ESTOPPEL CERTIFICATE BY TENANT. (a) Tenant shall from time to time upon request by Landlord deliver to Landlord a statement in writing certifying: (i) that this Lease is unmodified and in full force and effect (or if there have been modifications, identifying such modifications and certifying that the Lease, as modified, is in full force and effect); (ii) the dates to which the Rent has been paid; (iii) that Landlord is not in default under any provision of this Lease (or if Landlord is in default, specifying each such default); and, (iv) the address to which notices to Tenant shall be sent; it being understood that any such statement so delivered may be relied upon in connection with any lease, mortgage or transfer of the Building. Tenant's failure to do so within ten (10) days after request therefore shall, at Landlord's option, be deemed a material default under this Lease.
(b) Tenant's failure to deliver such statement within such time shall be conclusive upon Tenant that: (i) this Lease is in full force and effect and not modified except as Landlord may represent; (ii) not more than one month's Rent has been paid in advance; (iii) there are no such defaults; and, (iv) notices to Tenant shall be sent to Tenant's Mailing Address as set forth in this Lease. Notwithstanding the presumptions of this Section, Tenant shall not be relieved of its obligations to deliver said statement.
ESTOPPEL CERTIFICATE BY TENANT. Tenant shall at any time and from time to time, within ten (10) days after written notice from Landlord, execute, acknowledge, and deliver to Landlord a statement in writing 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, the security deposit, if any, and other charges are paid in advance, if any, and acknowledging that, to the best of Tenant's knowledge, there are no offsets, defenses or counterclaims with respect to the payment of Rent and that there are no uncured defaults on the part of Landlord hereunder and no events or conditions then in existence which, with the passage of time or notice or both, would constitute a default on the part of Landlord hereunder or specifying such defaults, events, or conditions if any are claimed. Tenant shall also execute and acknowledge such certificates and agreements as may be required by Landlord's mortgagee, provided such certificates or agreements do not materially alter any of the Terms hereof or expand Tenant's financial liability hereunder. Without limiting the generality of the foregoing, Tenant shall agree that if Landlord's mortgagee succeeds to Landlord's interest in the Building or assumes possession or control of the Building, such mortgagee shall not be liable for any act or omission of any prior Landlord but Tenant shall not be prohibited from seeking any recovery for such acts from the prior Landlord. It is expressly understood and agreed that any such statement may be relied upon by Landlord or any prospective purchaser or encumbrancer of all or any portion of the Building or the Property. Tenant's failure to deliver such statement within such time shall constitute a breach and default under this Lease, and shall be conclusive upon Tenant that this Lease is in full force and effect without modification except as maybe represented by Landlord, and that there are no uncured defaults in the Landlord's performance. Tenant, upon request of Landlord, will, from time to time, execute and deliver to Landlord an instrument in form reasonably satisfactory to Landlord stating whether or not Tenant has exercised any option to extend the Term of this Lease.
ESTOPPEL CERTIFICATE BY TENANT. At any time and from time to time, within ten (10) days after written request by Landlord, Tenant shall execute, acknowledge and deliver to Landlord a statement in writing certifying all matters reasonably requested by Landlord or any current or prospective purchaser, Holder of any Security Document, ground lessor or master lessor. Tenant acknowledges and agrees that it understands that any statement delivered (or to be delivered) pursuant to this Article 11 may be relied upon by any prospective purchaser of the Building or the Property or by any prospective mortgagee, ground lessor or other like encumbrancer thereof or any assignee of any such encumbrance upon the Building or the Property.
ESTOPPEL CERTIFICATE BY TENANT. Tenant agrees that at any time and from time to time, upon not less than five (5) days prior written request by Landlord, to execute, acknowledge, and deliver to Landlord a statement in writing certifying that this Lease is unmodified and in full force and effect (or if there have been modifications that the same is in full force and effect as modified and stating the modifications), and the dates to which the rental and other charges have been paid in advance, if any, it being intended that any such statement delivered pursuant to this Section may be relied upon by any prospective lender or purchaser of the fee of the Leased Premises.
ESTOPPEL CERTIFICATE BY TENANT. Landlord and Tenant agree that from time to time upon not less than five (5) days prior request of the other, to deliver to the party making the request a statement in writing certifying (a) that this Lease is unmodified and in full force and effect (or if there have been modifications that the same is in full force and effect as modified and identifying the modifications), (b) the dates to which the Rent and other charges have been paid, and (c) that, so far as the person making the certificate knows, the other party is not in default under any provision of this Lease, or if such were not to be the fact, then certifying such default of which the person making the certificate may have knowledge, it being understood that any such certificate so delivered may be relied upon by any landlord under any ground or underlying lease, or any prospective purchaser, lender, mortgagee, or any assignee of any mortgage on the Property or any party purchasing the assets of Landlord or Tenant, as the case may be, or acquiring the same by merger, succession or otherwise.
