default under this Lease for Tenant to fail to deliver the certificate required by this Article 26, in the form requested by Landlord or to demand any concession or payment of any kind or nature in connection with the delivery of this certificate. It is further expressly understood and agreed that delivery of this certificate shall not be excused as a result of Tenant asserting any claims against Landlord. Tenant agrees that it shall be liable to Landlord for damages and all costs incurred as a result of Tenant's delay or failure to deliver such certificate in a timely fashion (including reasonable attorneys' fees). Without limiting the generality of the foregoing, if Tenant shall fail to deliver to Landlord an estoppel certificate within fifteen (15) days after Landlord's request for the same, if the same is not executed and returned to Landlord within ten (10) business days after request therefor copies of Landlordthe most current financial statements of Tenant and of any guarantor of Tenant's second request for the sameobligations under this Lease certified by a financial officer of Tenant, unless copies of such financial statements certified by an independent certified public accountant are available, in addition to damages, Tenant which case such copies shall pay to Landlord an administrative fee of $250.00 per day that the estoppel certificate is not so deliveredbe delivered by Tenant.

CERTIFICATE OF TENANT. 26.01. Tenant(a) Tenant shall, without charge, at any time and from time to time, within fifteen twenty (1520) days after request by Landlord or the holder of a Superior Instrument, as the case may be, execute, acknowledge and deliver to Landlord, shall deliver the holder of a written instrument to Landlord Superior Instrument or to any other person, firm or corporation specified by Landlord, duly executed a written instrument (an "ESTOPPEL CERTIFICATE") substantially in the form attached hereto as Schedule D-1 or such other form as may be reasonably required by the holder of any Superior Instrument with such changes therein as may be required in order not to make the same misleading in any material respect. Prior to taking occupancy of the demised premises, and acknowledgedas a condition precedent thereto, certifyingTenant shall execute, among other things (it being expressly understood acknowledge and agreed that the list of items below shall not act deliver such an estoppel certificate to limit the scope of items as to which Landlord may request Tenant to certify):Landlord. (ab) Landlord agrees upon request to provide Tenant with a statement in the form annexed hereto as Schedule D-2 certifying that this Lease is unmodified and in full force and effect or, (or if there has have been any modificationmodifications, that the same is in full force and effect as modified and stating any such modificationthe modifications), that there is no existing basis to cancel or terminate this Leasecertifying the Commencement Date, or shall advise otherwise, and to the best of Tenant's knowledge Landlord is not in default thereunder, provided that is in fact the case; (b) whether the term of this Lease has commenced and rent become payable thereunder, and whether Tenant is in possession of all of the Demised Premises except for such portions of the Demised Premises that have been sublet or being held for sublet pursuant to the provisions of this Lease; (c) whether or not there are then existing any defenses or offsets that are not claims under paragraph (e) of this Section 26.01 against the enforcement of any of the agreements, terms, covenants, or conditions of this Lease and any modification thereof upon the part of Tenant to be performed or complied with, and, if so, specifying the same; (d) the amount of the Fixed Annual Rent payable under this Lease Expiration Date and the dates to which the Fixed Annual Rent fixed annual rent and additional rent and other charges thereunder as billed, have been paid; (e) , stating whether or not not, to the best knowledge of Landlord, Tenant has made is in default in performance of any claims against Landlord of its obligations under this Lease andLease; provided, however, that Landlord shall be required to deliver an Estoppel Certificate to Tenant not more than once per l2-month period and only if sosuch Estoppel Certificate is required in connection with a bona fide business purpose, the nature and the dollar amountsuch as a corporate reorganization or a sale of Tenant's assets or in connection with a permitted sublease or assignment, if anywhere, of in any such claim. Tenant acknowledges and agrees that any event, estoppel certificate delivered certificates are customarily required from landlords by Tenant may be relied upon by any prospective purchaser of the Building, any lender, mortgagee, lessee, assignee or other party as Landlord may designatethird parties having an interest in such transaction. 26.02. It is expressly understood and agreed by Tenant that agrees that, except for the first month's rent hereunder, it shall be an event of default will pay no rent under this Lease for Tenant more than thirty (30) days in advance of its due date, if so restricted by any existing or future Superior Instrument or by an assignment of this Lease to fail to deliver the certificate required by this Article 26holder of such Superior Instrument, and, in the form requested event of any act or omission by Landlord which would give Tenant the right to terminate this Lease (other than the right to terminate this Lease pursuant to Articles 43, 44 or 45 hereof), Tenant will not exercise such right until Tenant shall have first given written notice of such act or omission to demand any concession or payment the holder of any kind Superior Instrument who shall have furnished such holder's last address to Tenant, and until a reasonable period for remedying such act or nature omission shall have elapsed following the giving of such notices (which reasonable period shall in connection with no event be less than the delivery of period to which Landlord would be entitled under this certificate. It is further expressly understood and agreed that delivery of this certificate Lease or otherwise, after similar notice, to effect such remedy), during which time such holder shall have the right, but shall not be excused as a result of Tenant asserting any claims against Landlordobligated, to remedy or cause to be remedied such act or omission. Tenant further agrees that it shall be liable not to Landlord for damages and all costs incurred as a result of Tenant's delay exercise any such right (other than the right to terminate this Lease pursuant to Article 43, 44 or failure to deliver such certificate in a timely fashion (including reasonable attorneys' fees). Without limiting the generality of the foregoing, if Tenant shall fail to deliver to Landlord an estoppel certificate within fifteen (1545 hereof) days after Landlord's request for the same, if the same is not executed holder of any such Superior Instrument commences to cure such act or omission within a reasonable time after having received notice thereof and returned to Landlord within ten (10) days of Landlord's second request for the same, in addition to damages, Tenant shall pay to Landlord an administrative fee of $250.00 per day that the estoppel certificate is not so delivereddiligently prosecutes such cure thereafter.

