Common use of Estoppel Certificates and Financial Statements Clause in Contracts

Estoppel Certificates and Financial Statements. At all times during the Lease Term, Tenant agrees, following any request by Landlord, to execute and deliver to Landlord within ten (10) days following delivery of such request an estoppel certificate: (i) 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, (ii) stating the date to which the Rent and other charges are paid in advance, if any, (iii) acknowledging that there are not any uncured defaults on the part of any party hereunder or, if there are uncured defaults, specifying the nature of such defaults, and (iv) certifying such other information about the status of the Lease and the Premises as may be required by Landlord. A failure to deliver an estoppel certificate within ten (10) days after delivery of a request therefore shall be a conclusive admission that, as of the date of the request for such statement: (i) this Lease is unmodified except as may be represented by Landlord in said request and is in full force and effect, (ii) there are no uncured defaults in Landlord’s performance, (iii) no rent has been paid more than thirty (30) days in advance, and (iv) the information regarding the status of this Lease, as represented by Landlord in said request, is true and correct. No more than twice during the Lease Term (except in connection with a proposed sale or financing of the Building) Tenant shall, upon ten (10) days’ prior written notice from landlord, provide Tenant’s most recent financial statement and financial statements covering the twenty-four (24) month period prior to the date of such most recent financial statement to any existing Lender or to any potential Lender or buyer of the Premises. Such statements shall be prepared in accordance with generally accepted accounting principles and shall be certified by Tenant’s chief financial officer as true and correct in all material respects and at Landlord’s request, supported with copies of Tenant’s bank statements or, if such is the normal practice of Tenant, shall be audited by an independent certified public accountant.

Estoppel Certificates and Financial Statements. At all times during Tenant shall, from time to time, upon the Lease Term, Tenant agrees, following any written request by of Landlord, to execute execute, acknowledge and deliver to Landlord or its designee a written statement stating: (a) the date this Lease was executed and the date it expires; (b) the date Tenant entered into occupancy of the Premises; (c) the amount of monthly Base Rent and Additional Rent and the date to which such Base Rent and Additional Rent have been paid; and (d) certifying that (1) this Lease is in full force and effect and has not been assigned, modified, supplemented or amended in any way (or specifying the date of the agreement so affecting this Lease); (2) Landlord is not in breach of this Lease (or, if so, a description of each such breach) and that no event, omission or condition has occurred which would result, with the giving of notice or the passage of time, in a breach of this Lease by Landlord; (3) this Lease represents the entire agreement between the parties with respect to the Premises; (4) all required contributions by Landlord to Tenant on account of Tenant Improvements have been received; (5) on the date of execution, there exist no defenses or offsets which the Tenant has against the enforcement of this Lease by the Landlord; (6) no Base Rent, Additional Rent or other sums payable under this Lease have been paid in advance except for Base Rent and Additional Rent for the then current month; (7) no security has been deposited with Landlord (or, if so, the amount of such security); (8) it is intended that any Tenant’s statement may be relied upon by a prospective purchaser or mortgagee of Landlord’s interest or an assignee of any such mortgagee; and (9) such other information as may be reasonably requested by Landlord. If Tenant fails to respond within ten (10) days following delivery Business Days of such request an estoppel certificate: (i) 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, (ii) stating the date to which the Rent and other charges are paid in advance, if any, (iii) acknowledging that there are not any uncured defaults on the part of any party hereunder or, if there are uncured defaults, specifying the nature of such defaults, and (iv) certifying such other information about the status of the Lease and the Premises as may be required by Landlord. A failure to deliver an estoppel certificate within ten (10) days after delivery its receipt of a written request therefore by Landlord as provided in this paragraph, such shall be a conclusive admission that, as breach of the date of the request for such statement: (i) this Lease is unmodified except as may and Tenant shall be represented deemed to have admitted the accuracy of any information supplied by Landlord in said request and is in full force and effectto a prospective purchaser, (ii) there are no uncured defaults in Landlord’s performancemortgagee or assignee. In addition, (iii) no rent has been paid more than thirty (30) days in advance, and (iv) the information regarding the status of this Lease, as represented by Landlord in said request, is true and correct. No more than twice during the Lease Term (except in connection with a proposed sale or financing of the Building) Tenant shall, from time to time, upon ten (10) days’ prior the written notice from landlordrequest of Landlord, provide Tenant’s most recent financial statement and deliver to or cause to be delivered to Landlord or its designee then current financial statements covering the twenty-four (24including a statement of operations and balance sheet and statement of cash flows) month period prior to the date of such most recent financial statement to any existing Lender or to any potential Lender or buyer of the Premises. Such statements shall be certified as accurate by a certified public accountant and prepared in accordance conformance with generally accepted accounting principles and shall be certified for (i) Tenant, (ii) any entity which owns a controlling interest in Tenant, (iii) any entity the controlling interest of which is owned by Tenant’s chief , (iv) any successor entity to Tenant by merger or operation of law, and (v) any guarantor of this Lease. Notwithstanding the foregoing, Landlord shall not request such financial officer as true and correct statements more than twice in all material respects and at any twelve (12) month period unless an Event of Default exists or such request is made in connection with a sale, financing or refinancing contemplated by Landlord’s request, supported with copies of Tenant’s bank statements or, if such is the normal practice of Tenant, shall be audited by an independent certified public accountant.

Estoppel Certificates and Financial Statements. At all times during the Lease Term, Tenant each party agrees, following any request by Landlordthe other party, promptly to execute and deliver to Landlord the requesting party within ten fifteen (1015) days following delivery of such request an estoppel certificate: (i) 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, ; (ii) stating the date to which the Rent and other charges are paid in advance, if any, ; (iii) acknowledging that there are not not, to the certifying party’s knowledge, any uncured defaults on the part of any party hereunder or, if there are uncured defaults, specifying the nature of such defaults, ; and (iv) certifying such other information about the status of the Lease and the Premises as may be reasonably required by Landlordthe requesting party. A failure to deliver an estoppel certificate within ten fifteen (1015) days after delivery of a request therefore therefor shall be a conclusive admission that, as of the date of the request for such statement: (ia) this Lease is unmodified except as may be represented by Landlord the requesting party in said request and is in full force and effect, (iib) there are no uncured defaults in Landlordthe requesting party’s performance, and (iiic) no rent has been paid more than thirty (30) days in advance, and (iv) the . For purposes of providing such information regarding the status of this Lease, as represented by Landlord in said request, is true and correct. No more than twice during the Lease Term (except in connection with a proposed sale to any potential Lender or financing buyer of the Building) , at any time during the Term that Palm, Inc. remains the guarantor of Tenant’s obligations under this Lease pursuant to Section 22.32 below, Tenant shall, upon ten fifteen (1015) days’ prior written notice from landlordLandlord (but not more than once in any fiscal quarter, unless an Event of Tenant’s Default exists hereunder, in which event such limitation shall not apply), provide TenantPalm, Inc.’s most recent financial statement and financial statements covering the twenty24-four (24) month period prior to the date of such most recent financial statement statement. Tenant shall provide Palm, Inc.’s financial information to Landlord and any existing Lender or to any potential Lender or buyer of Lender. From and after the Premisesdate that Palm, Inc. no longer is the guarantor hereunder, Tenant shall provide its own financial statements upon the terms and requirements set forth in this Section. Such statements shall be prepared in accordance with generally accepted accounting principles and shall be certified by Tenant’s chief financial officer as true and correct in all material respects and at Landlord’s request, supported with copies of Tenant’s bank statements orand, if such is the normal practice of Tenant, shall be audited by an independent certified public accountant.

Estoppel Certificates and Financial Statements. At a. Estoppel Certificate by Tenant. Tenant, any sublessee or assignee or all times during the Lease Termof any portion of Tenant's interest under this Lease, Tenant agreeswill execute, following any request by Landlord, to execute acknowledge and deliver to Landlord Landlord, within ten fifteen (1015) days following delivery of such request an estoppel certificate: (i) certifying that Landlord's written request, a certificate certifying: i. this Lease is unmodified and in full force and effect (or, if modifiedthere have been modifications, stating that the nature of such modification and certifying that this Lease, as so modified, Lease is in full force and effect, (ii) as modified, and stating the date to which modifications); ii. the Rent and other charges are paid in advancedates, if any, (to which Rent, Additional Charges and other sums payable hereunder have been paid; iii) acknowledging that there are not any uncured defaults on the part . no notice has been received by Tenant of any party hereunder Default which has not been cured, except as otherwise specified in such certificate, or, if there are is an uncured defaultsDefault, specifying the nature of such defaultssuch; iv. Landlord is not in default hereunder and no event which, and (iv) with the passing of time, giving of notice, or both, would constitute a default by Landlord hereunder; and v. certifying such other information about the status of the Lease and the Leased Premises as may be required by Landlord. A failure to deliver an estoppel certificate within ten fifteen (1015) days after delivery of a request therefore therefor shall be a conclusive admission that, as of the date of the request for such statement: (iw) this Lease is unmodified except as may be represented by Landlord in said request and is in full force and effect, (iix) there are no uncured defaults in Landlord’s 's performance, (iiiy) no rent has been paid more than thirty (30) days in advance, ; and (ivz) the information regarding the status of this the Lease, as represented by Landlord in said request, is true and correct. No more than twice during the Lease Term (except in connection with a proposed sale Any such certificate may be relied upon by any permitted prospective transferee, deed of trust beneficiary or financing mortgagee of the Building) Tenant shall, upon ten (10) days’ prior written notice from landlord, provide Tenant’s most recent financial statement and financial statements covering the twenty-four (24) month period prior to the date of such most recent financial statement to any existing Lender or to any potential Lender or buyer of the Premises. Such statements shall be prepared in accordance with generally accepted accounting principles and shall be certified by Tenant’s chief financial officer as true and correct in all material respects and at Landlord’s request, supported with copies of Tenant’s bank statements or, if such is the normal practice of Tenant, shall be audited by an independent certified public accountant's interest under this Lease.

Estoppel Certificates and Financial Statements. At all times during Tenant shall, from time to time, upon the Lease Term, Tenant agrees, following any written request by of Landlord, to execute execute, acknowledge and deliver to Landlord or its designee a written statement stating (to the extent factually accurate): (a) the date this Lease was executed and the date it expires; (b) the date Tenant entered into occupancy of the Premises; (c) the amount of monthly Base Rent and Additional Rent and the date to which such Base Rent and Additional Rent have been paid; and (d) certifying that (1) this Lease is in full force and effect and has not been assigned, modified, supplemented or amended in any way (or specifying the date of the agreement so affecting this Lease); (2) Landlord is not in breach of this Lease (or, if so, a description of each such breach) and that no event, omission or condition has occurred which would result, with the giving of notice or the passage of time, in a breach of this Lease by Landlord; (3) this Lease represents the entire agreement between the parties with respect to the Premises; (4) all required contributions by Landlord to Tenant on account of Tenant Improvements have been received; (5) on the date of execution, there exist no defenses or offsets which the Tenant has against the enforcement of this Lease by the Landlord; (6) no Base Rent, Additional Rent or other sums payable under this Lease have been paid in advance except for Base Rent and Additional Rent for the then current month; (7) no security has been deposited with Landlord (or, if so, the amount of such security); (8) it is intended that any Tenant’s statement may be relied upon by a prospective purchaser or mortgagee of Landlord’s interest or an assignee of any such mortgagee; and (9) such other information as may be reasonably requested by Landlord. If Tenant fails to respond within ten (10) days following delivery Business Days of its receipt of a written request by Landlord as provided in this paragraph 4.18, such shall be a breach of this Lease and Tenant shall be deemed to have admitted the accuracy of any information supplied by Landlord to a prospective purchaser, mortgagee or assignee. In addition, Tenant shall, from time to time, but not more than once in any twelve (12) month period (except if the Landlord is then attempting to sell or refinance the Building or if an Event of Default then exists) upon the written request an estoppel certificate: of Landlord, deliver to or cause to be delivered to Landlord or its designee then current financial statements (including a statement of operations and balance sheet and statement of cash flows) certified as accurate and prepared in conformance with generally accepted accounting principles for (i) 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 effectTenant, (ii) stating the date to any entity which the Rent and other charges are paid owns a controlling interest in advance, if anyTenant, (iii) acknowledging that there are not any uncured defaults on the part successor entity to Tenant by merger or operation of any party hereunder or, if there are uncured defaults, specifying the nature of such defaultslaw, and (iv) certifying such other information about the status of the Lease and the Premises as may be required by Landlord. A failure to deliver an estoppel certificate within ten (10) days after delivery of a request therefore shall be a conclusive admission that, as of the date of the request for such statement: (i) this Lease is unmodified except as may be represented by Landlord in said request and is in full force and effect, (ii) there are no uncured defaults in Landlord’s performance, (iii) no rent has been paid more than thirty (30) days in advance, and (iv) the information regarding the status any guarantor of this Lease, as represented by Landlord in said request, is true and correct. No more than twice during the Lease Term (except in connection with a proposed sale or financing of the Building) Tenant shall, upon ten (10) days’ prior written notice from landlord, provide Tenant’s most recent financial statement and financial statements covering the twenty-four (24) month period prior to the date of such most recent financial statement to any existing Lender or to any potential Lender or buyer of the Premises. Such statements shall be prepared in accordance with generally accepted accounting principles and shall be certified by Tenant’s chief financial officer as true and correct in all material respects and at Landlord’s request, supported with copies of Tenant’s bank statements or, if such is the normal practice of Tenant, shall be audited by an independent certified public accountant.

Estoppel Certificates and Financial Statements. At all times during the Lease Term, Tenant agrees, following within ten (10) business days after any request by Landlord, promptly to execute and deliver to Landlord within ten (10) days following delivery of such request an estoppel certificate: , (i) certifying that this Lease is unmodified and in full force and effect oreffect, or if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect, (ii) stating the date to which the Rent rent and other charges are paid in advance, if any, (iii) acknowledging that there are not not, to Tenant’s knowledge, any uncured defaults on the part of any party hereunder orLandlord hereunder, or if there are uncured defaults, specifying stating the nature of such uncured defaults, and (iv) certifying such other information about the status of the Lease and the Premises as may be reasonably required by Landlord. A Tenant’s failure to deliver an estoppel certificate within ten (10) days after delivery of a Landlord’s request therefore shall be a conclusive admission by Tenant that, as of the date of the request for such statement: , (iv) this Lease is unmodified except as may be represented by Landlord in said request and is in full force and effect, (iivi) to Tenant’s knowledge, there are no uncured defaults in Landlord’s performance, and (iiivii) no rent has been paid more than thirty (30) days in advance, and (iv) the information regarding the status of this Lease, as represented by Landlord in said request, is true and correct. No more than twice At any time during the Lease Term (except but solely in connection with a proposed any sale or financing of the Building) Project, Tenant shall, upon ten (10) business days’ prior written notice from landlordLandlord, provide Tenant’s or Tenant’s parent company’s most recent financial statement and financial statements covering the twenty-four (24) month period prior information that is publicly available of otherwise generally provided by Tenant to the date of such most recent financial statement its creditors to any existing Lender or to any potential Lender or buyer of Landlord’s interest in the Premises. Such statements shall be prepared in accordance with generally accepted accounting principles and shall be certified by Tenant’s chief financial officer as true and correct in all material respects and at Landlord’s request, supported with copies of Tenant’s bank statements or, if such is the normal practice of Tenant, shall be audited by an independent certified public accountant.

