Common use of ESTOPPEL CERTIFICATE BY TENANT Clause in Contracts

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. (a) Tenant shall from time to time upon not less than 10 business days’ prior 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, 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 Leasetransfer. (b) Tenant's ’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 ’s Rent has been paid in advance; (iii) there are no such defaults; and, and (iv) notices to Tenant shall be sent to Tenant's Mailing ’s Notice Address as set forth in this Lease. Notwithstanding the presumptions of this Section, Tenant shall not be relieved of its obligations obligation to deliver said statement.

ESTOPPEL CERTIFICATE BY TENANT. Tenant agrees, at any time and from time to time, within ten (10) Business Days after written request by Landlord or any holder of a mortgage on all or a portion of the Project or the ground lessor thereof, (a) Tenant shall from time to time upon request by Landlord execute, acknowledge and 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, (except 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. otherwise specified by 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 presently in full force and effect and not modified except as Landlord may representunmodified; (ii) not more than one month's Rent Tenant has been paid in advanceaccepted possession of the Premises; (iii) there are no such defaultsany improvements required by the terms of this Lease to be made by Landlord have been completed to the satisfaction of Tenant; and, (iv) no rent under this Lease has been paid more than thirty (30) days in advance of its due date; (v) the addresses for notices to Tenant shall be sent to Tenant's Mailing Address Tenant is as set forth in this Lease or as specified in such certificate; (vi) Tenant as of the date of executing the certificate has no charge, lien or claim of offset under this Lease. Notwithstanding , or otherwise, against rents or other charges due or to become due hereunder; (vii) Tenant is not in default under this Lease; (viii) to the presumptions best of Tenant’s knowledge, Landlord is not in default of this Section, Tenant shall not be relieved of its obligations Lease; and (ix) such other information as Landlord may reasonably request about this Lease or Tenant’s occupancy; and (b) to deliver said information in form satisfactory to Landlord and such holder or ground lessor concerning Tenant’s operations as may be found in Tenant’s then-most-recent annual audited financial statement, but only if such recipients agree in writing to keep such information confidential.

ESTOPPEL CERTIFICATE BY TENANT. Tenant agrees, at any time and from time to time, within ten (10) Business Days after written request by Landlord or any holder of a mortgage on all or a portion of the Project or the ground lessor thereof, (a) Tenant shall from time to time upon request by Landlord execute, acknowledge and 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, (except 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. otherwise specified by 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 presently in full force and effect and not modified except as Landlord may representunmodified; (ii) not more than one month's Rent Tenant has been paid in advanceaccepted possession of the Premises; (iii) there are no such defaultsany improvements required by the terms of this Lease to be made by Landlord have been completed to the satisfaction of Tenant; and, (iv) no rent under this Lease has been paid more than thirty (30) days in advance of its due date; (v) the addresses for notices to Tenant shall be sent to Tenant's Mailing Address Tenant is as set forth in this Lease or as specified in such certificate; (vi) Tenant as of the date of executing the certificate has no charge, lien or claim of offset under this Lease. Notwithstanding , or otherwise, against rents or other charges due or to become due hereunder; (vii) Tenant is not in default under this Lease; (viii) to the presumptions best of Tenant’s knowledge, Landlord is not in default of this Section, Tenant shall not be relieved of its obligations Lease; and (ix) such other information as Landlord may reasonably request about this Lease or Tenant’s occupancy; and (b) to deliver said statementinformation in form satisfactory to Landlord and such holder or ground lessor concerning Tenant’s operations as may be reasonably requested, including but not limited to historic and current financial statements of Tenant, but only if such recipients agree in writing to keep such information confidential.

ESTOPPEL CERTIFICATE BY TENANT. (a) Tenant shall from time to time upon not less than ten days prior 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 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 Buildingtransfer. Tenant's failure to do so within ten (10) 10 days after request therefore therefor shall, at Landlord's option, be deemed teemed a material default under this Lease. (b) Tenant's failure to deliver such statement within such time shall be conclusive he canclusive 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 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 obligation to deliver said statement.