CERTIFICATE OF TENANT. 26.01. TenantTenant shall, without charge, at any time and from time to time, within fifteen twenty (1520) days after request by Landlord or the holder of a Superior Instrument, as the case may be, execute, acknowledge and deliver to Landlord, shall deliver the holder of a written instrument to Landlord Superior Instrument or to any other person, firm or corporation specified by Landlord, duly executed a written instrument (an "Estelle Certificate") in the form attached hereto as Schedule C, witx xxx xhanges thereto as shall be required to make such certificate accurate and acknowledgedcomplete, certifying, among other things (it being expressly understood and agreed that the list having attached thereto a copy of items below shall not act to limit the scope of items as to which Landlord may request Tenant to certify): (a) that this Lease is unmodified and in full force and effect orall amendments hereto, if there has been any, or such other form as may be reasonably required by the holder of any modificationSuperior Instrument. 26.02. Tenant agrees that, that except for the same is first month's rent hereunder, it will pay no rent under this Lease more than thirty (30) days in full force and effect as modified and stating advance of its due date, if so restricted by any existing or future Superior Instrument or by an assignment of this Lease to the holder of such modificationSuperior Instrument, that there is no existing basis and, in the event of any act or omission by Landlord which would give Tenant the right to cancel or terminate this Lease, Tenant will not exercise such right until Tenant shall have first given written notice of such act or omission to the holder of any Superior Instrument who shall advise otherwisehave furnished such holder's last address to Tenant, and until a reasonable period for remedying such act or omission shall have elapsed following the giving of such notices, during which time such holder shall have the right, but shall not be obligated, to remedy or cause to be remedied such act or omission. Tenant further agrees not to exercise any such right if the best holder of any such Superior Instrument commences to cure such act or omission within a reasonable time after having received notice thereof and diligently prosecutes such cure thereafter. 26.03. Tenant shall, without charge, at any time and from time to time, deliver to Landlord within twenty (20) days after request therefor (a) copies of the most current financial statements of Tenant and of any guarantor of Tenant's knowledge Landlord is not in default thereunder, provided that is in fact obligations under the case; Lease certified or prepared by an independent certified public accountant and (b) whether such further detailed financial information with respect to Tenant and any such guarantors as Landlord or the term of this Lease has commenced and rent become payable thereunder, and whether Tenant is in possession of all of the Demised Premises except for such portions of the Demised Premises that have been sublet or being held for sublet pursuant to the provisions of this Lease; (c) whether or not there are then existing any defenses or offsets that are not claims under paragraph (e) of this Section 26.01 against the enforcement holder of any of the agreements, terms, covenants, or conditions of this Lease Superior Instrument may reasonably request and any modification thereof upon the part of Tenant to be performed or complied with, and, if so, specifying the same; (d) the amount of the Fixed Annual Rent payable under this Lease and the dates to which the Fixed Annual Rent and additional rent and other charges thereunder have been paid; (e) whether or not Tenant has made any claims against Landlord under this Lease and, if so, the nature and the dollar amount, if any, of such claim. Tenant acknowledges and agrees that any estoppel certificate delivered by Tenant may be relied upon by any prospective purchaser of the Building, any lender, mortgagee, lessee, assignee or other party as Landlord may designate. 26.02. It is expressly understood and agreed by Tenant that it shall be an event of default under this Lease for Tenant to fail to deliver the certificate required by this Article 26, are in the form requested by Landlord or to demand any concession or payment of any kind or nature in connection with the delivery of this certificate. It is further expressly understood and agreed that delivery of this certificate shall not be excused as a result of Tenant asserting any claims against Landlord. Tenant agrees that it shall be liable to Landlord for damages and all costs incurred as a result of Tenant's delay or failure to deliver such certificate in a timely fashion (including reasonable attorneys' fees). Without limiting the generality of the foregoing, if Tenant shall fail to deliver to Landlord an estoppel certificate within fifteen (15) days after Landlord's request for the same, if the same is not executed and returned to Landlord within ten (10) days of Landlord's second request for the same, in addition to damages, Tenant shall pay to Landlord an administrative fee of $250.00 per day that the estoppel certificate is not so deliveredpossession.