Estoppel Certificates and Financial Statements. At all times during Tenant shall, not more than twice in any twelve (12) month period, upon the Lease Term, Tenant agrees, following any written request by of Landlord, to execute execute, acknowledge and deliver to Landlord or its designee a written statement stating: (a) the date this Lease was executed and the date it expires; (b) the date Tenant entered into occupancy of the Premises; (c) the amount of monthly Base Rent and Additional Rent and the date to which such Base Rent and Additional Rent have been paid; and (d) certifying that (1) this Lease is in full force and effect and has not been assigned, modified, supplemented or amended in any way (or specifying the date of the agreement so affecting this Lease); (2) to the best of Tenant’s knowledge, Landlord is not in breach of this Lease (or, if so, a description of each such breach) and that no event, omission or condition has occurred which would result, with the giving of notice or the passage of time, in a breach of this Lease by Landlord; (3) this Lease represents the entire agreement between the parties with respect to the Premises; (4) all required contributions by Landlord to Tenant on account of Tenant Improvements have been received or stating the amount of contributions outstanding; (5) on the date of execution, to the best of Tenant’s knowledge, there exist no defenses or offsets which the Tenant has against the enforcement of this Lease by the Landlord; (6) no Base Rent, Additional Rent or other sums payable under this Lease have been paid in advance except for Base Rent and Additional Rent for the then current month; (7) no security has been deposited with Landlord (or, if so, the amount of such security); (8) it is intended that any Tenant’s statement may be relied upon by a prospective purchaser or mortgagee of Landlord’s interest or an assignee of any such mortgagee; and (9) such other information as may be reasonably requested by Landlord. If Tenant fails to respond within ten (10) days following delivery Business Days of its receipt of a written request by Landlord as provided in this paragraph, such shall be a breach of this Lease and Tenant shall be deemed to have admitted the accuracy of any information supplied by Landlord to a prospective purchaser, mortgagee or assignee. In addition, as long as Tenant is not a publicly traded corporation or company, Tenant shall, from time to time, upon the written request an estoppel certificate: of Landlord, deliver to or cause to be delivered to Landlord or its designee then current financial statements (including a statement of operations and balance sheet and statement of cash flows) certified as accurate by a certified public accountant and prepared in conformance with generally accepted accounting principles for (i) 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 effectTenant, (ii) stating the date to any entity which the Rent and other charges are paid owns a controlling interest in advance, if anyTenant, (iii) acknowledging that there are not any uncured defaults on entity the part controlling interest of any party hereunder or, if there are uncured defaults, specifying the nature of such defaultswhich is owned by Tenant, and (iv) certifying such other information about the status any successor entity to Tenant by merger or operation of the Lease and the Premises as may be required by Landlord. A failure to deliver an estoppel certificate within ten (10) days after delivery of a request therefore shall be a conclusive admission that, as of the date of the request for such statement: (i) this Lease is unmodified except as may be represented by Landlord in said request and is in full force and effect, (ii) there are no uncured defaults in Landlord’s performance, (iii) no rent has been paid more than thirty (30) days in advance, and (iv) the information regarding the status of this Lease, as represented by Landlord in said request, is true and correct. No more than twice during the Lease Term (except in connection with a proposed sale or financing of the Building) Tenant shall, upon ten (10) days’ prior written notice from landlord, provide Tenant’s most recent financial statement and financial statements covering the twenty-four (24) month period prior to the date of such most recent financial statement to any existing Lender or to any potential Lender or buyer of the Premises. Such statements shall be prepared in accordance with generally accepted accounting principles and shall be certified by Tenant’s chief financial officer as true and correct in all material respects and at Landlord’s request, supported with copies of Tenant’s bank statements or, if such is the normal practice of Tenant, shall be audited by an independent certified public accountantlaw.

Estoppel Certificates and Financial Statements. At all times during ---------------------------------------------- the Lease Term, Tenant each party agrees, following any request by Landlordthe other party, promptly to execute and deliver to Landlord within ten (10) days following delivery of such request the requesting party an estoppel certificate: , (i) 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, (ii) stating the date to which the Rent rent and other charges are paid in advance, if any, (iii) acknowledging that there are not not, to the certifying party's knowledge, any uncured defaults on the part of any party hereunder or, if there are uncured defaults, specifying the nature of such defaults, defaults and (iv) certifying such other information about the status of the Lease and the Premises as may be reasonably required by Landlordthe requesting party. A failure to deliver an estoppel certificate within ten (10) days after delivery of a request therefore therefor shall be a conclusive admission that, as of the date of the request for such statement: , (i) this Lease is unmodified except as may be represented by Landlord the requesting party in said request and is in full force and effect, (ii) there are no uncured defaults in Landlord’s the requesting party's performance, and (iii) no rent has been paid more than thirty (30) days in advance, and (iv) the information regarding the status of this Lease, as represented by Landlord in said request, is true and correct. No more than twice At any time during the Lease Term (except in connection with a proposed sale or financing of the Building) Term, Tenant shall, upon ten (10) days’ ' prior written notice from landlordLandlord, provide Tenant’s 's most recent financial statement and financial statements covering the twenty-four (24) month period prior to the date of such most recent financial statement to any existing Lender or to any potential Lender or buyer of the Premises; provided, however, that so long as Tenant is a public company the stock of which is publicly traded, Tenant shall only be obligated to provide to Landlord such financial information as has been made available to the public in filings with the Securities and Exchange Commission. Such statements shall be prepared in accordance with generally accepted accounting principles and shall be certified by Tenant’s chief financial officer as true and correct in all material respects and at Landlord’s request, supported with copies of Tenant’s bank statements orand, if such is the normal practice of Tenant, Tenant shall be audited by an independent certified public accountant. Landlord shall use reasonable efforts to keep confidential all financial statements delivered to it by Tenant pursuant to this paragraph and shall cause any potential Lender or buyer of the Premises to whom such statements are delivered to also agree to use reasonable efforts to keep such statements confidential.

Estoppel Certificates and Financial Statements. At all times during the Lease Term, Tenant agrees, following any request by Landlord, promptly to execute and deliver to Landlord within ten (10) 15 days following delivery of such request an estoppel certificate: (i) 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, (ii) stating the date to which the Rent rent and other charges are paid in advance, if any, (iii) acknowledging that there are not not, to Tenant’s knowledge, any uncured defaults on the part of any party hereunder or, if there are uncured defaults, specifying the nature of such defaults, and (iv) certifying such other information about the status of the Lease and the Premises as may be reasonably required by Landlord. A failure to deliver an estoppel certificate within ten (10) 15 days after delivery of a request therefore therefor shall be a conclusive admission that, as of the date of the request for such statement: (i) this Lease is unmodified except as may be represented by Landlord in said request and is in full force and effect, (ii) there are no uncured defaults in Landlord’s performance, and (iii) no rent has been paid more than thirty (30) 30 days in advance, and (iv) the information regarding the status of this Lease, as represented by Landlord in said request, is true and correct. No more than twice At any time during the Lease Term (except in connection with a proposed sale or financing of the Building) Tenant shall, upon ten (10) 15 days’ prior written notice from landlordLandlord, provide Tenant’s most recent financial statement and financial statements covering the twenty-four (24) 24 month period prior to the date of such most recent financial statement to any existing Lender or to any potential Lender or buyer of the Premises. Such statements shall be prepared in accordance with generally accepted accounting principles and shall be certified by Tenant’s chief financial officer as true and correct in all material respects and at Landlord’s request, supported with copies of Tenant’s bank statements orand, if such is the normal practice of Tenant, shall be audited by an independent certified public accountant. Tenant hereby authorizes Landlord to obtain one or more credit reports on Tenant at any time, and shall execute such further authorizations as Landlord may reasonably require in order to obtain a credit report.

Estoppel Certificates and Financial Statements. At all times during the Lease Term, Tenant each party agrees, following any request by Landlordthe other party, promptly to execute and deliver to Landlord within ten (10) days following delivery of such request the requesting party an estoppel certificate: certificate (i) 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, (ii) stating the date to which the Rent rent and other charges are paid in advance, if any, (iii) acknowledging that there are not not, to the certifying party's knowledge, any uncured defaults on the part of any party hereunder or, if there are uncured defaults, specifying the nature of such defaults, and (iv) certifying such other information about the status of the Lease and the Premises as may be reasonably required by Landlordthe requesting party. A failure to deliver an estoppel certificate within ten (10) days after delivery of a request therefore therefor shall be a conclusive admission that, as of the date of the request for such statement: , (ia) this Lease is unmodified except as may be represented by Landlord the requesting party in said request and is in full force and effect, (iib) there are no uncured defaults in Landlord’s the requesting party's performance, and (iiic) no rent has been paid in advance for more than thirty (30) days in advance, and (iv) the information regarding the status of this Lease, as represented by Landlord in said request, is true and correctdays. No more than twice At any time during the Lease Term (except in connection with a proposed sale or financing of the Building) Term, Tenant shall, upon ten (10) days’ days prior written notice from landlordLandlord, provide Tenant’s 's most recent financial statement and financial statements covering the twenty-four (24) month period prior to the date of such most recent financial statement to Landlord, any existing Lender or to any potential Lender or buyer of the Premises. Such statements shall be prepared in accordance with generally accepted accounting principles and shall be certified by Tenant’s chief financial officer as true and correct in all material respects and at Landlord’s request, supported with copies of Tenant’s bank statements orand, if such is the normal practice of Tenant, shall be audited by an independent certified public accountant. Failure to deliver such statements within ten (10) days after receipt of written notice from Landlord of delinquency in delivery of such statement shall be an Event of Tenant's Default under Paragraph 15. Landlord shall use reasonable efforts to keep confidential all financial statements delivered to it by Tenant pursuant to this paragraph and shall cause any potential Lender or buyer of the Premises to whom such statements are delivered also to agree to use reasonable efforts to keep such statements confidential.

Estoppel Certificates and Financial Statements. At all times during Tenant shall at any time upon fifteen (15) days prior written notice from the Lease TermLandlord execute, Tenant agrees, following any request by Landlord, to execute acknowledge and deliver to Landlord within ten (10) days following delivery and any lender of such request an estoppel certificate: Landlord or prospective purchaser of the Building a statement in writing (i) 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, (ii) stating and the date to which the Rent rent and other charges are paid in advance, if any, (iiiii) acknowledging that there are not not, to Tenant’s knowledge, any uncured defaults on the part of Landlord, or specifying such defaults if any party hereunder or, if there are uncured defaults, specifying the nature of such defaults, claimed; and (iviii) certifying confirming such other factual information about regarding the status of the this Lease and the Premises as may be required reasonably requested. Any such statement may be conclusively relied upon by Landlordany prospective purchaser or encumbrancer of the Premises. A failure Failure to deliver an estoppel certificate such statement within ten (10) days after delivery of a request therefore such time shall be a conclusive admission that, as of the date of the request for upon such statement: party that (i) this Lease is unmodified in full force and effect, without modification except as may be represented by Landlord in said request and is in full force and effectthe requesting party, (ii) there are no uncured defaults in Landlordthe requesting party’s performance, and (iii) no rent if Landlord is the requesting party, not more than one month’s Rent has been paid in advance. Tenant further agrees to deliver to Landlord, or to any lender or purchaser designated by Landlord, audited financial statements of Tenant for the preceding three (3) years within fifteen (15) business days following written request therefor from Landlord, provided that such request shall not be made more than thirty one (301) days in advance, and (iv) time per year during the information regarding Term of the status of this Lease, as represented . All such financial statements shall be received by Landlord and such lender or purchaser in said request, is true confidence and correct. No more than twice during shall be used only for purposes of evaluating the Lease Term (except in connection with a proposed sale financing or financing purchasing of the Building) Tenant shall, upon ten (10) days’ prior written notice from landlord, provide Tenant’s most recent financial statement and financial statements covering the twenty-four (24) month period prior to the date of such most recent financial statement to any existing Lender or to any potential Lender or buyer of the Premises. Such statements shall be prepared in accordance with generally accepted accounting principles and shall be certified by Tenant’s chief financial officer as true and correct in all material respects and at Landlord’s request, supported with copies of Tenant’s bank statements or, if such is the normal practice of Tenant, shall be audited by an independent certified public accountant.

Estoppel Certificates and Financial Statements. At all times during Tenant shall, from time to time, upon the Lease Term, Tenant agrees, following any written request by of Landlord, to execute execute, acknowledge and deliver to Landlord within ten (10) days following delivery of such request an estoppel certificateor its designee a written statement stating: (i1) the date this Lease was executed and the date it expires; (2) the date Tenant entered into occupancy of the Premises and the Commencement Date; (3) the amount of monthly Base Rent and Additional Rent and the date to which such Base Rent and Additional Rent have been paid; and (4) certifying that (a) this Lease is unmodified and in full force and effect and has not been assigned, modified, supplemented or amended in any way (or specifying the date of the agreement so affecting this Lease); (b) to the best of its knowledge, after due inquiry, Landlord is not in breach of this Lease (or, if modifiedso, stating a description of each such breach) and that no event, omission or condition has occurred which would result, with the nature giving of notice or the passage of time, in a breach of this Lease by Landlord; (c) this Lease represents the entire agreement between the parties with respect to the Premises; (d) all required contributions by Landlord to Tenant on account of Tenant Improvements have been received; (e) on the date of execution, to the best of Tenant’s knowledge, after due inquiry, there exist no defenses or offsets which the Tenant has against the enforcement of this Lease by the Landlord (or, if so, a description of each defense or offset); (f) no Base Rent, Additional Rent or other sums payable under this Lease have been paid in advance except for Base Rent and Additional Rent for the then current month; (g) no security has been deposited with Landlord other than the Lease Security Deposit; (h) any other certifications which are reasonable and which are required by Landlord or any purchaser, proposed purchaser and/or mortgagee or prospective mortgagee. It is intended that any Tenant’s statement may be relied upon by a prospective purchaser or mortgagee of Landlord’s interest or an assignee of any such modification mortgagee. If Tenant fails to respond within twenty (20) Business Days of its receipt of a written request by Landlord as provided in this paragraph, such shall be a breach of this Lease and certifying that this LeaseTenant shall be deemed to have admitted the accuracy of any information supplied by Landlord to a prospective purchaser, mortgagee or assignee. In addition, Tenant shall, from time to time, upon the written request of Landlord (but no more than once in a Year, unless an Event of Default then exists, whereupon no such limitation shall apply) deliver to or cause to be delivered to Landlord or its designee then current financial statements (including a statement of operations and balance sheet and statement of cash flows) certified as so modifiedaccurate by a certified public accountant (or, is if Tenant does not otherwise obtain audited financial statements, certified by the chief financial officer of Tenant) and prepared in full force and effectconformance with generally accepted accounting principles for (i) Tenant, (ii) stating the date to any entity which the Rent and other charges are paid owns a controlling interest in advance, if anyTenant, (iii) acknowledging that there are not any uncured defaults on entity the part controlling interest of any party hereunder or, if there are uncured defaults, specifying the nature of such defaultswhich is owned by Tenant, and (iv) certifying such other information about any successor entity to Tenant by merger or operation of law. Provided, however, in the status of event that the Lease then current Landlord and the Premises as may be required by Landlord. A failure Tenant are not parties to deliver an estoppel certificate within ten (10) days after delivery of a request therefore shall be a conclusive admission thatexisting confidentiality or non-disclosure agreement, as of the date of the request for such statement: (i) this Lease is unmodified except as may be represented by Landlord in said request and is in full force and effect, (ii) there are no uncured defaults in Landlord’s performance, (iii) no rent has been paid more than thirty (30) days in advance, and (iv) the information regarding the status of this Lease, as represented by Landlord in said request, is true and correct. No more than twice during the Lease Term (except in connection with a proposed sale or financing of the Building) Tenant shall, upon ten (10) days’ prior written notice from landlord, provide Tenant’s most recent financial statement and financial statements covering the twenty-four (24) month period prior condition to the date of such most recent financial statement to any existing Lender or to any potential Lender or buyer of the Premises. Such statements shall be prepared in accordance with generally accepted accounting principles and shall be certified by Tenant’s chief financial officer as true and correct in all material respects and at Landlord’s request, supported with copies receipt of Tenant’s bank financial statements or, if such is Tenant may require that Landlord execute a non-disclosure agreement substantially similar to the normal practice of Tenant, shall be audited by an independent certified public accountant.form attached hereto as Exhibit H.

