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.
Appears in 3 contracts
Samples: Lease Agreement (DSL Net Inc), Lease Agreement (DSL Net Inc), Lease Agreement (DSL Net Inc)
ESTOPPEL CERTIFICATE BY TENANT. Tenant shall at At any time and from time to time, within upon not less than ten (10) days after business days' prior written notice from Landlordrequest by LANDLORD, TENANT shall execute, acknowledge, acknowledge and deliver to Landlord LANDLORD a statement in writing certifying that this Lease is unmodified and in full force and effect (oreffect, if modifiedsuch be the case (or if there have been modifications, 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 Landlordmodified, if such be the case, and stating the modifications), that, if such be the case, TENANT has no right of reduction, abatement or set-off against the rent or any other charge payable to LANDLORD, the amount of any security deposited by TENANT, the dates to which the Basic Annual Rent, additional, rents and other amounts and charges have been paid in advance, any increases or decreases of rent that there are no uncured defaults in anticipated and any other information set forth on Exhibit C hereto or as reasonably requested by LANDLORD, it being intended that any such statement delivered pursuant to this Section 27.1 may be relied upon by any purchaser of the Landlord's performancefee or mortgagee or beneficiary or assignee of any mortgage or trust deed upon the fee of the Property or Leased Premises. TenantAt any time and from time to, time, upon not less than ten (10) business days' prior written request of Landlordby TENANT, willLANDLORD shall execute, from time to time, execute acknowledge and deliver to Landlord an instrument TENANT a statement in form writing certifying that this Lease is unmodified and in full force and effect, if such be the case, or if there have been modifications, that this Lease is in full force and effect as modified, if such be the case, and stating the modifications. Such statement may include the amount of any security deposited by TENANT, the dates to which the Basic Annual Rent, Additional Rents and other amounts and charges have been paid in advance, and any other information set forth on Exhibit C hereto or as reasonably satisfactory requested by TENANT, it being intended that any such statement delivered pursuant to Landlord stating whether this Section may be relied upon by any successor or not Tenant has exercised any option to extend the Term assign of this LeaseTENANT.
Appears in 3 contracts
Samples: Lease Agreement (Color Kinetics Inc), Sublease Agreement (Smartbargains, Inc.), Sublease Agreement (Color Kinetics Inc)