CERTIFICATE OF TENANT. 26.0138.01. TenantTenant shall, without charge, at any time and from time to time, within fifteen ten (1510) days after request by Landlord, shall deliver a written instrument to Landlord or to any other person, firm or corporation specified by Landlord, duly executed and acknowledged, certifying, among other things (it being expressly understood and agreed that the list of items below shall not act to limit the scope of items as to which Landlord may request Tenant to certify):: (a) that That this Lease is unmodified and in full force and effect or, if there has been any modification, that the same is in full force and effect as modified and stating any such modification, that there is no existing basis to cancel or terminate this Lease, or shall advise otherwise, and to the best of Tenant's knowledge Landlord is not in default thereunder, provided that is in fact the case; (b) whether the term of this Lease has commenced and rent become payable thereunder, and whether Tenant is in possession of all of the Demised Premises except for such portions of the Demised Premises that have been sublet or being held for sublet pursuant to the provisions of this Lease; (c) whether Whether or not there are then existing any setoffs or defenses or offsets that are not claims under paragraph (e) of this Section 26.01 against the enforcement of any of the agreements, terms, covenants, or conditions of this Lease and any modification thereof upon the part of Tenant to be performed or complied with, and, if so, specifying the same; (dc) the amount of the Fixed Annual Rent payable under this Lease and the The dates to which the Fixed Annual Rent basic rent, and additional rent rent, and other charges thereunder hereunder, have been paid;; and (ed) Whether the term of this Lease has commenced and rent become payable thereunder; and whether or not Tenant has made accepted possession of the demised premises; and whether Landlord has substantially completed its required work under Article 30 hereof. 38.02. Tenant agrees that, except for the first month's rent hereunder, it will pay no rent under this Lease more than thirty (30) days in advance of its due date, and, in the event of any claims against act or omission by Landlord, Tenant will not exercise any right to terminate this Lease or to remedy the default and deduct the cost thereof from rent due hereunder until Tenant shall have given written notice of such act or omission to the Ground Lessor and to the holder of any first mortgage on the Ground Lease who shall have furnished such holder's last address to Tenant, and until a reasonable time for remedying such act or omission shall have elapsed following the giving of such notices, during which time such Lessor or holder shall have the right, but shall not be obligated, to remedy or cause to be remedied such act or omission. 38.03. Anything in this Lease contained to the contrary notwithstanding, under no circumstances shall the holder of any first mortgage on the Ground Lease or, if the interests of Landlord under this Lease andare transferred by reason of, if soor assigned in lieu of, the nature and the dollar amount, if any, foreclosure or other proceedings for enforcement of such claim. Tenant acknowledges and agrees that any estoppel certificate delivered by Tenant mortgage, or if the holder of such mortgage acquires a lease in substitution therefor, then such purchaser, assignee, or lessee, as the case may be relied upon by any prospective purchaser be, whether or not it shall have succeeded to the interests of the Building, any lender, mortgagee, lessee, assignee or other party as Landlord may designate. 26.02. It is expressly understood and agreed by Tenant that it shall be an event of default landlord under this Lease Lease, be subject to or liable for any offsets or deductions from rent, claims or defenses which the Tenant to fail to deliver the certificate required by might have against any prior landlord under this Article 26, in the form requested by Landlord or to demand any concession or payment of any kind or nature in connection with the delivery of this certificate. It is further expressly understood and agreed that delivery of this certificate shall not be excused as a result of Tenant asserting any claims against Landlord. Tenant agrees that it shall be liable to Landlord for damages and all costs incurred as a result of Tenant's delay or failure to deliver such certificate in a timely fashion (including reasonable attorneys' fees). Without limiting the generality of the foregoing, if Tenant shall fail to deliver to Landlord an estoppel certificate within fifteen (15) days after Landlord's request for the same, if the same is not executed and returned to Landlord within ten (10) days of Landlord's second request for the same, in addition to damages, Tenant shall pay to Landlord an administrative fee of $250.00 per day that the estoppel certificate is not so deliveredLease.

CERTIFICATE OF TENANT. 26.01. Tenant26.01 Tenant shall, without charge, at any time and from time to time, within fifteen ten (1510) days Business Days after request by Landlord, shall execute, acknowledge and deliver to Landlord, the holder of a written instrument to Landlord Superior Instrument or to any other person, firm or corporation specified by Landlord, duly executed and acknowledgeda written instrument in the form attached hereto as Schedule F or such other form as may be required by the holder of any Superior Instrument, certifying, among other things (it being expressly understood and agreed provided that the list of items below Landlord shall not act to limit request such written instrument except for a legitimate business purpose. If Tenant believes that any of the scope of items as to which Landlord may request certifications contained therein are inaccurate, said written instrument shall set forth, in reasonable detail, the basis for Tenant’s assertions that such certifications are inaccurate. 26.02 Tenant to certify): (a) that agrees that, it will pay no rent under this Lease is unmodified and more than thirty (30) days in full force and effect oradvance of its due date, if there has been so restricted by any modificationexisting or future Superior Instrument or by an assignment of this Lease to the holder of such Superior Instrument, that and, in the same is in full force and effect as modified and stating event of any such modification, that there is no existing basis act or omission by Landlord which would give Tenant the right to cancel or terminate this Lease, Tenant will not exercise such right until Tenant shall have first given written notice of such act or omission to the holder of any Superior Instrument who shall advise otherwisehave furnished such holder’s last address to Tenant, and to until a reasonable period for remedying such act or omission shall have elapsed following the best of Tenant's knowledge Landlord is not in default thereunder, provided that is in fact the case; (b) whether the term of this Lease has commenced and rent become payable thereunder, and whether Tenant is in possession of all of the Demised Premises except for such portions of the Demised Premises that have been sublet or being held for sublet pursuant to the provisions of this Lease; (c) whether or not there are then existing any defenses or offsets that are not claims under paragraph (e) of this Section 26.01 against the enforcement of any of the agreements, terms, covenants, or conditions of this Lease and any modification thereof upon the part of Tenant to be performed or complied with, and, if so, specifying the same; (d) the amount of the Fixed Annual Rent payable under this Lease and the dates to which the Fixed Annual Rent and additional rent and other charges thereunder have been paid; (e) whether or not Tenant has made any claims against Landlord under this Lease and, if so, the nature and the dollar amount, if any, giving of such claim. Tenant acknowledges and agrees that any estoppel certificate delivered by Tenant may be relied upon by any prospective purchaser of notices, during which time such holder shall have the Buildingright, any lender, mortgagee, lessee, assignee or other party as Landlord may designate. 26.02. It is expressly understood and agreed by Tenant that it shall be an event of default under this Lease for Tenant to fail to deliver the certificate required by this Article 26, in the form requested by Landlord or to demand any concession or payment of any kind or nature in connection with the delivery of this certificate. It is further expressly understood and agreed that delivery of this certificate but shall not be excused as a result of Tenant asserting any claims against Landlordobligated, to remedy or cause to be remedied such act or omission. Tenant further agrees that it shall be liable not to Landlord for damages and all costs incurred as a result of Tenant's delay or failure to deliver exercise any such certificate in a timely fashion (including reasonable attorneys' fees). Without limiting the generality of the foregoing, if Tenant shall fail to deliver to Landlord an estoppel certificate within fifteen (15) days after Landlord's request for the same, right if the same holder of any such Superior Instrument commences to cure such act or omission within a reasonable time after having received notice thereof and diligently prosecutes such cure thereafter. 26.03 To the extent such documentation and financial information is not executed publicly available, Tenant shall, without charge, at any time and returned from time to time, deliver to Landlord within ten (10) days after request therefor (a) copies of Landlord's second request for the same, in addition most current financial statements of Tenant and of any guarantor of Tenant’s obligations under this Lease certified by an independent certified public accountant and (b) such further detailed financial information with respect to damages, Tenant shall pay to and any such guarantors as Landlord an administrative fee or the holder of $250.00 per day that the estoppel certificate is not so deliveredany Superior Instrument may request.