Estoppel Certificates and Financial Statements. At all times during Tenant shall, from time to time, upon the Lease Term, Tenant agrees, following any written request by of Landlord, to execute execute, acknowledge and deliver to Landlord or its designee a written statement stating: (a) the date this Lease was executed and the date it expires; (b) the date Tenant entered into occupancy of the Premises; (c) the amount of monthly Base Rent and Additional Rent and the date to which such Base Rent and Additional Rent have been paid; and (d) certifying that (1) this Lease is in full force and effect and has not been assigned, modified, supplemented or amended in any way (or specifying the date of the agreement so affecting this Lease); (2) to Tenant’s actual knowledge, Landlord is not in breach of this Lease (or, if so, a description of each such breach); (3) this Lease represents the entire agreement between the parties with respect to the Premises; (4) all required contributions by Landlord to Tenant on account of Tenant Improvements have been received; (5) on the date of execution, to Tenant’s actual knowledge, there exist no defenses or offsets which the Tenant has against the enforcement of this Lease by the Landlord; (6) no Base Rent, Additional Rent or other sums payable under this Lease have been paid in advance except for Base Rent and Additional Rent for the then current month; (7) no security has been deposited with Landlord (or, if so, the amount of such security); (8) it is intended that any Tenant’s statement may be relied upon by a prospective purchaser or mortgagee of Landlord’s interest or an assignee of any such mortgagee; and (9) such other information as may be reasonably requested by Landlord. If Tenant fails to respond within ten (10) days following delivery Business Days of such request an estoppel certificate: (i) 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, (ii) stating the date to which the Rent and other charges are paid in advance, if any, (iii) acknowledging that there are not any uncured defaults on the part of any party hereunder or, if there are uncured defaults, specifying the nature of such defaults, and (iv) certifying such other information about the status of the Lease and the Premises as may be required by Landlord. A failure to deliver an estoppel certificate within ten (10) days after delivery its receipt of a written request therefore by Landlord as provided in this Section 4.18, such shall be a conclusive admission that, as breach of the date of the request for such statement: (i) this Lease is unmodified except as may and Tenant shall be represented deemed to have admitted the accuracy of any information supplied by Landlord in said request and to a prospective purchaser, mortgagee or assignee. In addition, to the extent Tenant is in full force and effectnot publicly traded, (ii) there are no uncured defaults in Landlord’s performance, (iii) no rent has been paid more than thirty (30) days in advance, and (iv) the information regarding the status of this Lease, as represented by Landlord in said request, is true and correct. No more than twice during the Lease Term (except in connection with a proposed sale or financing of the Building) Tenant shall, from time to time, upon ten (10) days’ prior the written notice from landlordrequest of Landlord, provide Tenant’s most recent financial statement and deliver to or cause to be delivered to Landlord or its designee then current financial statements covering the twenty-four (24including a statement of operations and balance sheet and statement of cash flows) month period prior to the date of such most recent financial statement to any existing Lender or to any potential Lender or buyer of the Premises. Such statements shall be as are prepared in accordance the ordinary course of business certified as accurate by a certified public accountant and prepared in conformance with generally accepted accounting principles and shall be certified for (i) Tenant, (ii) any entity which owns a controlling interest in Tenant, (iii) any entity the controlling interest of which is owned by Tenant’s chief , (iv) any successor entity to Tenant by merger or operation of law, and (v) any guarantor of this Lease. Any such financial officer statements that are not publicly available and are furnished to Landlord hereunder may be designated by Tenant as true and correct “confidential”, in all material respects and at Landlord’s request, supported which case Landlord shall execute a commercially reasonable non-disclosure agreement with copies of Tenant’s bank statements or, if such is respect to the normal practice of Tenant, shall be audited by an independent certified public accountantsame.

Estoppel Certificates and Financial Statements. At all times during Tenant shall, from time to time, upon the Lease Term, Tenant agrees, following any written request by of Landlord, to execute execute, acknowledge and deliver to Landlord or its designee a written statement stating: (a) the date this Lease was executed and the date it expires; (b) the date Tenant entered into occupancy of the Premises; (c) the amount of monthly Base Rent and Additional Rent and the date to which such Base Rent and Additional Rent have been paid; and (d) certifying (i) that this Lease is in full force and effect and has not been assigned, modified, supplemented or amended in any way (or specifying the date of the agreement so affecting this Lease); (ii) to the best of Tenant’s knowledge, Landlord is not in breach of this Lease (or, if so, a description of each such breach) and that no event, omission or condition has occurred which would result, with the giving of notice or the passage of time, in a breach of this Lease by Landlord; (iii) that this Lease represents the entire agreement between the parties with respect to the Premises; (iv) whether all required contributions by Landlord to Tenant on account of tenant improvements have been received; (v) whether, to the best of Tenant’s knowledge, on the date of execution, there exist any defenses or offsets which the Tenant has against the enforcement of this Lease by the Landlord; (vi) that no Base Rent, Additional Rent or other sums payable under this Lease have been paid in advance except for Base Rent and Additional Rent for the then current month; (vii) that no security has been deposited with Landlord (or, if so, the amount of such security); (viii) that it is intended that any Tenant’s statement may be relied upon by a prospective purchaser or mortgagee of Landlord’s interest or an assignee of any such mortgagee; and (ix) such other factual information as may be reasonably requested by Landlord. If Tenant fails to respond within ten (10) days following delivery Business Days of such request an estoppel certificate: (i) 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, (ii) stating the date to which the Rent and other charges are paid in advance, if any, (iii) acknowledging that there are not any uncured defaults on the part of any party hereunder or, if there are uncured defaults, specifying the nature of such defaults, and (iv) certifying such other information about the status of the Lease and the Premises as may be required by Landlord. A failure to deliver an estoppel certificate within ten (10) days after delivery its receipt of a written request therefore by Landlord as provided in this Section 4.18, such shall be a conclusive admission that, as breach of the date of the request for such statement: (i) this Lease is unmodified except as may and Tenant shall be represented deemed to have admitted the accuracy of any information supplied by Landlord in said request and is in full force and effectto a prospective purchaser, (ii) there are no uncured defaults in Landlord’s performancemortgagee or assignee. In addition, (iii) no rent has been paid more than thirty (30) days in advance, and (iv) the information regarding the status of this Lease, as represented by Landlord in said request, is true and correct. No more than twice during the Lease Term (except in connection with a proposed sale or financing of the Building) Tenant shall, from time to time, upon ten (10) days’ prior the written notice from landlordrequest of Landlord, provide Tenant’s most recent financial statement and deliver to or cause to be delivered to Landlord or its designee then current financial statements covering the twenty-four (24including a statement of operations and balance sheet and statement of cash flows) month period prior to the date of such most recent financial statement to any existing Lender or to any potential Lender or buyer of the Premises. Such statements shall be certified as accurate by a certified public accountant and prepared in accordance conformance with generally accepted accounting principles and shall be certified for (1) Tenant, (2) any entity which owns a controlling interest in Tenant, (3) any entity the controlling interest of which is owned by Tenant’s chief , (4) any successor entity to Tenant by merger or operation of law, and (5) any guarantor of this Lease. Notwithstanding the foregoing, Tenant shall not be required to provide financial officer information as true and correct in all material respects and at Landlord’s request, supported with copies of required under this Section 4.18 so long as Tenant’s bank statements or, if such financial information is the normal practice of Tenant, shall be audited by an independent certified public accountantpublicly available.

Estoppel Certificates and Financial Statements. At all times during the Lease Term, Tenant agrees, following shall at any request by Landlord, to execute and deliver to Landlord within time upon ten (10) days following delivery prior written notice from the Landlord execute, acknowledge and deliver to Landlord and any lender of such request an estoppel certificate: Landlord or prospective purchaser of the Building a statement in writing (i) 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, (ii) stating and the date to which the Rent rent and other charges are paid in advance, if any, (iiiii) acknowledging that there are not not, to Tenant's knowledge, any uncured defaults on the part of Landlord, or specifying such defaults if any party hereunder or, if there are uncured defaults, specifying the nature of such defaults, claimed; and (iviii) certifying confirming such other factual information about regarding the status of the this Lease and the Premises as may be required requested. Any such statement may be conclusively relied upon by Landlordany prospective purchaser or encumbrancer of the Premises. A failure Failure to deliver an estoppel certificate such statement within ten (10) days after delivery of a request therefore such time shall be a conclusive admission that, as of the date of the request for upon such statement: party that (i) this Lease is unmodified in full force and effect, without modification except as may be represented by Landlord in said request and is in full force and effectthe requesting party, (ii) there are no uncured defaults in Landlord’s the requesting party's performance, and (iii) no rent if Landlord is the requesting party, not more than one month's Rent has been paid in advance. Tenant further agrees to deliver to Landlord, or to any lender or purchaser designated by Landlord, audited financial statements of Tenant for the preceding three (3) years within fifteen (15) business days following written request therefor from Landlord, provided that such request shall not be made more than thirty one (301) days in advance, and (iv) time per year during the information regarding Term of the status of this Lease, as represented . All such financial statements shall be received by Landlord and such lender or purchaser in said request, is true confidence and correct. No more than twice during shall be used only for purposes of evaluating the Lease Term (except in connection with a proposed sale financing or financing purchasing of the Building) Tenant shall, upon ten (10) days’ prior written notice from landlord, provide Tenant’s most recent financial statement and financial statements covering the twenty-four (24) month period prior to the date of such most recent financial statement to any existing Lender or to any potential Lender or buyer of the Premises. Such statements shall be prepared in accordance with generally accepted accounting principles and shall be certified by Tenant’s chief financial officer as true and correct in all material respects and at Landlord’s request, supported with copies of Tenant’s bank statements or, if such is the normal practice of Tenant, shall be audited by an independent certified public accountant.

Estoppel Certificates and Financial Statements. At all times during the Lease Term, Tenant agrees, following any request by Landlord, to execute and deliver to Landlord shall within ten (10) days following delivery of such request an estoppel certificateby Landlord: (ia) execute and deliver to Landlord any documents, including estoppel certificates, (1) certifying that this Lease has not been modified and 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, (ii2) stating the date to which the Rent rent and other charges are paid in advance, if anyat all, (iii3) acknowledging that there are not not, to Tenant's knowledge, any uncured defaults on the part of any party hereunder orLandlord hereunder, or if there are uncured defaultsdefaults on the part of Landlord, specifying stating the nature of such uncured defaults, and (iv4) certifying such other information about evidencing the status of the this Lease and the Premises as may be required either by a lender making a loan to Landlord to be secured by a deed of trust or mortgage encumbering the premises or a purchaser of the premises from Landlord. A failure ; and (b) deliver to deliver Landlord the current financial statements of Tenant with an estoppel certificate within ten (10) days after delivery opinion of a request therefore shall be certified /s/ illegible /s/ MAB ------------- ------- Landlord 23 Tenant public accountant, if available, including a conclusive admission that, as of balance sheet and profit and loss statement for the date of the request for such statement: (i) this Lease is unmodified except as may be represented by Landlord in said request and is in full force and effect, (ii) there are no uncured defaults in Landlord’s performance, (iii) no rent has been paid more than thirty (30) days in advancethen current fiscal year, and the two (iv2) the information regarding the status of this Leaseimmediately prior fiscal years (if available), as represented by Landlord in said request, is true and correct. No more than twice during the Lease Term (except in connection with a proposed sale or financing of the Building) Tenant shall, upon ten (10) days’ prior written notice from landlord, provide Tenant’s most recent financial statement and financial statements covering the twenty-four (24) month period prior to the date of such most recent financial statement to any existing Lender or to any potential Lender or buyer of the Premises. Such statements shall be all prepared in accordance with generally accepted accounting principles and consistently applied. Tenant's failure to deliver any such documents, including an estoppel certificate, or any such financial statements within ten (10) days following such request shall be certified by Tenant’s chief financial officer as true and correct in all material respects and at Landlord’s request, supported with copies an Event of Tenant’s bank statements or, if such is the normal practice of Tenant, shall be audited by an independent certified public accountantDefault under this Lease.

Estoppel Certificates and Financial Statements. 21.1 At all times during the Lease Term, Tenant agrees, any time and from time to time within twenty (20) days following any written request by Landlord, Landlord’s Mortgagee or any purchaser at a foreclosure sale of the Premises, Tenant will furnish to execute and deliver to Landlord within ten Landlord, Landlord’s Mortgagee or any purchaser at a foreclosure sale of the Premises (10as applicable) days following delivery a certificate from an authorized member of such request an estoppel certificate: (i) Tenant certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature of such modification and certifying (or that this Lease, as so modified, Lease is in full force and effecteffect as modified and setting forth the modifications), (ii) stating the date dates to which the Rent has been paid and such other charges reasonable statements or information as requested. Any such certificate furnished pursuant to this Article maybe relied upon by Landlord, Landlord’s Mortgagee and any prospective purchaser of the Building. 21.2 Within one-hundred twenty (120) days after the end of each of Tenant’s fiscal years, Tenant will furnish or cause to furnish to Landlord a copy of the Financial Statements for the preceding fiscal year of Tenant, to the extent that such financial statements are paid prepared and available; provided that Tenant shall not be obligated to provide such information to Landlord it deems confidential and sensitive in advanceits reasonable discretion. Landlord shall keep confidential all non-public information designated in writing by Tenant as confidential and shall not share such information with any third parties (except (1) to Landlord’s attorneys, if anyconsultants, accountants, lenders or prospective purchasers of Landlord’s interest in the project, (iii2) acknowledging that there are not any uncured defaults on the part of any party hereunder or, if there are uncured defaults, specifying the nature of such defaultsin litigation between Landlord and Tenant, and (iv3) certifying such other information about the status of the Lease and the Premises as may be if required by Landlord. A failure to deliver an estoppel certificate within ten (10) days after delivery of a request therefore shall be a conclusive admission thatcourt order, as of without the date of the request for such statement: (i) this Lease is unmodified except as may be represented by Landlord in said request and is in full force and effect, (ii) there are no uncured defaults in Landlord’s performance, (iii) no rent has been paid more than thirty (30) days in advance, and (iv) the information regarding the status of this Lease, as represented by Landlord in said request, is true and correct. No more than twice during the Lease Term (except in connection with a proposed sale or financing of the Building) Tenant shall, upon ten (10) days’ prior written notice from landlord, provide Tenant’s most recent financial statement and financial statements covering the twenty-four (24) month period prior to the date of such most recent financial statement to any existing Lender or to any potential Lender or buyer of the Premises. Such statements shall be prepared in accordance with generally accepted accounting principles and shall be certified by Tenant’s chief financial officer as true and correct in all material respects and at Landlord’s request, supported with copies consent of Tenant’s bank statements or, if such is the normal practice of Tenant, shall be audited by an independent certified public accountant.