ESTOPPEL CERTIFICATE BY TENANT. (a) Tenant shall from time to time upon request by Landlord will execute, acknowledge and deliver to Landlord within ten (10) days after receipt of Landlord’s written request therefore, a statement in writing certificate certifying: (ia) 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 as modified, and stating the modification); (b) the dates, if any, to which Minimum Base Rent, Percentage Rent and other sums payable hereunder have been paid, (c) that no notice has been received by Tenant of any Default which has not modified been cured except as Landlord may representto Defaults specified in said certificate; (iid) that Landlord is not more than one month's Rent has been paid in advancedefault hereunder except as specified in the certificate; and (iiie) there are no such defaults; and, (iv) notices any other matters reasonably requested and related to Tenant shall be sent to Tenant's Mailing Address as set forth in this Lease. Notwithstanding In the presumptions of this Sectionevent Tenant fails to execute and return such certificate to Landlord within said ten (10) day period, Tenant shall not be relieved of Landlord may, at its obligations option, treat failure to deliver such statement as a material default of the lease, or Landlord may execute such certificate on Xxxxxx’s behalf and agrees to provide Tenant with a copy of said statementcertificate. Any such certificate, whether executed by Tenant or Landlord on Tenant’s behalf, shall be binding upon Tenant and may be relied upon by any prospective purchaser or Mortgagee of the Premises or any part thereof.

ESTOPPEL CERTIFICATE BY TENANT. (a) Upon request, but no more than twice per calendar year, Tenant shall from time deliver to time upon request Landlord, within ten (10) days after receipt of said request, a duly executed estoppel certificate as may be required by Landlord deliver attesting to such facts regarding this lease as Landlord a statement in writing certifying: may reasonably require, including without limitation, that (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, lease is in full force and effect), binding and enforceable in accordance with its terms and unmodified; (ii) no default exists on the part of Landlord or Tenant under this Lease; (iii) there are no events which, with the passage of time or the giving of notice or both, would create a default under this Lease; (iv) no rent in excess of one month's rent has been collected in advance under this Lease; (v) Tenant has received no notice of any other sale, assignment, transfer, mortgage or pledge of this Lease or the rents due hereunder; (vi) Tenant has no defense, setoff or counterclaim against Landlord; (vii) this lease has not been modified, supplemented or amended; (viii) that Tenant is in possession of the Premises; (ix) the amount of Rent and the dates to through which the Rent has been paid; and (iii) that Landlord is not in default under any provision of this Lease (or if Landlord is in default, specifying each such default); and, (ivx) the address amount of any Security Deposit held by Landlord. Failure 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 deliver the Building. Tenant's failure to do so certificate 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 by Landlord shall be conclusive upon Tenant that: (i) for the benefit of Landlord and any successor to Landlord that this Lease is in full force and effect and has not modified been modified, supplemented, or amended, except as Landlord may represent; be represented by the party requesting the certificate. If Tenant fails to deliver the certificate within ten (ii10) not more than one month's Rent has been paid in advance; (iii) there are no days after requested by Landlord, then by such defaults; and, (iv) notices to failure Tenant shall be sent irrevocably constitute and appoint Landlord as its attorney-in-fact to Tenant's Mailing Address as set forth in this Lease. Notwithstanding execute and deliver the presumptions of this Section, Tenant shall not be relieved of its obligations certificate to deliver said statementany third party.

ESTOPPEL CERTIFICATE BY TENANT. Tenant shall execute, acknowledge and deliver to Agency (or at Agency’s request, to a prospective purchaser or mortgagee of Agency’s interest in the Premises), within fifteen (15) business days after a request, a certificate stating to the best of Tenant’s knowledge after diligent inquiry (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 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 effect, as modified, and stating the modifications or, if this Lease is not modified in full force and effect, so stating), (b) the dates, if any, to which any Rent and other sums payable hereunder have been paid, (c) that no notice has been received by Tenant of any default hereunder which has not been cured, except as Landlord to defaults specified in such certificate and (d) any other matter actually known to Tenant, directly related to this Lease and reasonably requested by Agency. In addition, if requested, Tenant shall attach to such certificate a copy of this Lease, and any amendments thereto, and include in such certificate a statement by Tenant that, to the best of its knowledge, such attachment is a true, correct and complete copy of this Lease, as applicable, including all modifications thereto. Any such certificate may represent; be relied upon by any Agency, any successor agency, and any prospective purchaser or mortgagee of the Premises or any part of Agency’s interest therein. Tenant will also use commercially reasonable efforts (iiincluding inserting a provision similar to this Section into each Sublease) not more than one month's Rent has been paid to cause Subtenants under Subleases to execute, acknowledge and deliver to Agency, within twenty (20) business days after request, an estoppel certificate covering the matters described in advance; clauses (iii) there are no such defaults; anda), (ivb), (c) notices and (d) above with respect to Tenant shall be sent to Tenant's Mailing Address as set forth in this Lease. Notwithstanding the presumptions of this Sectionsuch Sublease, but Tenant shall not be relieved in default hereunder for failure of its obligations such Subtenants to deliver said statementcomply with such provisions, nor shall Tenant be obligated to take any action against such Subtenants for failure to so comply.