CERTIFICATE OF TENANT. 26.01. TenantTenant shall, without charge, at any time and from time to time, within fifteen ten (1510) days after request by Landlord or the holder of a Superior Instrument, as the case may be, execute, acknowledge and deliver to Landlord, shall deliver the holder of a written instrument to Landlord Superior Instrument or to any other person, firm or corporation specified by Landlord, duly executed a written instrument (an "Estoppel Certificate") in the form attached hereto as Schedule D or such other form as may be required by the holder of any Superior Instrument. Prior to taking occupancy of the demised premises, and acknowledgedas a condition precedent thereto, certifyingTenant shall execute, among other things (acknowledge and deliver such an estoppel certificate to Landlord 26.02. Tenant agrees that, except for the first month's rent hereunder, it being expressly understood and agreed that the list of items below shall not act to limit the scope of items as to which Landlord may request Tenant to certify): (a) that will pay no rent under this Lease is unmodified and more than thirty (30) days in full force and effect oradvance of its due date, if there has been so restricted by any modificationexisting or future Superior Instrument or by an assignment of this Lease to the holder of such Superior Instrument, that and, in the same is in full force and effect as modified and stating event of any such modification, that there is no existing basis act or omission by Landlord which would give Tenant the right to cancel or terminate this Lease, Tenant will not exercise such right until Tenant shall have first given written notice of such act or omission to the holder of any Superior Instrument who shall advise otherwisehave furnished such holder's last address to Tenant, and until a reasonable period for remedying such act or omission shall have elapsed following the giving of such notices (which reasonable period shall in no event be less than the period to the best of Tenant's knowledge which Landlord is not in default thereunder, provided that is in fact the case; (b) whether the term of this Lease has commenced and rent become payable thereunder, and whether Tenant is in possession of all of the Demised Premises except for such portions of the Demised Premises that have been sublet or being held for sublet pursuant to the provisions of this Lease; (c) whether or not there are then existing any defenses or offsets that are not claims under paragraph (e) of this Section 26.01 against the enforcement of any of the agreements, terms, covenants, or conditions of this Lease and any modification thereof upon the part of Tenant to would be performed or complied with, and, if so, specifying the same; (d) the amount of the Fixed Annual Rent payable entitled under this Lease and or otherwise, after similar notice, to effect such remedy), during which time such holder shall have the dates to which the Fixed Annual Rent and additional rent and other charges thereunder have been paid; (e) whether or not Tenant has made any claims against Landlord under this Lease andright, if so, the nature and the dollar amount, if any, of such claim. Tenant acknowledges and agrees that any estoppel certificate delivered by Tenant may be relied upon by any prospective purchaser of the Building, any lender, mortgagee, lessee, assignee or other party as Landlord may designate. 26.02. It is expressly understood and agreed by Tenant that it shall be an event of default under this Lease for Tenant to fail to deliver the certificate required by this Article 26, in the form requested by Landlord or to demand any concession or payment of any kind or nature in connection with the delivery of this certificate. It is further expressly understood and agreed that delivery of this certificate but shall not be excused as a result of Tenant asserting any claims against Landlordobligated, to remedy or cause to be remedied such act or omission. Tenant further agrees that it shall be liable not to Landlord for damages and all costs incurred as a result of Tenant's delay or failure to deliver exercise any such certificate in a timely fashion (including reasonable attorneys' fees). Without limiting the generality of the foregoing, if Tenant shall fail to deliver to Landlord an estoppel certificate within fifteen (15) days after Landlord's request for the same, right if the same is not executed holder of any such Superior Instrument commences to cure such act or omission within a reasonable time after having received notice thereof and returned to Landlord within ten (10) days of Landlord's second request for the same, in addition to damages, Tenant shall pay to Landlord an administrative fee of $250.00 per day that the estoppel certificate is not so delivereddiligently prosecutes such cure thereafter.