Estoppel Certificates and Financial Statements. At all times during the Lease Term, Tenant Either party agrees, following any request by Landlordthe other party, to promptly (and in no event greater than twenty (20) calendar days) execute and deliver to Landlord within ten (10) days following delivery of such request the requesting party an estoppel certificate: certificate upon which the requesting party and others it designates may rely (ia) certifying that this Lease is unmodified and in full force and effect effect, or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect, (iib) stating the date to which the Rent rent and other charges are paid in advance, if any, (iiic) acknowledging that there are not not, to the responding party’s knowledge, any uncured defaults on the part of any the requesting party hereunder orhereunder, or if there are uncured defaultsdefaults on the part of the requesting party, specifying stating the nature of such defaults, uncured defaults and (ivd) certifying such other information about the status of the this Lease and the Premises as may be reasonably required by Landlordthe requesting party. A the responding party’s failure to deliver an estoppel certificate within ten twenty (1020) days after delivery of a the requesting party’s request therefore therefor shall be a conclusive admission by the responding party that, as of the date of the request for such statement: , (ia) this Lease is unmodified except as may be represented by Landlord the requesting party in said request and is in full force and effect, (iib) there are no uncured defaults in Landlordthe requesting party’s performance, and (iiic) no rent has been paid more than thirty (30) days in advance, and (iv) the information regarding the status of this Lease, as represented by Landlord in said request, is true and correct. No more than twice At any time during the Lease Term (except in connection with a proposed sale or financing of the Building) Term, Tenant shall, upon ten (10) days’ prior written notice from landlordLandlord, provide Tenant’s most recent financial statement and financial statements covering the twenty-four (24) month period months prior to the date of such most recent financial statement to any existing Lender or to any potential Lender or buyer of the PremisesProperty; provided, however, the foregoing shall not apply to any Tenant that is a public company inasmuch as its financial statements are publicly available. Such statements shall be prepared in accordance with generally accepted accounting principles and shall be certified by Tenant’s chief financial officer as true and correct in all material respects and at Landlord’s request, supported with copies of Tenant’s bank statements orand, if such is the normal practice of Tenant, shall be audited by an independent certified public accountant.

Estoppel Certificates and Financial Statements. At all times during Tenant shall, from time to time, upon the Lease Term, Tenant agrees, following any written request by of Landlord, to execute execute, acknowledge and deliver to Landlord or its designee a written statement stating: (a) the date this Lease was executed and the date it expires; (b) the date Tenant entered into occupancy of the Premises; (c) the amount of monthly Base Rent and Additional Rent and the date to which such Base Rent and Additional Rent have been paid; and (d) certifying that (1) this Lease is in full force and effect and has not been assigned, modified, supplemented or amended in any way (or specifying the date of the agreement so affecting this Lease); (2) Landlord is not in breach of this Lease (or, if so, a description of each such breach) and that no event, omission or condition has occurred which would result, with the giving of notice or the passage of time, in a breach of this Lease by Landlord (or, if so, providing a description); (3) this Lease represents the entire agreement between the parties with respect to the Premises; (4) all required contributions by Landlord to Tenant on account of Tenant Improvements have been received (or describing any that have not been received); (5) on the date of execution, there exist no defenses or offsets which the Tenant has against the enforcement of this Lease by the Landlord (or describing any such defenses or offsets); (6) no Base Rent, Additional Rent or other sums payable under this Lease have been paid in advance except for Base Rent and Additional Rent for the then current (or next succeeding) month; (7) no security has been deposited with Landlord (or, if so, the amount of such security); (8) it is intended that any Tenant's statement may be relied upon by a prospective purchaser or mortgagee of Landlord's interest or an assignee of any such mortgagee; and (9) such other information as may be reasonably requested by Landlord. If Tenant fails to respond within ten (10) days following delivery Business Days of such request an estoppel certificate: (i) 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, (ii) stating the date to which the Rent and other charges are paid in advance, if any, (iii) acknowledging that there are not any uncured defaults on the part of any party hereunder or, if there are uncured defaults, specifying the nature of such defaults, and (iv) certifying such other information about the status of the Lease and the Premises as may be required by Landlord. A failure to deliver an estoppel certificate within ten (10) days after delivery its receipt of a written request therefore by Landlord as provided in this paragraph, such shall be a conclusive admission that, as of the date of the request for such statement: (i) this Lease is unmodified except as may be represented by Landlord in said request and is in full force and effect, (ii) there are no uncured defaults in Landlord’s performance, (iii) no rent has been paid more than thirty (30) days in advance, and (iv) the information regarding the status breach of this Lease. In addition, as represented by Landlord in said request, is true and correct. No more than twice during the Lease Term (except in connection with a proposed sale or financing of the Building) Tenant shall, from time to time, upon ten (10) days’ prior the written notice from landlordrequest of Landlord, provide Tenant’s most recent financial statement and deliver to or cause to be delivered to Landlord or its designee unaudited financial statements covering (including a statement of operations and balance sheet and statement of cash flows) for the twenty-four fiscal period most recently completed for which such statements are available (24but in no event more than two quarters in arrears) month period prior to the date of such most recent financial statement to any existing Lender or to any potential Lender or buyer of the Premises. Such statements shall be and prepared in accordance conformance with generally accepted accounting principles and shall be certified by for (i) Tenant’s chief financial officer as true and correct in all material respects and at Landlord’s request, supported with copies of Tenant’s bank statements or, if such is the normal practice of Tenant, shall be audited by an independent certified public accountant.,

Estoppel Certificates and Financial Statements. At all times during the Lease Term, Tenant agrees, following any request by Landlord, to execute and deliver to Landlord within ten (10) days following delivery of such request an estoppel certificate: (i) 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, (ii) stating the date to which the Rent and other charges are paid in advance, if any, (iii) acknowledging that there are not any uncured defaults on the part of any party hereunder or, if there are uncured defaults, specifying the nature of such defaults, and (iv) certifying such other information about the status of the Lease and the Premises as may be required by Landlord. A failure to deliver an estoppel certificate within ten (10) days after delivery of a request therefore therefor shall be a conclusive admission that, as of the date of the request for such statement: (i) this Lease is unmodified except as may be represented by Landlord in said request and is in full force and effect, (ii) there are no uncured defaults in Landlord’s performance, (iii) no rent has been paid more than thirty (30) days in advance, and (iv) the information regarding the status of this Lease, as represented by Landlord in said request, is true and correct. No more than twice At any time during the Lease Term (except in connection with a proposed sale or financing of the Building) Term, Tenant shall, upon ten (10) days’ prior written notice from landlordLandlord, provide Tenant’s most recent financial statement and financial statements covering the twenty-four (24) month period prior to the date of such most recent financial statement to any existing Lender or to any potential Lender or buyer of the Premises. Such statements shall be prepared in accordance with generally accepted accounting principles and shall be certified by Tenant’s chief financial officer as true and correct in all material respects and at Landlord’s request, supported with copies of Tenant’s bank statements or, if such is the normal practice of Tenant, shall be audited by an independent certified public accountant.

Estoppel Certificates and Financial Statements. At all times during the Lease Term, Tenant Each party agrees, following any request by Landlordthe other party not more often than twice during any calendar year (except in connection with a prospective sale or financing), to execute and deliver to Landlord the requesting party within ten (10) days following delivery of such Business Days after written request an estoppel certificate: certificate upon which the requesting party and others it reasonably designates may rely (ia) certifying that this Lease is unmodified and in full force and effect effect, or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect, (iib) stating the date to which the Rent rent and other charges are have been paid, including any rents or charges that have been paid in advance, if any, (iiic) acknowledging that there are not not, to the requested party’s knowledge, any uncured defaults on the part of any the requesting party hereunder orhereunder, or if there are uncured defaultsdefaults on the part of the requesting party, specifying stating the nature of such defaults, uncured defaults and (ivd) certifying such other information about the status of the this Lease and the Premises as may be required reasonably requested by Landlordthe requesting party. A In the event that such other party fails to execute and deliver any such estoppel certificate within such ten (10)-Business Day period, provided that the requesting party has delivered written notice to the other party, specifying such other party's failure to execute and deliver an such estoppel certificate during such ten (10)-business day period, and such other party has not cured such failure within ten (10) days after Business Days following the date of delivery of a request therefore such notice, such other party's failure to execute any such estoppel certificate shall be a conclusive admission thatby Tenant or Landlord, as of the date of case may be, that all matters so requested by the request for such statement: (i) this Lease is unmodified except as may be represented by Landlord in said request and is in full force and effect, (ii) there other party are no uncured defaults in Landlord’s performance, (iii) no rent has been paid more than thirty (30) days in advance, and (iv) the information regarding the status of this Lease, as represented by Landlord in said request, is true and correctaccurate. No more than twice At any time during the Lease Term (but no more frequently than once per calendar year (except in connection with a proposed prospective sale or financing of the BuildingProperty by Landlord, in which case twice per calendar year)) and only following the parties’ execution of a commercially reasonable non-disclosure agreement). Tenant shall, upon ten (10) daysBusiness Days’ prior written notice from landlordLandlord, provide Tenant’s 's most recent financial statement and financial statements covering the twenty-four (24) month period months prior to the date of such most recent financial statement to Landlord (except to the extent financial statements for such period have already been provided to Landlord in connection with any prior year’s request) and any existing Lender lender or to any potential Lender lender or buyer of the PremisesProperty, subject to customary confidentiality agreements reasonably satisfactory to Tenant. Such statements shall be prepared in accordance with generally accepted accounting principles and shall be certified by Tenant’s chief financial officer as true standard accounting practices consistently applied, and correct in all material respects and at Landlord’s request, supported with copies of Tenant’s bank statements or, if such is the normal practice of Tenant, shall be audited by an independent certified public accountantaccountant but only in the event such audited financials have already been prepared at the time of the request.

Estoppel Certificates and Financial Statements. At all times during 4.18.1 Tenant shall, from time to time, upon the Lease Term, Tenant agrees, following any written request by of Landlord, to execute execute, acknowledge and deliver to Landlord or its designee a written statement stating: (a) the date this Lease was executed and the date it expires; (b) the date Tenant entered into occupancy of the Premises; (c) the amount of monthly Base Rent and Additional Rent and the date to which such Base Rent and Additional Rent have been paid; and (d) certifying that (1) this Lease is in full force and effect and has not been assigned by Tenant, modified, supplemented or amended in any way (or specifying the date of the agreement so affecting this Lease); (2) to Tenant’s knowledge, Landlord is not in breach of this Lease (or, if such a breach is known to Tenant, a description of each such breach) and that to Tenant’s knowledge no event, omission or condition has occurred which would result, with the giving of notice or the passage of time, in a breach of this Lease by Landlord; (3) this Lease represents the entire agreement between the parties with respect to the Premises; (4) whether or not all required contributions by Landlord to Tenant on account of Tenant Improvements have been received; (5) on the date of execution, to Tenant’s knowledge, whether or not there exist no defenses or offsets which the Tenant has against the enforcement of this Lease by the Landlord; (6) no Base Rent, Additional Rent or other sums payable under this Lease have been paid in advance except for Base Rent and Additional Rent for the then current month and any Prepaid Rent, to the extent not then applied; (7) no security has been deposited with Landlord (or, if so, the amount of such security); (8) it is intended that any Tenant’s statement may be relied upon by a prospective purchaser or mortgagee of Landlord’s interest or an assignee of any such mortgagee; and (9) such other information as may be reasonably requested by Landlord. If Tenant fails to respond within ten (10) days following delivery Business Days of such request an estoppel certificate: (i) 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, (ii) stating the date to which the Rent and other charges are paid in advance, if any, (iii) acknowledging that there are not any uncured defaults on the part of any party hereunder or, if there are uncured defaults, specifying the nature of such defaults, and (iv) certifying such other information about the status of the Lease and the Premises as may be required by Landlord. A failure to deliver an estoppel certificate within ten (10) days after delivery its receipt of a written request therefore by Landlord as provided in this paragraph, such shall be a conclusive admission that, as breach of the date of the request for such statement: (i) this Lease is unmodified except as may and Tenant shall be represented deemed to have admitted the accuracy of any information supplied by Landlord in said request and to a prospective purchaser, mortgagee or assignee.. 4.18.2 If Tenant is in full force and effectnot a publicly traded corporation or a subsidiary of a publicly traded corporation, (ii) there are no uncured defaults in Landlord’s performance, (iii) no rent has been paid more than thirty (30) days in advance, and (iv) the information regarding the status of this Lease, as represented by Landlord in said request, is true and correct. No more than twice during the Lease Term (except in connection with a proposed sale or financing of the Building) Tenant shall, from time to time (but not more than once in any twelve (12) month period), upon ten (10) days’ prior the written notice from landlordrequest of Landlord, provide Tenant’s most recent financial statement and deliver to or cause to be delivered to Landlord or its designee then current financial statements covering the twenty-four (24) month period prior to the date certified as accurate by a certified public accountant or authorized representative of such most recent financial statement to any existing Lender or to any potential Lender or buyer of the Premises. Such statements shall be Tenant and prepared in accordance conformance with generally accepted accounting principles and shall be certified by Tenant’s chief financial officer as true and correct in all material respects and at Landlord’s request, supported with copies of Tenant’s bank statements or, if such is the normal practice of for (i) Tenant, shall be audited (ii) any guarantor of this Lease (if guarantor is not a publicly traded corporation or subsidiary of a publicly traded corporation), and (iii) any successor entity to Tenant by an independent certified public accountantmerger or operation of law.