ESTOPPEL CERTIFICATE BY TENANT. At any time and from time to time, within ten (10) business days after written request by Landlord, Tenant shall execute, acknowledge and deliver to Landlord a statement in writing certifying all matters reasonably requested by Landlord and/or any prospective purchaser of the Building and/or the Property and/or any Holder. Tenant acknowledges and agrees that any statement delivered (or to be delivered) pursuant to this Article 11 may be relied upon by Landlord and any prospective purchaser of the Building and/or the Property and by any current and/or prospective Holder, and any assignee of any such Holder.
ESTOPPEL CERTIFICATE BY TENANT. At any time and from time to time, within (15) days after written request by Landlord, Tenant shall execute, acknowledge and deliver to Landlord a statement in writing certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that this Lease is in full force and effect as modified and stating the modifications), that Tenant knows of no default hereunder by Landlord and has no right of offset or deduction against the rent or any other charge payable to Landlord (or specifying any claimed), the amount of any security posted by Tenant, the dates to which the rent and other charges have been paid in advance, any increases or decreases of rent that are anticipated, the commencement date of the Lease and such other matters as may be reasonably requested by Landlord. It is intended that any statement delivered pursuant to this Section 23 may be relied upon by any purchaser of the fee or mortgages or beneficiary or assignee of any mortgage or trust deed upon the fee of the Building or Premises. Tenant's failure to deliver the statement within the period specified above shall be conclusive and binding upon Tenant that the Lease is in full force and effect without modification except as may be represented by Landlord, that there are no uncured defaults in Landlord's performance and that Tenant has no right of offset, counterclaim or deduction against rental, and that no more than one month's rental has been paid in advance.
ESTOPPEL CERTIFICATE BY TENANT. Tenant agrees at any time and from time to time, upon not less than five (5) days prior written request by Landlord, to execute, acknowledge and deliver to Landlord a statement in writing in form and content requested by Landlord or its lender or potential purchaser of the Premises certifying that this Lease is unmodified and that no default exists hereunder (except as shall be specified and which are known to Tenant), and also certifying the dates to which the rents and other charges have been paid in advance, if any, and such other matters so requested; it being intended that any such statement delivered pursuant to this section may be relied upon by any prospective purchaser of the fee or a mortgagee, trustee, beneficiary or assignee of the Premises.
ESTOPPEL CERTIFICATE BY TENANT. Section 22.1 At any time and from time to time upon not less than ------------ ten (10) days' prior request by the Landlord, Tenant agrees to execute, acknowledge and deliver to Landlord a statement on writing certifying (a) that this Lease is unmodified and in full force and effect or if there have been modification, that the same is in full force and effect as modified and identifying the modifications, (b) the dates to which the Base Rent and Additional Rent have been paid, and (c) that the Landlord is not in default under any provisions of this Lease, or if Tenant claims a default by Landlord, then Tenant shall so state and specify the claimed default. If Tenant fails to provide an estoppel certificate in a timely manner, then Tenant shall be deemed to have admitted all of the matters specified above as may be stated in an estoppel certificate prepared by Landlord on behalf of Tenant. It is intended that any such statement may be relied upon by any person proposing to acquire the Landlord's interest in this Lease or any prospective mortgagee of, or assignee of any mortgage upon, such interest.
ESTOPPEL CERTIFICATE BY TENANT. Tenant agrees to any time and from time to time, upon not less than five (5) days prior notice by Landlord, to execute, acknowledge and deliver to Landlord a statement in writing addressed to Landlord, certifying that this Lease is unmodified and in full force and effect (or, if there have been modifications, that the same is in full force and effect as modified, and stating the modification); stating the dates to which the Rent and other charges have been paid, and stating whether or not, to the best knowledge of the signer of such certificate, there exists any default in the performance of any covenant, agreement, term, provision or condition contained in this Lease, and if so, specifying each such default of which the signer may have knowledge, it being intended that any such statement delivered pursuant hereto may be relied upon by Landlord and by any prospective purchaser, mortgagee or prospective mortgagee of the Tenant's Building.