CERTIFICATE OF TENANT. 26.01. TenantTenant shall, without charge, at any time and from time to time, within fifteen ten (1510) days after request by Landlord, shall execute, acknowledge and deliver to Landlord, the holder of a written instrument to Landlord Superior Instrument or to any other person, firm or corporation specified by Landlord, duly executed and acknowledgeda written instrument (an "Estoppel Certificate") in such form as may reasonably be required by Landlord or the holder of any Superior Instrument. 26.02. Tenant agrees that, certifyingexcept for the first month's rent hereunder, among other things (it being expressly understood and agreed that the list of items below shall not act to limit the scope of items as to which Landlord may request Tenant to certify): (a) that will pay no rent under this Lease is unmodified and more than thirty (30) days in full force and effect oradvance of its due date, if there has been so restricted by any modificationexisting or future Superior Instrument or by an assignment of this Lease to the holder of such Superior Instrument, that and, in the same is in full force and effect as modified and stating event of any such modification, that there is no existing basis act or omission by Landlord which would give Ten- ant the right to cancel or terminate this Lease, Tenant will not exercise such right until Tenant shall have first given written notice of such act or omission to the holder of any Superior Instrument who shall advise otherwisehave furnished such holder's last address to Tenant, and to until a reasonable period, for remedying such act or omission shall have elapsed following the best of Tenant's knowledge Landlord is not in default thereunder, provided that is in fact the case; (b) whether the term of this Lease has commenced and rent become payable thereunder, and whether Tenant is in possession of all of the Demised Premises except for such portions of the Demised Premises that have been sublet or being held for sublet pursuant to the provisions of this Lease; (c) whether or not there are then existing any defenses or offsets that are not claims under paragraph (e) of this Section 26.01 against the enforcement of any of the agreements, terms, covenants, or conditions of this Lease and any modification thereof upon the part of Tenant to be performed or complied with, and, if so, specifying the same; (d) the amount of the Fixed Annual Rent payable under this Lease and the dates to which the Fixed Annual Rent and additional rent and other charges thereunder have been paid; (e) whether or not Tenant has made any claims against Landlord under this Lease and, if so, the nature and the dollar amount, if any, giving of such claim. Tenant acknowledges and agrees that any estoppel certificate delivered by Tenant may be relied upon by any prospective purchaser of notices, during which time such holder shall have the Buildingright, any lender, mortgagee, lessee, assignee or other party as Landlord may designate. 26.02. It is expressly understood and agreed by Tenant that it shall be an event of default under this Lease for Tenant to fail to deliver the certificate required by this Article 26, in the form requested by Landlord or to demand any concession or payment of any kind or nature in connection with the delivery of this certificate. It is further expressly understood and agreed that delivery of this certificate but shall not be excused as a result of Tenant asserting any claims against Landlordobligated, to remedy or cause to be remedied such act or omission. Tenant further agrees that it shall be liable not to Landlord for damages and all costs incurred as a result of Tenant's delay or failure to deliver exercise any such certificate in a timely fashion (including reasonable attorneys' fees). Without limiting the generality of the foregoing, if Tenant shall fail to deliver to Landlord an estoppel certificate within fifteen (15) days after Landlord's request for the same, right if the same is not executed holder of any such Superior Instrument commences to cure such act or omission within a reasonable time after having received notice thereof and returned diligently prosecutes such cure thereafter. 26.03. Tenant shall, without charge, at any time and from time to time deliver to Landlord within ten (10) days alter request therefor (a) copies of Landlordthe most current available financial statements of Tenant and of any guarantor of Tenant's second request for obligations under the same, Lease certified by an independent certified public accountant and (b) such further detailed financial information with respect to Tenant and any such guarantors as Landlord or the holder of any Superior Instrument may reasonably request. Landlord and the holder of any Superior Instrument shall hold such financial information in addition to damages, Tenant confidence and shall pay to Landlord an administrative fee of $250.00 per day that the estoppel certificate is not so delivereddisclose same except as may be legally required.

CERTIFICATE OF TENANT. 26.01. TenantTenant shall, without charge, at any time and from time to time, within fifteen ten (1510) days after request by Landlord, shall execute, acknowledge and deliver to Landlord, the holder of a written instrument to Landlord Superior Instrument or to any other person, firm or corporation specified by Landlord, duly executed a written instrument (an "Estoppel Certificate") in the form attached hereto as Schedule D or such other form as may be required by the holder of any Superior Instrument. Prior to taking occupancy of the demised premises, and acknowledgedas a condition precedent thereto, certifyingTenant shall execute, among other things (acknowledge and deliver such an estoppel certificate to Landlord. 26.02. Tenant agrees that, except for the first month's rent hereunder, it being expressly understood and agreed that the list of items below shall not act to limit the scope of items as to which Landlord may request Tenant to certify): (a) that will pay no rent under this Lease is unmodified and more than thirty (30) days in full force and effect oradvance of its due date, if there has been so restricted by any modificationexisting or future Superior Instrument or by an assignment of this Lease to the holder of such Superior Instrument, that and, in the same is in full force and effect as modified and stating event of any such modification, that there is no existing basis act or omission by Landlord which would give Tenant the right to cancel or terminate this Lease, Tenant will not exercise such right until Tenant shall have first given written notice of such act or omission to the holder of any Superior Instrument who shall advise otherwisehave furnished such holder's last address to Tenant, and to until a reasonable period for remedying such act or omission shall have elapsed following the best of Tenant's knowledge Landlord is not in default thereunder, provided that is in fact the case; (b) whether the term of this Lease has commenced and rent become payable thereunder, and whether Tenant is in possession of all of the Demised Premises except for such portions of the Demised Premises that have been sublet or being held for sublet pursuant to the provisions of this Lease; (c) whether or not there are then existing any defenses or offsets that are not claims under paragraph (e) of this Section 26.01 against the enforcement of any of the agreements, terms, covenants, or conditions of this Lease and any modification thereof upon the part of Tenant to be performed or complied with, and, if so, specifying the same; (d) the amount of the Fixed Annual Rent payable under this Lease and the dates to which the Fixed Annual Rent and additional rent and other charges thereunder have been paid; (e) whether or not Tenant has made any claims against Landlord under this Lease and, if so, the nature and the dollar amount, if any, giving of such claim. Tenant acknowledges and agrees that any estoppel certificate delivered by Tenant may be relied upon by any prospective purchaser of notices, during which time such holder shall have the Buildingright, any lender, mortgagee, lessee, assignee or other party as Landlord may designate. 26.02. It is expressly understood and agreed by Tenant that it shall be an event of default under this Lease for Tenant to fail to deliver the certificate required by this Article 26, in the form requested by Landlord or to demand any concession or payment of any kind or nature in connection with the delivery of this certificate. It is further expressly understood and agreed that delivery of this certificate but shall not be excused as a result of Tenant asserting any claims against Landlordobligated, to remedy or cause to be remedied such act or omission. Tenant further agrees that it shall be liable not to Landlord for damages and all costs incurred as a result of Tenant's delay or failure to deliver exercise any such certificate in a timely fashion (including reasonable attorneys' fees). Without limiting the generality of the foregoing, if Tenant shall fail to deliver to Landlord an estoppel certificate within fifteen (15) days after Landlord's request for the same, right if the same is not executed holder of any such Superior Instrument commences to cure such act or omission within a reasonable time after having received notice thereof and returned to Landlord within ten (10) days of Landlord's second request for the same, in addition to damages, Tenant shall pay to Landlord an administrative fee of $250.00 per day that the estoppel certificate is not so delivereddiligently prosecutes such cure thereafter.