Estoppel Certificates and Financial Statements. At all times during the Lease Term(a) Delivery by Tenant. Tenant shall, Tenant agrees, within ten (10) business ------------------ days following any request by LandlordLandlord therefor and without charge, to execute and deliver to Landlord within ten (10) days following delivery any and all documents, estoppel certificates and current financial statements of such request an Tenant reasonably requested by Landlord in connection with the sale or financing of the Premises, Building or Land, or requested by any lender making a loan affecting the Premises, Building or Land. Landlord may require that Tenant in any estoppel certificate: certificate shall (i) certifying certify that this Lease is unmodified and in full force and effect (or, if modified, stating state the nature of such modification and certifying certify that this Lease, as so modified, is in full force and effect) and has not been assigned, (ii) stating certify the date to which the Rent and other charges Rentals are paid in advance, if any, (iii) acknowledging acknowledge that there are not to Tenant's knowledge, any uncured defaults on the part of Landlord hereunder, or specify such defaults if claimed, (iv) evidence the status of this Lease as may be required either by a lender making a loan to Landlord to be secured by a deed of trust or mortgage covering the Premises, Building or Land or a purchaser of the Premises, Building or Land from Landlord, (v) warrant that in the event any party hereunder orbeneficiary of any security instrument encumbering the Premises, if there are uncured defaultsBuilding or Land forecloses on the security instrument or sells the Premises, specifying Building or Land pursuant to any power of sale contained in such security instrument, such beneficiary shall not be liable for the nature Security Deposit, unless the Security Deposit actually has been received by the beneficiary from Landlord, (vi) certify the date Tenant entered into occupancy of such defaultsthe Premises and that Tenant is conducting business at the Premises, (vii) certify that all improvements to be constructed on the Premises by Landlord have been substantially completed except for punch list items which do not prevent Tenant from using the Premises for its intended use, and (ivviii) certifying certify such other information about the status of matters relating to the Lease and the and/or Premises as may be required reasonably requested by Landlord. A failure a lender making a loan to deliver an estoppel certificate within ten (10) days after delivery of Landlord or a request therefore shall be a conclusive admission that, as of the date of the request for such statement: (i) this Lease is unmodified except as may be represented by Landlord in said request and is in full force and effect, (ii) there are no uncured defaults in Landlord’s performance, (iii) no rent has been paid more than thirty (30) days in advance, and (iv) the information regarding the status of this Lease, as represented by Landlord in said request, is true and correct. No more than twice during the Lease Term (except in connection with a proposed sale or financing of the Building) Tenant shall, upon ten (10) days’ prior written notice from landlord, provide Tenant’s most recent financial statement and financial statements covering the twenty-four (24) month period prior to the date of such most recent financial statement to any existing Lender or to any potential Lender or buyer purchaser of the Premises, Building or Land from Landlord. Such Any such estoppel certificate may be conclusively relied upon by any prospective purchaser or encumbrancer of the Premises, Building or Land. Any financial statements of Tenant shall be include an opinion of a certified public accountant (if available) and a balance sheet and profit and loss statement for the most recent fiscal year, or a reasonable substitute for the form of such financial informa- tion, all prepared in accordance with generally accepted accounting principles and shall be certified by Tenant’s chief financial officer as true and correct in all material respects and at Landlord’s request, supported with copies of Tenant’s bank statements or, if such is the normal practice of Tenant, shall be audited by an independent certified public accountantconsistently applied.

Estoppel Certificates and Financial Statements. At all times during Tenant shall, from time to time, upon the Lease Term, Tenant agrees, following any written request by of Landlord, to execute execute, acknowledge and deliver to Landlord or its designee a written statement stating (if such is the case): (a) the date this Lease was executed and the date it expires; (b) the date Tenant entered into occupancy of the Premises; (c) the amount of monthly Base Rent and Additional Rent and the date to which such Base Rent and Additional Rent have been paid; and (d) certifying that (1) this Lease is in full force and effect and has not been assigned, modified, supplemented or amended in any way (or specifying the date of the agreement so affecting this Lease); (2) Landlord is not in breach of this Lease (or, if so, a description of each such breach) and that (if such is the case) no event, omission or condition has occurred which would result, with the giving of notice or the passage of time, in a breach of this Lease by Landlord; (3) this Lease represents the entire agreement between the parties with respect to the Premises; (4) all required contributions by Landlord to Tenant on account of Tenant Improvements have been received; (5) on the date of execution, there exist no defenses or offsets which the Tenant has against the enforcement of this Lease by the Landlord; (6) no Base Rent, Additional Rent or other sums payable under this Lease have been paid in advance except for Base Rent and Additional Rent for the then current month; (7) no security has been deposited with Landlord (or, if so, the amount of such security); (8) it is intended that any Tenant’s statement may be relied upon by a prospective purchaser or mortgagee of Landlord’s interest or an assignee of any such mortgagee; and (9) such other information as may be reasonably requested by Landlord. If Tenant fails to respond within ten (10) days following delivery Business Days of such its receipt of a written request an estoppel certificate: (i) certifying that by Landlord as provided in this Lease is unmodified and in full force and effect orparagraph, if modified, stating Tenant shall be deemed to have admitted the nature of such modification and certifying that this Lease, as so modified, is in full force and effect, (ii) stating the date to which the Rent and other charges are paid in advance, if any, (iii) acknowledging that there are not any uncured defaults on the part accuracy of any party hereunder or, if there are uncured defaults, specifying the nature of such defaults, and (iv) certifying such other information about the status of the Lease and the Premises as may be required by Landlord. A failure to deliver an estoppel certificate within ten (10) days after delivery of a request therefore shall be a conclusive admission that, as of the date of the request for such statement: (i) this Lease is unmodified except as may be represented supplied by Landlord in said request and is in full force and effectto a prospective purchaser, (ii) there are no uncured defaults in Landlord’s performancemortgagee or assignee. In addition, (iii) no rent has been paid more than thirty (30) days in advance, and (iv) the information regarding the status of this Lease, as represented by Landlord in said request, is true and correct. No more than twice during the Lease Term (except in connection with a proposed sale or financing of the Building) Tenant shall, not more than once per calendar year, upon ten (10) days’ prior the written notice from landlordrequest of Landlord, provide Tenant’s deliver to or cause to be delivered to Landlord or its designee the most recent financial statements (including a statement of operations and financial statements covering the twenty-four (24balance sheet) month period prior to the date of such most recent financial statement to any existing Lender or to any potential Lender or buyer of the Premises. Such statements shall be certified as accurate by a certified public accountant and prepared in accordance conformance with generally accepted accounting principles and shall be certified for (i) Tenant, (ii) any entity which owns a controlling interest in Tenant, (iii) any entity the controlling interest of which is owned by Tenant’s chief financial officer as true , (any successor entity to Tenant by merger or operation of law, and correct in all material respects and at Landlord’s request, supported with copies (v) any guarantor of Tenant’s bank statements or, if such is the normal practice of Tenant, shall be audited by an independent certified public accountantthis Lease.

Estoppel Certificates and Financial Statements. At all times during the Lease Term, Tenant agrees, following any request by Landlord, to execute and deliver to Landlord within ten (10) days following delivery of such request an estoppel certificate: (i) 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, (ii) stating the date to which the Rent and other charges are paid in advance, if any, (iii) acknowledging that there are not any uncured defaults on the part of any party hereunder or, if there are uncured defaults, specifying the nature of such defaults, and (iv) certifying such other information about the status of the Lease and the Premises as may be required by Landlord. A failure to deliver an estoppel certificate within ten (10) days after delivery of a request therefore shall be a conclusive admission that, as of the date of the request for such statement: (i) this Lease is unmodified except as may be represented by Landlord in said request and is in full force and effect, (ii) there are no uncured defaults in Landlord’s performance, (iii) no rent has been paid more than thirty (30) days in advance, and (iv) the information regarding the status of this Lease, as represented by Landlord in said request, is true and correct. No more than twice At any time during the Lease Term (except in connection with a proposed sale or financing of the Building) Tenant shall, upon ten (10) days’ prior written notice from landlord, provide Tenant’s most recent financial statement and financial statements covering the twenty-four (24) month period prior to the date of such most recent financial statement to any existing Lender or to any potential Lender or buyer of the Premises. Such statements shall be prepared in accordance with generally accepted accounting principles and shall be certified by Tenant’s chief financial officer as true and correct in all material respects and at Landlord’s request, supported with copies of Tenant’s bank statements or, if such is the normal practice of Tenant, shall be audited by an independent certified public accountant.

Estoppel Certificates and Financial Statements. At all times during 4.18.1 Tenant shall, from time to time, upon the Lease Term, Tenant agrees, following any written request by of Landlord, execute, acknowledge (to execute the extent Tenant believes accurate) and deliver to Landlord within ten (10) days following delivery of such request an estoppel certificateor its designee a written statement stating: (ia) the date this Lease was executed and the date it expires; (b) the date Tenant entered into occupancy of the Premises; (c) the amount of monthly Base Rent and Additional Rent and the date to which such Base Rent and Additional Rent have been paid; and (d) certifying that (1) this Lease is unmodified and in full force and effect orand has not been assigned, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is supplemented or amended in full force and effect, any way (ii) stating the date to which the Rent and other charges are paid in advance, if any, (iii) acknowledging that there are not any uncured defaults on the part of any party hereunder or, if there are uncured defaults, or specifying the nature of such defaults, and (iv) certifying such other information about the status of the Lease and the Premises as may be required by Landlord. A failure to deliver an estoppel certificate within ten (10) days after delivery of a request therefore shall be a conclusive admission that, as of the date of the request for agreement so affecting this Lease); (2) to Tenant’s then current knowledge Landlord is not in breach of this Lease (or, if so, a description of each such statement: breach) and that no event, omission or condition has occurred which is known to Tenant that would result, with the giving of notice or the passage of time, in a breach of this Lease by Landlord; (i3) this Lease represents the entire agreement between the parties with respect to the Premises; (4) all required contributions by Landlord to Tenant on account of Tenant Improvements have been received; (5) on the date of execution, there exist no defenses or offsets which the Tenant has against the enforcement of this Lease by the Landlord; (6) no Base Rent, Additional Rent or other sums payable under this Lease have been paid in advance except for Base Rent and Additional Rent for the then current month; (7) no security has been deposited with Landlord (or, if so, the amount of such security); (8) it is unmodified except intended that any Tenant’s statement may be relied upon by a prospective purchaser or mortgagee of Landlord’s interest or an assignee of any such mortgagee; and (9) such other information as may be represented reasonably requested by Landlord. If Tenant fails to respond within five (5) Business Days of its receipt of a written request by Landlord as provided in said request and is in full force and effectthis paragraph, (ii) there are no uncured defaults in Landlord’s performance, (iii) no rent has been paid more than thirty (30) days in advance, and (iv) Tenant shall be deemed to have admitted the accuracy of any information regarding the status of this Lease, as represented supplied by Landlord in said requestto a prospective purchaser, is true and correct. No more than twice during the Lease Term (except in connection with a proposed sale mortgagee or financing of the Building) assignee. 4.18.2 In addition, Tenant shall, from time to time, upon ten (10) days’ prior the written notice from landlordrequest of Landlord, provide Tenant’s most recent financial statement and deliver to or cause to be delivered to Landlord or its designee then current financial statements covering the twenty-four (24including a statement of operations and balance sheet and statement of cash flows) month period prior certified (to the date extent they have previously been so certified) as accurate by a certified public accountant or by an officer of such most recent financial statement to any existing Lender or to any potential Lender or buyer of the Premises. Such statements shall be Tenant and prepared in accordance conformance with generally accepted accounting principles and shall be certified by for Tenant; provided, however, if Tenant’s chief financial officer as true and correct in all material respects and at Landlord’s requestshares are publicly traded, supported with Tenant shall only be obligated to provide copies of Tenant’s bank statements or, if such is financial reports as have been filed with the normal practice of Tenant, shall be audited by an independent certified public accountantSEC and are otherwise then publicly available.

Estoppel Certificates and Financial Statements. At all times during the Lease Term(a) Delivery by Tenant. Tenant shall, Tenant agrees, within fifteen (15) days following any request by LandlordLandlord therefor and without charge, to execute and deliver to Landlord within ten (10) days following delivery any and all documents, estoppel certificates, and current financial statements of such request an Tenant reasonably requested by Landlord in connection with the sale or financing of the Premises, Building or Land, or requested by any lender making a loan affecting the Premises, Building or Land. Landlord may require that Tenant in any estoppel certificate: certificate shall (i) certifying certify that this Lease is unmodified and in full force and effect (or, if modified, stating state the nature of such modification and certifying certify that this Lease, as so modified, is in full force and effect) and has not been assigned, (ii) stating certify the date to which the Rent and other charges Rentals are paid in advance, if any, (iii) acknowledging acknowledge that there are not not, to Tenant’s knowledge, any uncured defaults on the part of Landlord hereunder, or specify such defaults if claimed, (iv) evidence the status of this Lease as may be required either by a lender making a loan to Landlord to be secured by a deed of trust or mortgage covering the Premises, Building or Land or a purchaser of the Premises, Building or Land from Landlord, (v) warrant that in the event any party hereunder orbeneficiary of any security instrument encumbering the Premises, if there are uncured defaultsBuilding or Land forecloses on the security instrument or sells the Premises, specifying Building or Land pursuant to any power of sale contained in such security instrument, such beneficiary shall not be liable for the nature Security Deposit, unless the Security Deposit actually has been received by the beneficiary from Landlord, (vi) certify the date Tenant entered into occupancy of such defaultsthe Premises and that Tenant is conducting business at the Premises, (vii) certify that all improvements to be constructed on the Premises by Landlord have been substantially completed except for punch list items which do not prevent Tenant from using the Premises for its intended use, and (ivviii) certifying certify such other information about the status of matters relating to the Lease and the and/or Premises as may be required reasonably requested by Landlord. A failure a lender making a loan to deliver an estoppel certificate within ten (10) days after delivery of Landlord or a request therefore shall be a conclusive admission that, as of the date of the request for such statement: (i) this Lease is unmodified except as may be represented by Landlord in said request and is in full force and effect, (ii) there are no uncured defaults in Landlord’s performance, (iii) no rent has been paid more than thirty (30) days in advance, and (iv) the information regarding the status of this Lease, as represented by Landlord in said request, is true and correct. No more than twice during the Lease Term (except in connection with a proposed sale or financing of the Building) Tenant shall, upon ten (10) days’ prior written notice from landlord, provide Tenant’s most recent financial statement and financial statements covering the twenty-four (24) month period prior to the date of such most recent financial statement to any existing Lender or to any potential Lender or buyer purchaser of the Premises, Building or Land from Landlord. Such statements shall Any such estoppel certificate may be prepared in accordance with generally accepted accounting principles and shall be certified conclusively relied upon by Tenant’s chief financial officer as true and correct in all material respects and at Landlord’s requestany prospective purchaser or encumbrancer of the Premises, supported with copies of Tenant’s bank statements or, if such is the normal practice of Tenant, shall be audited by an independent certified public accountantBuilding or Land.

Estoppel Certificates and Financial Statements. At all times during the Lease Term, Tenant each party agrees, following any request by Landlordthe other party, promptly to execute and deliver to Landlord the requesting party within ten (10) 15 days following delivery of such request an estoppel certificate: (i) 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, (ii) stating the date to which the Rent rent and other charges are paid in advance, if any, (iii) acknowledging that there are not not, to the certifying party’s knowledge, any uncured defaults on the part of any party hereunder or, if there are uncured defaults, specifying the nature of such defaults, and (iv) certifying such other information about the status of the Lease and the Premises as may be reasonably required by Landlordthe requesting party. A failure to deliver an estoppel certificate within ten (10) 15 days after delivery of a request therefore therefor shall be a conclusive admission that, as of the date of the request for such statement: (i) this Lease is unmodified except as may be represented by Landlord the requesting party in said request and is in full force and effect, (ii) there are no uncured defaults in Landlordthe requesting party’s performance, and (iii) no rent has been paid more than thirty (30) 30 days in advance, and (iv) the information regarding the status of this Lease, as represented by Landlord in said request, is true and correct. No more than twice At any time during the Lease Term (except in connection with a proposed sale or financing of the Building) Tenant shall, upon ten (10) 15 days’ prior written notice from landlordLandlord, provide Tenant’s most recent quarterly public (if Tenant at the time is a public company, otherwise the private company’s quarterly) financial statement and financial statements covering the twenty-four (24) 24 month period prior to the date of such most recent quarterly financial statement to any existing Lender or to any potential Lender or buyer of the Premises. Such statements shall be prepared in accordance with generally accepted accounting principles and shall be certified by Tenant’s chief financial officer as true and correct in all material respects and at Landlord’s request, supported with copies of Tenant’s bank statements orand, if such is the normal practice of Tenant, shall be audited by an independent certified public accountant. Unless publicly available, Landlord shall treat all financial statements of Tenant confidentially, but Landlord may disclose such financial statements to Landlord’s investors and Lender and to prospective lenders, investors and buyers so long as (i) such parties agree in writing to keep such information confidential, or (ii) are notified in writing by Landlord that such information is confidential and Landlord notifies Tenant of the parties to whom such information has been delivered.

Estoppel Certificates and Financial Statements. At all times during the Lease Term, Tenant Xxxxxx agrees, following any request by Landlord, to execute and deliver to Landlord within ten fifteen (1015) days following delivery of such the request for an estoppel certificate: (i) 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, (ii) stating the date to which the Rent and other charges are paid in advance, if any, (iii) acknowledging that to Tenant’s knowledge there are not any uncured defaults on the part of any party hereunder or, if there are uncured defaults, specifying the nature of such defaults, and (iv) certifying such other information about the status of the Lease and the Premises as may be reasonably required by Landlord. A failure to deliver an estoppel certificate within ten fifteen (1015) days after delivery of a request therefore therefor shall be a conclusive admission that, as of the date of the request for such statement: (ia) this Lease is unmodified except as may be represented by Landlord in said request and is in full force and effect, (iib) there are no uncured defaults in Landlord’s performance, (iiic) no rent has been paid more than thirty (30) days in advance, and (ivd) the information regarding the status of this Lease, as represented by Landlord in said request, is true and correct. No more than twice At any time during the Lease Term Tenant shall, within fifteen (except 15) days’ after demand therefor made in connection with a proposed sale or financing refinancing of the Building) Tenant shall, upon ten (10) days’ prior written notice from landlordprovide, provide to the extent the same exist, Tenant’s most recent financial statement and financial statements covering the twenty-four (24) month period prior to the date of such most recent financial statement to any existing Lender or to any potential Lender or buyer of the Premises. Such If not audited by an independent certified public accountant, such statements shall be prepared in accordance with generally accepted accounting principles and shall be certified by TenantXxxxxx’s chief financial officer as true and correct in all material respects and at Landlord’s request, supported with copies of Tenant’s bank respects. Such financial statements or, if such is the normal practice of Tenant, shall be audited by an independent certified public accountantdelivered subject to the same confidentiality obligations as are set forth in Section 15.1.

Estoppel Certificates and Financial Statements. At all times during Tenant shall, from time to time, upon the Lease Term, Tenant agrees, following any written request by of Landlord, to execute execute, acknowledge and deliver to Landlord or its designee a written statement stating: (a) the date this Lease was executed and the date it expires; (b) the date Tenant entered into occupancy of the Premises; (c) the amount of monthly Base Rent and Additional Rent and the date to which such Base Rent and Additional Rent have been paid; and (d) certifying that (1) this Lease is in full force and effect and has not been assigned, modified, supplemented or amended in any way (or specifying the date of the agreement so affecting this Lease); (2) to Tenant’s knowledge, Landlord is not in breach of this Lease (or, if so, a description of each such breach) and that no event, omission or condition has occurred which would result, with the giving of notice or the passage of time, in a breach of this Lease by Landlord; (3) this Lease represents the entire agreement between the parties with respect to the Premises; (4) all required contributions by Landlord to Tenant on account of Tenant Improvements have been received; (5) on the date of execution, there exist no defenses or offsets which the Tenant has against the enforcement of this Lease by the Landlord; (6) no Base Rent, Additional Rent or other sums payable under this Lease have been paid in advance except for Base Rent and Additional Rent for the then current month; (7) no security has been deposited with Landlord (or, if so, the amount of such security); (8) it is intended that any Tenant’s statement may be relied upon by a prospective purchaser or mortgagee of Landlord’s interest or an assignee of any such mortgagee; and (9) such other information as may be reasonably requested by Landlord. If Tenant fails to respond within ten (10) days following delivery Business Days of its receipt of a written request by Landlord as provided in this paragraph, such request an estoppel certificate: (i) certifying that shall be a breach of this Lease is unmodified and in full force and effect or, if modified, stating Tenant shall be deemed to have admitted the nature of such modification and certifying that this Lease, as so modified, is in full force and effect, (ii) stating the date to which the Rent and other charges are paid in advance, if any, (iii) acknowledging that there are not any uncured defaults on the part accuracy of any party hereunder orinformation supplied by Landlord to a prospective purchaser, if there are uncured defaultsmortgagee or assignee. In addition, specifying Tenant shall, from time to time, upon the nature written request of Landlord in the event of the sale or refinancing of the Building or in case of an Event of Default, deliver to or cause to be delivered to Landlord or its designee Tenant’s most recent audited financial statements (including a statement of operations and balance sheet and statement of cash flows) certified as accurate by a certified public accountant and prepared in conformance with generally accepted accounting principles. All such defaultsnon-public information provided to Landlord by Tenant pursuant to the preceding sentence or this Lease shall be considered confidential, and (iv) certifying Landlord shall not disclose such information to any party other information about than Landlord’s employees, agents, affiliates, lenders, prospective lenders, purchasers and prospective purchasers who have a legitimate need to know such information, without the status prior written consent of the Lease Tenant, and the Premises except as may be required by Landlord. A failure to deliver an estoppel certificate within ten (10) days after delivery of a request therefore shall be a conclusive admission that, as of the date of the request for such statement: (i) this Lease is unmodified except as may be represented by Landlord in said request and is in full force and effect, (ii) there are no uncured defaults in Landlord’s performance, (iii) no rent has been paid more than thirty (30) days in advance, and (iv) the information regarding the status of this Lease, as represented by Landlord in said request, is true and correct. No more than twice during the Lease Term (except in connection with a proposed sale or financing of the Building) Tenant shall, upon ten (10) days’ prior written notice from landlord, provide Tenant’s most recent financial statement and financial statements covering the twenty-four (24) month period prior to the date of such most recent financial statement to any existing Lender or to any potential Lender or buyer of the Premises. Such statements shall be prepared in accordance with generally accepted accounting principles and shall be certified by Tenant’s chief financial officer as true and correct in all material respects and at Landlord’s request, supported with copies of Tenant’s bank statements or, if such is the normal practice of Tenant, shall be audited by an independent certified public accountantlaw.

Estoppel Certificates and Financial Statements. At all times during the Lease TermTenant shall, Tenant agreesfrom time to time, following with in ten (10 Business Days of any written request by Landlord, to execute execute, acknowledge and deliver to Landlord within ten (10) days following delivery of such request an estoppel certificateor its designee a written statement stating: (ia) the date this Lease was executed and the date it expires; (b) the date Tenant entered into occupancy of the Premises; (c) the amount of monthly Base Rent and Additional Rent and the date to which such Base Rent and Additional Rent have been paid; and (d) certifying that (1) this Lease is unmodified and in full force and effect and has not been assigned, modified, supplemented or amended in any way (or specifying the date of the agreement so affecting this Lease); (2) Landlord is not in breach of this Lease (or, if modifiedso, stating a description of each such breach) and that no event omission or condition has occurred which would result, with the nature giving of such modification and certifying that notice or the passage of time, in a breach of this Lease, as so modified, is in full force and effect, Lease by Landlord (ii) stating the date to which the Rent and other charges are paid in advance, if any, (iii) acknowledging that there are not any uncured defaults on the part of any party hereunder or, if so, a description thereof); (3) this Lease represents the entire agreement between the parties with respect to the Premises; (4) whether all required contributions by Landlord to Tenant on account of Tenant improvements have been received; (5) on the date of execution; there are uncured defaultsexist no defenses or offsets which the Tenant has against the enforcement of this Lease by the Landlord (or, if so, specifying such defenses or offsets); (6) no Base Rent, Additional Rent or other sums payable under this Lease have been paid in advance except for Base Rent and Additional Rent for the nature then-current month; Lease have been paid in advance except for Base Rent and Additional Rent for the then-current month; (7) no security has been deposited with Landlord (or, if so, the amount of such defaults, security); (8) it is intended that any Tenant’s statement may be relied upon by a prospective purchaser or mortgagee of Landlord’s interest or an assignee of any such mortgagee; and (iv9) certifying such other information about the status of the Lease and the Premises as may be required reasonably requested by Landlord. A failure Landlord shall not request such statements more than once in any twelve (12) month period, unless an Event of Default exists or such request is made in connection with a sale, financing or refinancing contemplated by Landlord. If Tenant fails to deliver an estoppel certificate respond within said ten (10) days Business Day period after delivery its receipt of a written request therefore by Landlord as provided in this paragraph, such shall be a conclusive admission that, as breach of the date of the request for such statement: (i) this Lease is unmodified except as may and Tenant shall be represented deemed to have admitted the accuracy of any information supplied by Landlord in said request and is in full force and effectto a prospective purchaser, (ii) there are no uncured defaults in Landlord’s performancemortgagee or assignee. In addition, (iii) no rent has been paid more than thirty (30) days in advance, and (iv) the information regarding the status of this Lease, as represented by Landlord in said request, is true and correct. No more than twice during the Lease Term (except in connection with a proposed sale or financing of the Building) Tenant shall, from time to time, upon ten (10) days’ prior the written notice from landlordrequest of Landlord, provide Tenant’s most recent financial statement and deliver to or cause to be delivered to Landlord or its designee than current financial statements covering the twenty-four (24including a statement of operations and balance sheet and statement of cash flows) month period prior to the date of such most recent financial statement to any existing Lender or to any potential Lender or buyer of the Premises. Such statements shall be certified as accurate by a certified public accountant and prepared in accordance conformance with generally accepted accounting principles and shall be certified for (i) Tenant, (ii) any entity which owns a controlling interest in Tenant, (iii) any entity the controlling interest of which is owned by Tenant’s chief , (iv) any successor entity to Tenant by merger or operation of law, and (v) any guarantor of this Lease. Landlord shall not request such financial officer as true and correct statements more than once in all material respects and at any twelve month period, unless an Event of Default exists or such request is made in connection with any sale, financing or refinancing contemplated by Landlord’s request, supported with copies of Tenant’s bank statements or, if such is the normal practice of Tenant, shall be audited by an independent certified public accountant.

Estoppel Certificates and Financial Statements. At all times during Tenant shall, from time to time, upon the Lease Term, Tenant agrees, following any written request by of Landlord, to execute execute, acknowledge and deliver to Landlord or its designee a written statement stating: (a) the date this Lease was executed and the date it expires; (b) the date Tenant entered into occupancy of the Premises; (c) the amount of monthly Base Rent and Additional Rent and the date to which such Base Rent and Additional Rent have been paid; and (d) certifying that (1) this Lease is in full force and effect and has not been assigned, modified, supplemented or amended in any way (or specifying the date of the agreement so affecting this Lease); (2) Landlord is not in breach of this Lease (or, if so, a description of each such breach) and that no event, omission or condition has occurred which would result, with the giving of notice or the passage of time, in a breach of this Lease by Landlord; (3) this Lease represents the entire agreement between the parties with respect to the Premises; (4) all required contributions by Landlord to Tenant on account of Tenant improvements have been received; (5) on the date of execution, there exist no defenses or offsets which the Tenant has against the enforcement of this Lease by the Landlord; (6) no Base Rent, Additional Rent or other sums payable under this Lease have been paid in advance except for Base Rent and Additional Rent for the then current month; (7) no security has been deposited with Landlord (or, if so, the amount of such security); (8) it is intended that any Tenant’s statement may be relied upon by a prospective purchaser or mortgagee of Landlord’s interest or an assignee of any such mortgagee; and (9) such other information as may be reasonably requested by Landlord. If Tenant fails to respond within ten (10) days following delivery of such request an estoppel certificate: (i) 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, (ii) stating the date to which the Rent and other charges are paid in advance, if any, (iii) acknowledging that there are not any uncured defaults on the part of any party hereunder or, if there are uncured defaults, specifying the nature of such defaults, and (iv) certifying such other information about the status of the Lease and the Premises as may be required by Landlord. A failure to deliver an estoppel certificate within ten (10) days after delivery its receipt of a written request therefore by Landlord as provided in this Section 4.18, such shall be a conclusive admission that, as breach of the date of the request for such statement: (i) this Lease is unmodified except as may and Tenant shall be represented deemed to have admitted the accuracy of any information supplied by Landlord in said request and is in full force and effectto a prospective purchaser, (ii) there are no uncured defaults in Landlord’s performancemortgagee or assignee. In addition, (iii) no rent has been paid more than thirty (30) days in advance, and (iv) the information regarding the status of this Lease, as represented by Landlord in said request, is true and correct. No more than twice during the Lease Term (except in connection with a proposed sale or financing of the Building) Tenant shall, from time to time, upon ten (10) days’ prior the written notice from landlordrequest of Landlord, provide Tenant’s most recent financial statement and deliver to or cause to be delivered to Landlord or its designee then current financial statements covering (including a statement of operations and balance sheet and statement of cash flows) certified as accurate by a certified public accountant (or by the twenty-four (24chief financial officer of Tenant if Tenant does not obtain financial statements certified by a certified public accountant) month period prior to the date of such most recent financial statement to any existing Lender or to any potential Lender or buyer of the Premises. Such statements shall be and prepared in accordance conformance with generally accepted accounting principles for (i) Tenant, (ii) any successor entity to Tenant by merger or operation of law, and shall be certified by Tenant’s chief financial officer as true and correct in all material respects and at Landlord’s request, supported with copies (iii) any guarantor of this Lease. Landlord will not disclose any aspect of Tenant’s bank financial statements orexcept (1) to Landlord’s mortgagee or prospective mortgagees or purchasers of the Building, if such is the normal practice of (2) in litigation between Landlord and Tenant, and/or (3) if required by court order. Tenant shall not be audited required to deliver the financial statements required under this Section 4.1.8 more than once in any 12-month period unless requested by Landlord’s mortgagee or a prospective buyer or lender of the Building or an independent certified public accountantEvent of Default occurs.

Estoppel Certificates and Financial Statements. At all times during the Lease Term, Tenant agrees, following any request by Landlord, to execute and deliver to Landlord within ten (10) days following delivery of such request an estoppel certificate: (i) 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, (ii) stating the date to which the Rent and other charges are paid in advance, if any, (iii) acknowledging that there are not any uncured defaults on the part of any party hereunder or, if there are uncured defaults, specifying the nature of such defaults, and (iv) certifying such other information about the status of the Lease and the Premises as may be required by Landlord. A failure to deliver an estoppel certificate within ten (10) days after delivery of a request therefore therefor shall be a conclusive admission that, as of the date of the request for such statement: (i) this Lease is unmodified except as may be represented by Landlord in said request and is in full force and effect, (ii) there are no uncured defaults in Landlord’s performance, (iii) no rent has been paid more than thirty (30) days in advance, and (iv) the information regarding the status of this Lease, as represented by Landlord in said request, is true and correct. No more than twice At any time during the Lease Term (except in connection with a proposed sale or financing of the Building) Tenant shall, upon ten (10) days’ prior written notice from landlord, provide Tenant’s most recent financial statement and financial statements covering the twenty-four (24) month period prior to the date of such most recent financial statement to any existing Lender or to any potential Lender or buyer of the Premises. Such statements shall be prepared in accordance with generally accepted accounting principles and shall be certified by Tenant’s chief financial officer as true and correct in all material respects and at Landlord’s request, supported with copies of Tenant’s bank statements or, if such is the normal practice of Tenant, shall be audited by an independent certified public accountant.