CERTIFICATE OF TENANT. 26.01. Tenant, without charge26.01 Each party agrees, at any time and from time to time, within fifteen as requested by the other party, upon not less than ten (1510) days after request by Landlordprior notice, shall to execute and deliver to the other. a written instrument to Landlord or to any other person, firm or corporation specified by Landlord, duly executed and acknowledged, certifying, among other things (it being expressly understood and agreed that the list of items below shall not act to limit the scope of items as to which Landlord may request Tenant to certify): (a) statement certifying that this Lease is unmodified and in full force and effect or, (or if there has have been any modificationmodifications, that the same is in full force and effect as modified and stating any such modification, that there is no existing basis the modifications); certifying the dates to cancel or terminate this Lease, or shall advise otherwisewhich the fixed annual rent, and to additional rent have been paid, and stating whether or not, to, the best knowledge of Tenant's knowledge Landlord the signer, the other party is not in default thereunder, provided that is in fact the case; (b) whether the term of this Lease has commenced and rent become payable thereunder, and whether Tenant is in possession of all of the Demised Premises except for such portions of the Demised Premises that have been sublet or being held for sublet pursuant to the provisions of this Lease; (c) whether or not there are then existing any defenses or offsets that are not claims under paragraph (e) of this Section 26.01 against the enforcement performance of any of the agreementsits, terms, covenants, or conditions of obligations under this Lease and any modification thereof upon the part of Tenant to be performed or complied withLease, and, if so, specifying each such default of which the same;signer may have knowledge, it being intended that any such pursuant hereto may be relied, upon by others with whom the party requesting such certificate may be dealing. (d) 26.02 Tenant agrees that, except for the amount of the Fixed Annual Rent payable first month’s rent hereunder, it will pay no rent under this Lease and the dates more than thirty (30) days in advance of its due date,: if so restricted by any existing or future ground lease or mortgage to which the Fixed Annual Rent and additional rent and other charges thereunder have been paid; (e) whether or not Tenant has made any claims against Landlord under this Lease is subordinated or by an assignment of this Lease to the ground lessor or the holder of such mortgage, and; in the event of any act or omission by Landlord, if so, the nature and the dollar amount, if Tenant will not exercise any, right to terminate this Lease or to remedy the, default and deduct the cost thereof from rent due hereunder until Tenant shall have given written notice of such claimact or omission to the ground lessor and to the holder of any mortgage on the fee or the ground lease who shall have furnished sublessor’s or holder’s last address to Tenant, and until a reasonable period for remedying such act or omission shall have elapsed following the giving of such notices, during which time such lessor or holder shall have the right, but shall not be, obligated, to remedy or cause to be remedied such act or omission. Tenant acknowledges and agrees that shall not exercise any estoppel certificate delivered by Tenant may be relied upon by any prospective purchaser of right pursuant to this Section 26.02 if the Building, any lender, mortgagee, lessee, assignee or other party as Landlord may designate. 26.02. It is expressly understood and agreed by Tenant that it shall be an event of default under this Lease for Tenant to fail to deliver the certificate required by this Article 26, in the form requested by Landlord or to demand any concession or payment holder of any kind mortgage or nature in connection with the delivery of this certificate. It is further expressly understood such aforesaid lessor commences cure such aforesaid-act or omission within a reasonable time and agreed that delivery of this certificate shall not be excused as a result of Tenant asserting any claims against Landlord. Tenant agrees that it shall be liable to Landlord for damages and all costs incurred as a result of Tenant's delay or failure to deliver diligently prosecutes such certificate in a timely fashion (including reasonable attorneys' fees). Without limiting the generality of the foregoing, if Tenant shall fail to deliver to Landlord an estoppel certificate within fifteen (15) days after Landlord's request for the same, if the same is not executed and returned to Landlord within ten (10) days of Landlord's second request for the same, in addition to damages, Tenant shall pay to Landlord an administrative fee of $250.00 per day that the estoppel certificate is not so deliveredcure thereafter.