Estoppel Certificates and Financial Statements. At all times during the Lease Term, Tenant agrees, following any request by Landlord, promptly to execute and deliver to Landlord within ten fifteen (1015) days following delivery of such request an estoppel certificate: (i) 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, (ii) stating the date to which the Rent rent and other charges are paid in advance, if any, (iii) acknowledging that there are not not, to Tenant’s knowledge, any uncured defaults on the part of any party hereunder or, if there are uncured defaults, specifying the nature of such defaults, and (iv) certifying such other information about the status of the Lease and the Premises as may be reasonably required by Landlord. A Tenant’s failure to deliver an estoppel certificate within ten five (105) days after Landlord’s delivery of a second request therefore therefor following Tenant’s failure to deliver the same within fifteen (15) days following Landlord’s initial request pursuant to this Section 15.6 shall be a conclusive admission that, as of the date of the request for such statement: (i) this Lease is unmodified except as may be represented by Landlord in said request and is in full force and effect, (ii) there are no uncured defaults in Landlord’s performance, and (iii) no rent has been paid more than thirty (30) days in advance, and (iv) the information regarding the status of this Lease, as represented by Landlord in said request, is true and correct. No more than twice At any time during the Lease Term (except in connection with a proposed sale or financing of the Building) Tenant shall, upon ten fifteen (1015) days’ prior written notice from landlordLandlord, provide Tenant’s most recent financial statement and financial statements covering the twenty-four (24) month period prior to the date of such most recent financial statement to any existing Lender or to any potential Lender or buyer of the Premises, provided that such financial statements are not publicly available. Such statements shall be prepared in accordance with generally accepted accounting principles and shall be certified by Tenant’s chief financial officer as true and correct in all material respects and at Landlord’s request, supported with copies of Tenant’s bank statements orand, if such is the normal practice of Tenant, shall be audited by an independent certified public accountant. Tenant hereby authorizes Landlord to obtain one or more credit reports on Tenant at any time, and shall execute such further authorizations as Landlord may reasonably require in order to obtain a credit report.

Estoppel Certificates and Financial Statements. At all times during the Lease Term, Tenant agrees, shall within fifteen (15) days following any request by Landlord, to : (a) execute and deliver to Landlord within ten any documents, including estoppel certificates, in the form presented to Tenant by Landlord (10) days following delivery of such request an estoppel certificate: (i1) certifying that this Lease has not been modified and 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, (ii2) stating the date to which the Rent rent and other charges are paid in advance, if anyat all, (iii3) acknowledging that there are not not, to Tenant's knowledge, any uncured defaults on the part of any party hereunder orLandlord hereunder, or if there are uncured defaultsdefaults on the part of Landlord, specifying stating the nature of such uncured defaults, and (iv4) certifying such other information about evidencing the status of the this Lease and the Premises as may be required either by a lender making a loan to Landlord to be secured by a deed of trust or mortgage encumbering the premises or a purchaser of the premises from Landlord. A failure ; and (b) deliver to deliver Landlord the current financial statements of Tenant with an estoppel certificate within ten (10) days after delivery opinion of a request therefore shall be certified public accountant, if available at no additional cost to Tenant, including a conclusive admission that, as of balance sheet and profit and loss statement for the date of the request for such statement: (i) this Lease is unmodified except as may be represented by Landlord in said request and is in full force and effect, (ii) there are no uncured defaults in Landlord’s performance, (iii) no rent has been paid more than thirty (30) days in advancethen current fiscal year, and the two (iv2) the information regarding the status of this Leaseimmediately prior fiscal years (if available) at no additional cost to Tenant, as represented by Landlord in said request, is true and correct. No more than twice during the Lease Term (except in connection with a proposed sale or financing of the Building) Tenant shall, upon ten (10) days’ prior written notice from landlord, provide Tenant’s most recent financial statement and financial statements covering the twenty-four (24) month period prior to the date of such most recent financial statement to any existing Lender or to any potential Lender or buyer of the Premises. Such statements shall be all prepared in accordance with generally accepted accounting principles and consistently applied. Tenant's failure to deliver any such documents, including an estoppel certificate, or any such financial statements within fifteen (15) days following such request shall be certified by Tenant’s chief financial officer as true and correct in all material respects and at Landlord’s request, supported with copies an Event of Tenant’s bank statements or, if such is the normal practice of Tenant, shall be audited by an independent certified public accountantDefault under this Lease.

Estoppel Certificates and Financial Statements. At all times during Tenant shall, from time to ---------------------------------------------- time, upon the Lease Term, Tenant agrees, following any written request by of Landlord, to execute execute, acknowledge and deliver to Landlord within ten (10) days following delivery of such request an estoppel certificateor its designee a written statement stating: (ia) the date this Lease was executed and the date it expires; (b) the date Tenant entered into occupancy of the Premises; (c) the amount of monthly Base Rent and Additional Rent and the date to which such Base Rent and Additional Rent have been paid; and (d) certifying that (1) this Lease is unmodified and in full force and effect orand has not been assigned, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is supplemented or amended in full force and effect, any way (ii) stating the date to which the Rent and other charges are paid in advance, if any, (iii) acknowledging that there are not any uncured defaults on the part of any party hereunder or, if there are uncured defaults, or specifying the nature of such defaults, and (iv) certifying such other information about the status of the Lease and the Premises as may be required by Landlord. A failure to deliver an estoppel certificate within ten (10) days after delivery of a request therefore shall be a conclusive admission that, as of the date of the request for agreement so affecting this Lease); (2) to Tenant's knowledge, Landlord is not in breach of this Lease (or, if so, a description of each such statement: breach) and that no event, omission or condition has occurred which would result, with the giving of notice or the passage of time, in a breach of this Lease by Landlord; (i3) this Lease represents the entire agreement between the parties with respect to the Premises; (4) all required contributions by Landlord to Tenant on account of Tenant Improvements have been received (or, if not, specifying any that have not been received); (5) on the date of execution, to Tenant's knowledge, there exist no defenses or offsets which the Tenant has against the enforcement of this Lease by the Landlord; (6) no Base Rent, Additional Rent or other sums payable under this Lease have been paid in advance except for Base Rent and Additional Rent for the then current month and Prepaid Rent; (7) no security has been deposited with Landlord (or, if so, the amount of such security); (8) it is unmodified except intended that any Tenant's statement may be relied upon by a prospective purchaser or mortgagee of Landlord's interest or an assignee of any such mortgagee; (9) the representations in the paragraph captioned "ERISA Representations" remain true and correct; and (10) such other --------------------- information as may be represented reasonably requested by Landlord. If Tenant fails to respond within fifteen (15) Business Days of its receipt of a written request by Landlord as provided in said request and is in full force and effectthis paragraph, (ii) there are no uncured defaults in Landlord’s performance, (iii) no rent has been paid more than thirty (30) days in advance, and (iv) the information regarding the status such shall be a breach of this Lease, as represented Lease and Tenant shall be deemed to have admitted the accuracy of any information supplied by Landlord in said requestto a prospective purchaser, is true and correctmortgagee or assignee. No more than twice during the Lease Term (except in connection with a proposed sale or financing of the Building) In addition, Tenant shall, from time to time, upon ten (10) days’ prior the written notice from landlordrequest of Landlord, provide Tenant’s deliver to or cause to be delivered to Landlord or its designee copies of the most recent financial statement and publicly available financial statements covering the twenty-four (24) month period prior to the date of such most recent financial statement to any existing Lender or to any potential Lender or buyer of the Premises. Such statements shall be prepared in accordance with generally accepted accounting principles and shall be certified by Tenant’s chief financial officer as true and correct in all material respects and at Landlord’s request, supported with copies of Tenant’s bank statements or, if such is the normal practice of Tenant, shall be audited by an independent certified public accountant.

Estoppel Certificates and Financial Statements. At all times during Tenant shall, from time to time, upon the Lease Term, Tenant agrees, following any written request by of Landlord, to execute execute, acknowledge and deliver to Landlord within ten (10) days following delivery of such request an estoppel certificateor its designee a written statement stating: (ia) the date this Lease was executed and the date it expires; (b) the date Tenant entered into occupancy of the Premises; (c) the amount of monthly Base Rent and Additional Rent and the date to which such Base Rent and Additional Rent have been paid; and (d) certifying that (1) this Lease is unmodified and in full force and effect orand has not been assigned, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is supplemented or amended in full force and effect, any way (ii) stating the date to which the Rent and other charges are paid in advance, if any, (iii) acknowledging that there are not any uncured defaults on the part of any party hereunder or, if there are uncured defaults, or specifying the nature of such defaults, and (iv) certifying such other information about the status of the Lease and the Premises as may be required by Landlord. A failure to deliver an estoppel certificate within ten (10) days after delivery of a request therefore shall be a conclusive admission that, as of the date of the request for agreement so affecting this Lease); (2) to the best of Tenant's knowledge, Landlord is not in breach of this Lease (or, if so, a description of each such statement: breach) and that no event, omission or condition has occurred which would result, with the giving of notice or the passage of time, in a breach of this Lease by Landlord; (i3) this Lease represents the entire agreement between the parties with respect to the Premises; (4) all required contributions by Landlord to Tenant on account of Tenant Improvements have been received to date and identifying any such remaining obligations of Landlord; (5) on the date of execution, there exist no defenses or offsets which the Tenant has against the enforcement of this Lease by the Landlord, or if Tenant has any such defenses or offsets, an explanation of the same; (6) no Base Rent, Additional Rent or other sums payable under this Lease have been paid in advance except for Base Rent and Additional Rent for the then current month; (7) no security has been deposited with Landlord (or, if so, the amount of such security); (8) it is unmodified except intended that any Tenant's statement may be relied upon by a prospective purchaser or mortgagee of Landlord's interest or an assignee of any such mortgagee; and (9) such other information as may be represented reasonably requested by Landlord. Landlord in said shall not request and is in full force and effect, (ii) there are no uncured defaults in Landlord’s performance, (iii) no rent has been paid more than thirty (30) days in advance, and (iv) the information regarding the status of this Lease, as represented by Landlord in said request, is true and correct. No such statements more than twice during the Lease Term in any twelve (except 12) month period, unless an Event of Default exists or such request is made in connection with a proposed sale sale, financing or financing refinancing contemplated by Landlord. If Tenant fails to respond within five (5) Business Days of its receipt of a written request by Landlord as provided in this paragraph, such shall be a breach of this Lease and Tenant shall be deemed to have admitted the Building) accuracy of any information supplied by Landlord to a prospective purchaser, mortgagee or assignee. In addition, Tenant shall, from time to time, upon ten (10) days’ prior the written notice from landlordrequest of Landlord, provide deliver to or cause to be delivered to Landlord or its designee Tenant’s 's most recent financial statement and (but in no event more than twelve (12) months old) financial statements covering the twenty-four (24including a statement of operations and balance sheet and statement of cash flows) month period prior to the date of such most recent financial statement to any existing Lender or to any potential Lender or buyer of the Premises. Such statements shall be certified as accurate by a certified public accountant and prepared in accordance conformance with generally accepted accounting principles and shall be certified for (i) Tenant, (ii) any entity which owns a controlling interest in Tenant, (iii) any entity the controlling interest of which is owned by Tenant’s chief , (iv) any successor entity to Tenant by merger or operation of law, and (v) any guarantor of this Lease. Landlord shall not request such financial officer statements more than once in any twelve (12) month period, unless an Event of Default exists or such request is made in connection with a sale, financing or refinancing contemplated by Landlord. As long as true Tenant remains a publicly traded company listed and correct in good standing on a "national securities exchange" (as defined in the Securities and Exchange Act of 1934) and provided that Tenant has filed all material respects financial information and at Landlord’s requestreports required to be filed by such exchange and/or applicable Governmental Requirements, supported Tenant may satisfy this requirement by providing Landlord with copies Tenant's most recent annual report filed with such exchange. Landlord will not disclose any aspects of Tenant’s bank 's financial statements orthat Tenant designates in writing to Landlord as confidential except (1) to Landlord's actual and proposed mortgagees, if such is the normal practice of investment advisors, attorneys', accountants and other professional consultants (2) any proposed purchasers, (3) in litigation between Landlord and Tenant, shall be audited and (4) if required by an independent certified public accountantcourt order or other applicable Governmental Requirements.

Estoppel Certificates and Financial Statements. At all times during the Lease Term, Tenant agrees, Within ten (10) business days following any a request in writing by Landlord, to Xxxxxx shall execute and deliver to Landlord an estoppel certificate, which, as submitted by Landlord, shall be substantially in the form of Exhibit “D”, attached hereto (or such other form as may be required by any prospective mortgagee or purchaser of the Project, or any portion thereof), indicating therein any exceptions thereto that may exist at that time, and shall also contain any other information reasonably requested by Landlord or Landlord’s mortgagee or prospective mortgagee. Tenant shall execute and deliver whatever other instruments may be reasonably required for such purposes. Failure of Tenant to timely execute and deliver such estoppel certificate or other instruments shall constitute an acceptance of the Premises and an acknowledgment by Tenant that statements included in the estoppel certificate are true and correct, without exception. Upon Xxxxxxxx’s written request, Xxxxxx shall deliver to Landlord a copy of Xxxxxx’s annual audited financial statement for the prior year (commencing with Xxxxxx’s financial statements for the 2021 calendar year) and copies of all quarterly financial statements (commencing with Xxxxxx’s financial statements for the first quarter of 2021) certified as correct by Tenant or an authorized employee of Tenant within ten (10) business days following delivery of Landlord’s written request. Such financial statements shall be the same financial statements used internally by Xxxxxx and provided to its lenders and investors. If Landlord desires to finance or refinance the Project, or any part thereof, Xxxxxx agrees to deliver to any lender designated by Landlord such request an estoppel certificate: (i) 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, (ii) stating the date to which the Rent and other charges are paid in advance, if any, (iii) acknowledging that there are not any uncured defaults on the part of any party hereunder or, if there are uncured defaults, specifying the nature of such defaults, and (iv) certifying such financial statements or other information about the status of the Lease and the Premises concerning Tenant as may be reasonably required by Landlordthat lender, including, without limitation, the past three (3) years’ financial statements (commencing with Xxxxxx’s financial statements for the 2021 calendar year). A failure to deliver an estoppel certificate within ten (10) days after delivery of a request therefore All such financial statements shall be a conclusive admission that, as of the date of the request for such statement: (i) this Lease is unmodified except as may be represented received by Landlord in said request confidence and shall be used only for the specified purposes. Notwithstanding the foregoing, in the event that the Tenant is in full force and effecta publicly traded company, (ii) there are no uncured defaults in LandlordXxxxxx’s performance, (iii) no rent has been paid more than thirty (30) days in advance, and (iv) the information regarding the status of obligations under this Lease, as represented by Landlord in said request, is true and correct. No more than twice during the Lease Term (except in connection with a proposed sale or financing of the Building) Tenant shall, upon ten (10) days’ prior written notice from landlord, Article 17 to provide Tenant’s most recent financial statement and financial statements covering the twenty-four (24) month period prior to the date of such most recent financial statement to any existing Lender or to any potential Lender or buyer of the Premises. Such statements shall be prepared in accordance with generally accepted accounting principles and shall be certified by Tenant’s chief financial officer as true and correct in satisfied at all material respects and at Landlord’s request, supported with copies of Tenant’s bank statements or, if times that such is the normal practice of Tenant, shall be audited by an independent certified public accountantfinancials are publicly available.

Estoppel Certificates and Financial Statements. At all times during the Lease Term, Tenant Each party agrees, within fifteen (15) days following any request by Landlordthe other party, to execute and deliver to Landlord within ten (10) days following delivery of such request an estoppel certificate: (i) 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, ; (ii) stating the date to which the Rent and other charges are paid in advance, if any, (iii) acknowledging that there are not not, to the certifying party's knowledge, any uncured defaults on the part of any party hereunder or, if there are uncured defaults, specifying the nature of such defaults, ; and (iv) certifying such other information about the status of the Lease and the Premises as may be reasonably required by the requesting party. At any time during the Term Tenant shall, upon fifteen (15) days' prior written notice from Landlord, provide Tenant's most recent annual report to any existing Lender or to any potential Lender or buyer of the Premises. In the event Tenant fails to deliver an estoppel certificate within fifteen (15) days after a request therefor, Landlord shall immediately notify Tenant of such failure. Tenant shall have five (5) days from such notification to provide Landlord with the estoppel certificate. A failure to deliver an estoppel certificate within ten five (105) days after delivery of a Landlord's request therefore shall be a conclusive admission that, as of the date of the request for such statement: (ia) this Lease is unmodified except as may be represented by Landlord the requesting party in said raid request and is in full force and effect, (iib) there are no uncured defaults in Landlord’s the requesting party's performance, and (iiic) no rent has been paid more than thirty (30) days in advance, and (iv) the information regarding the status of this Lease, as represented by Landlord in said request, is true and correct. No more than twice during the Lease Term (except in connection with a proposed sale or financing of the Building) Tenant shall, upon ten (10) days’ prior written notice from landlord, provide Tenant’s most recent financial statement and financial statements covering the twenty-four (24) month period prior to the date of such most recent financial statement to any existing Lender or to any potential Lender or buyer of the Premises. Such statements shall be prepared in accordance with generally accepted accounting principles and shall be certified by Tenant’s chief financial officer as true and correct in all material respects and at Landlord’s request, supported with copies of Tenant’s bank statements or, if such is the normal practice of Tenant, shall be audited by an independent certified public accountant.

Estoppel Certificates and Financial Statements. At all times during Tenant shall at any time upon fifteen (15) days prior written notice from the Lease TermLandlord execute, Tenant agrees, following any request by Landlord, to execute acknowledge and deliver to Landlord within ten (10) days following delivery and any lender of such request an estoppel certificate: Landlord or prospective purchaser of the Building a statement in writing (i) certifying that this Lease is unmodified and in full frill 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, (ii) stating and the date to which the Rent rent and other charges are paid in advance, if any, (iiiii) acknowledging that there are not not, to Tenant’s knowledge, any uncured defaults on the part of Landlord, or specifying such defaults if any party hereunder or, if there are uncured defaults, specifying the nature of such defaults, claimed; and (iviii) certifying confirming such other factual information about regarding the status of the this Lease and the Premises as may be required reasonably requested. Any such statement may be conclusively relied upon by Landlordany prospective purchaser or encumbrancer of the Premises. A failure Failure to deliver an estoppel certificate such statement within ten (10) days after delivery of a request therefore such time shall be a conclusive admission that, as of the date of the request for upon such statement: party that (i) this Lease is unmodified in full force and effect, without modification except as may be represented by Landlord in said request and is in full force and effectthe requesting party, (ii) there are no uncured defaults in Landlordthe requesting party’s performance, and (iii) no rent if Landlord is the requesting party, not more than one month’s Rent has been paid in advance. Tenant further agrees to deliver to Landlord, or to any lender or purchaser designated by Landlord, audited financial statements of Tenant for the preceding three (3) years within fifteen (15) business days following written request therefor from Landlord, provided that such request shall not be made more than thirty one (301) days in advance, and (iv) time per year during the information regarding Term of the status of this Lease, as represented . All such financial statements shall be received by Landlord and such lender or purchaser in said request, is true confidence and correct. No more than twice during shall be used only for purposes of evaluating the Lease Term (except in connection with a proposed sale financing or financing purchasing of the Building) Tenant shall, upon ten (10) days’ prior written notice from landlord, provide Tenant’s most recent financial statement and financial statements covering the twenty-four (24) month period prior to the date of such most recent financial statement to any existing Lender or to any potential Lender or buyer of the Premises. Such statements shall be prepared in accordance with generally accepted accounting principles and shall be certified by Tenant’s chief financial officer as true and correct in all material respects and at Landlord’s request, supported with copies of Tenant’s bank statements or, if such is the normal practice of Tenant, shall be audited by an independent certified public accountant.

Estoppel Certificates and Financial Statements. At all times during Tenant shall, from time to time, upon the Lease Term, Tenant agrees, following any written request by of Landlord, to execute execute, acknowledge and deliver to Landlord within ten (10) days following delivery of such request an estoppel certificateor its designee a written statement stating: (ia) the date this Lease was executed and the date it expires; (b) the date Tenant entered into occupancy of the Premises; (c) the amount of monthly Base Rent and Additional Rent and the date to which such Base Rent and Additional Rent have been paid; and (d) certifying that (1) this Lease is unmodified and in full force and effect and has not been assigned, modified, supplemented or amended in any way (or specifying the date of the agreement so affecting this Lease); (2) to the knowledge of Tenant, Landlord is not in breach of this Lease (or, if so, a description of each such breach) and that no event, omission or condition has occurred which would result, with the giving of notice or the passage of time, in a breach of this Lease by Landlord; (3) this Lease (as it may have been assigned, modified, stating supplemented or amended as disclosed pursuant to subsection (d)(l) hereof) represents the nature entire agreement between the parties with respect to the Premises; (4) all required contributions by Landlord to Tenant on account of such modification and certifying that this Lease, as so modified, is in full force and effect, Tenant Improvements have been received; (ii5) stating on the date to of execution, there exist no defenses or offsets which the Rent and other charges are paid in advanceTenant has knowledge against the enforcement of this Lease by the Landlord (or, if any, (iii) acknowledging that there are not any uncured defaults on the part a description of any party hereunder such offset or defense); (6) no Base Rent, Additional Rent or other sums payable under this Lease have been paid in advance except for Base Rent and Additional Rent for the then current month; (7) no security has been deposited with Landlord (or, if there are uncured defaultsso, specifying the nature amount of such defaults, security); (8) it is intended that any Tenant’s statement may be relied upon by a prospective purchaser or mortgagee of Landlord’s interest or an assignee of any such mortgagee; (9) the representations in the paragraph captioned “ERISA Representations” remain true and correct; and (iv10) certifying such other information about the status of the Lease and the Premises as may be required reasonably requested by Landlord. A failure If Tenant fails to deliver an estoppel certificate respond within ten fifteen (1015) calendar days after delivery of its receipt of a written request therefore by Landlord as provided in this paragraph, such shall be a conclusive admission that, as breach of the date of the request for such statement: (i) this Lease is unmodified except as may and Tenant shall be represented deemed to have admitted the accuracy of any information supplied by Landlord in said request and is in full force and effectto a prospective purchaser, (ii) there are no uncured defaults in Landlord’s performancemortgagee or assignee. In addition, (iii) no rent has been paid more than thirty (30) days in advance, and (iv) the information regarding the status of this Lease, as represented by Landlord in said request, is true and correct. No more than twice during the Lease Term (except in connection with a proposed sale or financing of the Building) Tenant shall, from time to time, upon ten (10) days’ prior the written notice from landlordrequest of Landlord, provide Tenant’s most recent financial statement and deliver to or cause to be delivered to Landlord or its designee then current financial statements covering the twenty-four (24including a statement of operations and balance sheet) month period prior to the date of such most recent financial statement to any existing Lender or to any potential Lender or buyer of the Premises. Such statements shall be certified as accurate, complete and prepared in accordance conformance with generally accepted accounting principles and shall be certified by the president, managing partner or other appropriate officer for (i) Tenant, (ii) any entity which owns a controlling interest in Tenant, (iii) any entity the controlling interest of which is owned by Tenant’s chief financial officer as true , (iv) any successor entity to Tenant by merger or operation of law, and correct in all material respects and at Landlord’s request, supported with copies (v) any guarantor of Tenant’s bank statements or, if such is the normal practice of Tenant, shall be audited by an independent certified public accountantthis Lease.

Estoppel Certificates and Financial Statements. At all times ---------------------------------------------- during the Lease Term, Tenant agrees, following any request by LandlordXxxxxxxx, to execute and deliver to Landlord within ten (10) days following delivery of such request an estoppel certificate: (i) 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, (ii) stating the date to which the Rent and other charges are paid in advance, if any, (iii) acknowledging that there are not any uncured defaults on the part of any party hereunder or, if there are uncured defaults, specifying the nature of such defaults, and (iv) certifying such other information about the status of the Lease and the Premises as may be required by Landlord. A failure to deliver an estoppel certificate within ten (10) days after delivery of a request therefore therefor shall be a conclusive admission that, as of the date of the request for such statement: (i) this Lease is unmodified except as may be represented by Landlord in said request and is in full force and effect, (ii) there are no uncured defaults in Landlord’s 's performance, (iii) no rent has been paid more than thirty (30) days in advance, and (iv) the information regarding the status of this Lease, as represented by Landlord in said request, is true and correct. No more than twice At any time during the Lease Term (except in connection with a proposed sale or financing of the Building) Tenant shall, upon ten (10) days’ ' prior written notice from landlord, provide Tenant’s Xxxxxx's most recent financial statement and financial statements covering the twenty-four (24) month period prior to the date of such most recent financial statement to any existing Lender or to any potential Lender or buyer of the Premises. Such statements shall be prepared in accordance with generally accepted accounting principles and shall be certified by Tenant’s Xxxxxx's chief financial officer as true and correct in all material respects and at Landlord’s request, supported with copies of Tenant’s bank statements or, if such is the normal practice of Tenant, shall be audited by an independent certified public accountant.

Estoppel Certificates and Financial Statements. At all times during the Lease Term, Tenant agrees, following any request by Landlord, promptly to execute and deliver to Landlord within ten (10) 10 business days following delivery of such request an estoppel certificate: (i) 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, (ii) stating the date to which the Rent rent and other charges are paid in advance, if any, (iii) acknowledging that there are not not, to Xxxxxx’s knowledge, any uncured defaults on the part of any #201239119v12<ACTIVE> - DW Life Sciences DIVCO IDEAYA Biosciences 000 Xxxxxxxxx Xxxxx...docx ACTIVE\201239119.12 #201239119v12<ACTIVE> - DW Life Sciences DIVCO IDEAYA Biosciences 000 Xxxxxxxxx Xxxxx...docx ACTIVE\201239119.12 party hereunder or, if there are uncured defaults, specifying the nature of such defaults, and (iv) certifying such other information about the status of the Lease and the Premises as may be reasonably required by Landlord. A failure to deliver an estoppel certificate within ten (10) 15 days after delivery of a request therefore therefor shall be a conclusive admission that, as of the date of the request for such statement: (i) this Lease is unmodified except as may be represented by Landlord in said request and is in full force and effect, (ii) there are no uncured defaults in Landlord’s performance, and (iii) no rent has been paid more than thirty (30) 30 days in advance, . Tenant shall not be in default of the Lease for failing to execute and (iv) the information regarding the status of this Lease, as represented by deliver an estoppel certificate to Landlord in said request, is true a timely manner unless Landlord shall have given Tenant a second notice and correctthree (3) business days in which to cure the failure. No more than twice At any time during the Lease Term (except in connection with a proposed sale or financing of the Building) Tenant shall, upon ten (10) 15 days’ prior written notice from landlordLandlord, provide TenantXxxxxx’s most recent financial statement and financial statements covering the twenty-four (24) 24 month period prior to the date of such most recent financial statement to any existing Lender or to any potential Lender or buyer of the Premises. Such statements shall be prepared in accordance with generally accepted accounting principles and shall be certified by Tenant’s chief financial officer as true and correct in all material respects and at Landlord’s request, supported with copies of Tenant’s bank statements orconsistently applied and, if such is the normal practice of Tenant, shall be audited by an independent certified public accountant. Notwithstanding the foregoing, the requirement of Tenant to provide financial statements shall not apply if the same are publicly available.

Estoppel Certificates and Financial Statements. At all times during Tenant shall, from ---------------------------------------------- time to time, but no more than once per year, upon the Lease Term, Tenant agrees, following any written request by of Landlord, to execute execute, acknowledge and deliver to Landlord or its designee a written statement stating: (a) the date this Lease was executed and the date it expires; (b) the date Tenant entered into occupancy of the Premises; (c) the amount of monthly Base Rent and Additional Rent and the date to which such Base Rent and Additional Rent have been paid; and (d) certifying that (1) this Lease is in full force and effect and has not been assigned, modified, supplemented or amended in any way (or specifying the date of the agreement so affecting this Lease); (2) Landlord is not in breach of this Lease (or, if so, a description of each such breach) and that no event, omission or condition has occurred which would result, with the giving of notice or the passage of time, in a breach of this Lease by Landlord; (3) this Lease represents the entire agreement between the parties with respect to the Premises; (4) all required contributions by Landlord to Tenant on account of Tenant Improvements have been received; (5) on the date of execution, there exist no defenses or offsets which the Tenant has against the enforcement of this Lease by the Landlord; (6) no Base Rent, Additional Rent or other sums payable under this Lease have been paid in advance except for Base Rent and Additional Rent for the then current month; (7) no security has been deposited with Landlord (or, if so, the amount of such security); (8) it is intended that any Tenant's statement may be relied upon by a prospective purchaser or mortgagee of Landlord's interest or an assignee of any such mortgagee; and (9) such other information as may be reasonably requested by Landlord. If Tenant fails to respond within ten (10) calendar days following delivery of such request an estoppel certificate: (i) 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, (ii) stating the date to which the Rent and other charges are paid in advance, if any, (iii) acknowledging that there are not any uncured defaults on the part of any party hereunder or, if there are uncured defaults, specifying the nature of such defaults, and (iv) certifying such other information about the status of the Lease and the Premises as may be required by Landlord. A failure to deliver an estoppel certificate within ten (10) days after delivery its receipt of a written request therefore by Landlord as provided in this paragraph, such shall be a conclusive admission that, as breach of the date of the request for such statement: (i) this Lease is unmodified except as may and Tenant shall be represented deemed to have admitted the accuracy of any information supplied by Landlord in said request and is in full force and effectto a prospective purchaser, (ii) there are no uncured defaults in Landlord’s performancemortgagee or assignee. In addition, (iii) no rent has been paid more than thirty (30) days in advance, and (iv) the information regarding the status of this Lease, as represented by Landlord in said request, is true and correct. No more than twice during the Lease Term (except in connection with a proposed sale or financing of the Building) Tenant shall, from time to time, upon ten (10) days’ prior the written notice from landlordrequest of Landlord, provide Tenant’s most recent financial statement and deliver to or cause to be delivered to Landlord or its designee then current financial statements covering the twenty-four (24including a statement of operations and balance sheet) month period prior to the date of such most recent financial statement to any existing Lender or to any potential Lender or buyer of the Premises. Such statements shall be certified as accurate, complete and prepared in accordance conformance with generally accepted accounting principles by the president, managing partner or other appropriate officer for Tenant and shall be certified by Tenant’s chief financial officer as true and correct in all material respects and at Landlord’s request, supported with copies any entity constituting an assignee of Tenant’s bank statements or, if such is the normal practice of Tenant, shall be audited by an independent certified public accountantTenant under this Lease pursuant to Section 4.17.8.