CERTIFICATE OF TENANT. 26.0124.01. Tenant, without chargeEach party agrees, at any time and from time to time, within fifteen as requested by the other party, upon not less than ten (1510) days after request by Landlorddays' prior notice, shall to execute and deliver to the other a written instrument to Landlord or to any other person, firm or corporation specified by Landlord, duly executed and acknowledged, certifying, among other things (it being expressly understood and agreed that the list of items below shall not act to limit the scope of items as to which Landlord may request Tenant to certify): (a) statement certifying that this Lease is unmodified and in full force and effect or, (or if there has have been any modificationmodifications, that the same is in full force and effect as modified and stating any such modificationthe modifications), that there is no existing basis certifying the dates to cancel or terminate this Lease, or shall advise otherwisewhich the fixed annual rent and additional rent have been paid, and stating whether or not, to the best knowledge of Tenant's knowledge Landlord the signer, the other party is not in default thereunder, provided that is in fact the case; (b) whether the term of this Lease has commenced and rent become payable thereunder, and whether Tenant is in possession of all of the Demised Premises except for such portions of the Demised Premises that have been sublet or being held for sublet pursuant to the provisions of this Lease; (c) whether or not there are then existing any defenses or offsets that are not claims under paragraph (e) of this Section 26.01 against the enforcement performance of any of the agreements, terms, covenants, or conditions of its obligations under this Lease and any modification thereof upon the part of Tenant to be performed or complied withLease, and, if so, specifying the same; (d) the amount each such default of the Fixed Annual Rent payable under this Lease and the dates to which the Fixed Annual Rent and additional rent and other charges thereunder signer may have been paid; (e) whether or not Tenant has made any claims against Landlord under this Lease andknowledge, if so, the nature and the dollar amount, if any, of such claim. Tenant acknowledges and agrees it being intended that any estoppel certificate such statement delivered by Tenant pursuant hereto may be relied upon by any prospective purchaser others with whom the party requesting such certificate may be dealing. Additionally, Tenant's or Landlord's statement shall contain confirmation to Tenant's or Landlord's knowledge of the Building, any lender, mortgagee, lessee, assignee or such other party as Landlord may designate. 26.02. It is expressly understood and agreed by Tenant that it shall be an event of default factual information under this Lease for Tenant to fail to deliver the certificate as shall be reasonably required by Landlord, Tenant or the holder or proposed holder of any superior mortgage or the lessor or proposed lessor under any superior lease. 24.02. Tenant agrees (and will execute certificates pursuant to Section 24.01 to such effect) that, except for the first month's rent hereunder, it will pay no rent under this Article 26Lease more than thirty (30) days in advance of its due date, if so restricted by any existing or future ground lease or mortgage to which this Lease is subordinated or by an assignment of this Lease to the ground lessor or the holder of such mortgage, and, in the form requested event of any act or omission by Landlord Landlord, and except with respect to Tenant's termination rights pursuant to Article 10 of this Lease, or condemnation, Tenant will not exercise any right to terminate this Lease or to demand any concession remedy the default and deduct the cost thereof from rent due hereunder until Tenant shall have given written notice of such act or payment omission to the ground lessor and to the holder of any kind mortgage on the fee or nature in connection with the delivery ground lease who shall have furnished such lessor's or holder's last address to Tenant, and until a reasonable period for remedying such act or omission shall have elapsed following the giving of this certificate. It is further expressly understood such notices, and agreed that delivery of this certificate following the time when such lessor holder shall have the right pursuant to such superior instrument to cure the same, during which time such lessor or holder shall have the right, but shall not be excused as a result of Tenant asserting any claims against Landlordobligated, to remedy or cause to be remedied such act or omission. Tenant agrees that it shall be liable not exercise any right pursuant to Landlord for damages and all costs incurred as a result of Tenant's delay or failure to deliver such certificate in a timely fashion (including reasonable attorneys' fees). Without limiting the generality of the foregoing, if Tenant shall fail to deliver to Landlord an estoppel certificate within fifteen (15) days after Landlord's request for the same, this Section 24.02 if the same is not executed holder of any mortgage or such aforesaid lessor commences to cure such aforesaid act or omission within a reasonable time and returned to Landlord within ten (10) days of Landlord's second request for the same, in addition to damages, Tenant shall pay to Landlord an administrative fee of $250.00 per day that the estoppel certificate is not so delivereddiligently prosecutes such cure thereafter.

CERTIFICATE OF TENANT. 26.01. Tenant, without chargeTenant agrees, at any time and from time to time, within fifteen (15) days after request as requested by Landlord, shall upon not less than ten (10) Business Days' prior notice, to execute and deliver a written instrument to Landlord or to any other person, firm or corporation specified by Landlord, duly executed and acknowledged, certifying, among other things (it being expressly understood and agreed that the list of items below shall not act to limit the scope of items as to which Landlord may request Tenant to certify): (a) a statement certifying that this Lease is unmodified and in full force and effect or, (or if there has have been any modificationmodifications, that the same is in full force and effect as modified and stating any such modificationthe modifications), that there is no existing basis certifying the dates to cancel which the fixed annual rent and additional rent have been paid; and stating whether or terminate this Leasenot, or shall advise otherwise, and to the best knowledge of Tenant's knowledge , Landlord is not in default thereunder, provided that is in fact the case; (b) whether the term of this Lease has commenced and rent become payable thereunder, and whether Tenant is in possession of all of the Demised Premises except for such portions of the Demised Premises that have been sublet or being held for sublet pursuant to the provisions of this Lease; (c) whether or not there are then existing any defenses or offsets that are not claims under paragraph (e) of this Section 26.01 against the enforcement performance of any of the agreements, terms, covenants, or conditions of its obligations under this Lease and any modification thereof upon the part of Tenant to be performed or complied withLease, and, if so, specifying the same; (d) the amount each such default of the Fixed Annual Rent payable under this Lease and the dates to which the Fixed Annual Rent and additional rent and other charges thereunder Tenant may have been paid; (e) whether or not Tenant has made any claims against Landlord under this Lease andknowledge, if so, the nature and the dollar amount, if any, of such claim. Tenant acknowledges and agrees it being intended that any estoppel certificate such statement delivered by Tenant pursuant hereto may be relied upon by any prospective purchaser of the Building, any lender, mortgagee, lessee, assignee or other party as others with whom Landlord may designatebe dealing. 26.02. It is expressly understood and agreed by Tenant that agrees that, except for the first month's rent hereunder, it shall be an event of default will pay no rent under this Lease for Tenant more than thirty (30) days in advance of its due date, if so restricted by any existing or future ground lease or mortgage to fail which this Lease is subordinated or by an assignment of this Lease to deliver the certificate required by this Article 26ground lessor or the holder of such mortgage, and, in the form requested event of any act or omission by Landlord Landlord, Tenant will not exercise any right to terminate this Lease or to demand any concession remedy the default and deduct the cost thereof from rent due hereunder until Tenant shall have given written notice of such act or payment omission to the ground lessor and to the holder of any kind mortgage on the fee or nature in connection with the delivery ground lease who shall have furnished such lessor's or holder's last address to Tenant, and until a reasonable period for remedying such act or omission shall have elapsed following the giving of this certificate. It is further expressly understood such notices, and agreed that delivery of this certificate following the time when such lessor or holder shall have the right pursuant to such superior instrument to cure the same, during which time such lessor or holder shall have the right, but shall not be excused as a result of Tenant asserting any claims against Landlordobligated, to remedy or cause to be remedied such act or omission. Tenant agrees that it shall be liable not exercise any right pursuant to Landlord for damages and all costs incurred as a result of Tenant's delay or failure to deliver such certificate in a timely fashion (including reasonable attorneys' fees). Without limiting the generality of the foregoing, if Tenant shall fail to deliver to Landlord an estoppel certificate within fifteen (15) days after Landlord's request for the same, this Section 26-02 if the same is not executed holder of any mortgage or such aforesaid lessor commences to cure such aforesaid act or omission within a reasonable time and returned to Landlord within ten (10) days of Landlord's second request for the same, in addition to damages, Tenant shall pay to Landlord an administrative fee of $250.00 per day that the estoppel certificate is not so delivereddiligently prosecutes such cure thereafter.

CERTIFICATE OF TENANT. 26.01. Tenant, without charge26.01 Tenant agrees, at any time and from time to time, within fifteen as requested by Landlord or any mortgagee, upon not less than ten (1510) days after request by Landlorddays’ prior notice, shall to execute and deliver a written instrument to Landlord or to any other person, firm or corporation specified by Landlord, duly executed and acknowledged, certifying, among other things (it being expressly understood and agreed that the list of items below shall not act to limit the scope of items as to which Landlord may request Tenant to certify): (a) a statement certifying that this Lease is unmodified and in full force and effect or, (or if there has have been any modificationmodifications, that the same is in full force and effect as modified and stating any such modificationthe modifications), that there is no existing basis certifying the dates to cancel or terminate this Lease, or shall advise otherwisewhich the fixed annual rent and additional rent have been paid, and stating whether or not, to the best knowledge of Tenant's knowledge , Landlord is not in default thereunder, provided that is in fact the case; (b) whether the term of this Lease has commenced and rent become payable thereunder, and whether Tenant is in possession of all of the Demised Premises except for such portions of the Demised Premises that have been sublet or being held for sublet pursuant to the provisions of this Lease; (c) whether or not there are then existing any defenses or offsets that are not claims under paragraph (e) of this Section 26.01 against the enforcement performance of any of the agreements, terms, covenants, or conditions of its obligations under this Lease and any modification thereof upon the part of Tenant to be performed or complied withLease, and, if so, specifying the same; (d) the amount each such default of the Fixed Annual Rent payable under this Lease which Tenant may have knowledge and the dates to which the Fixed Annual Rent and additional rent and containing such other charges thereunder have been paid; (e) whether or not Tenant has made any claims against information as Landlord under this Lease andmay request, if so, the nature and the dollar amount, if any, of such claim. Tenant acknowledges and agrees it being intended that any estoppel certificate such statement delivered by Tenant pursuant hereto may be relied upon by others with whom Landlord may be dealing. 26.02 In the event of any prospective purchaser act or omission by Landlord, Tenant will not exercise any right to terminate this Lease (other than in connection with casualty or eminent domain) or to remedy the default and deduct the cost thereof from rent due hereunder until Tenant shall have given written notice of such act or omission to the Buildingground lessor and to the holder of any mortgage on the fee or the ground lease to the extent such parties have been previously identified to Tenant by written notice, and until a reasonable period for remedying such act or omission shall have elapsed following the giving of such notices, and following the time when such lessor or holder shall have the right pursuant to such superior instrument to cure the same, during which time such lessor or holder shall have the right, but shall not be obligated, to remedy or cause to be remedied such act or omission. Tenant shall not exercise any lenderright pursuant to this Section 26.02 if the holder of any mortgage or such aforesaid lessor commences to cure such aforesaid act or omission within a reasonable time and diligently prosecutes such cure thereafter. Tenant shall send a copy of any notices given to Landlord under the Lease alleging nonperformance by Landlord of any term or covenant under the Lease to such lessor, mortgagee, lesseepurchaser, assignee or other party lessee, as Landlord the case may designate. 26.02. It is expressly understood be, at the same time and agreed by Tenant that it shall be an event of default under this Lease for Tenant to fail to deliver the certificate required by this Article 26, in the form requested by Landlord or to demand any concession or payment of any kind or nature in connection with the delivery of this certificate. It same manner as such notice is further expressly understood and agreed that delivery of this certificate shall not be excused as a result of Tenant asserting any claims against Landlord. Tenant agrees that it shall be liable sent to Landlord provided the identity and mailing address for damages and all costs incurred as a result of such party or parties have been previously delivered to Tenant's delay or failure to deliver such certificate in a timely fashion (including reasonable attorneys' fees). Without limiting the generality of the foregoing, if Tenant shall fail to deliver to Landlord an estoppel certificate within fifteen (15) days after Landlord's request for the same, if the same is not executed and returned to Landlord within ten (10) days of Landlord's second request for the same, in addition to damages, Tenant shall pay to Landlord an administrative fee of $250.00 per day that the estoppel certificate is not so delivered.