Common use of Estoppel Certificates and Financial Statements Clause in Contracts

Estoppel Certificates and Financial Statements. a. Estoppel Certificate by Tenant. Tenant, any sublessee or assignee or all of any portion of Tenant's interest under this Lease, will execute, acknowledge and deliver to Landlord, within fifteen (15) days of Landlord's written request, a certificate certifying: i. this Lease is unmodified and in full force and effect (or, if there have been modifications, that the Lease is in full force and effect, as modified, and stating the modifications); ii. the dates, if any, to which Rent, Additional Charges and other sums payable hereunder have been paid; iii. no notice has been received by Tenant of any Default which has not been cured, except as otherwise specified in such certificate, or, if there is an uncured Default, specifying the nature of such; iv. Landlord is not in default hereunder and no event which, 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 fifteen (15) days after delivery of a request therefor shall be a conclusive admission that, as of the date of the request for such statement: (w) this Lease is unmodified except as may be represented by Landlord in said request and is in full force and effect, (x) there are no uncured defaults in Landlord's performance, (y) no rent has been paid more than thirty (30) days in advance; and (z) the information regarding the status of the Lease, as represented by Landlord in said request, is true and correct. Any such certificate may be relied upon by any permitted prospective transferee, deed of trust beneficiary or mortgagee of Landlord's interest under this Lease.

Estoppel Certificates and Financial Statements. a. Estoppel Certificate by Tenant. TenantTenant shall, any sublessee or assignee or all from time to time, upon the written request of any portion of Tenant's interest under this LeaseLandlord, will execute, acknowledge and deliver to Landlord, within fifteen Landlord or its designee a written statement stating: (15a) days of Landlord's written request, a certificate certifying: i. the date this Lease is unmodified was executed and in full force the date it expires; (b) the date Tenant entered into occupancy of the Premises; (c) the amount of monthly Base Rent and effect (or, if there Additional Rent and the date to which such Base Rent and Additional Rent have been modifications, paid; and (d) certifying that the (1) this Lease is in full force and effect, as modified, effect and stating the modifications); ii. the dates, if any, to which Rent, Additional Charges and other sums payable hereunder have been paid; iii. no notice has been received by Tenant of any Default which has not been curedassigned, except as otherwise specified modified, supplemented or amended in such certificate, or, if there is an uncured Default, any way (or specifying the nature date of such; iv. the agreement so affecting this Lease); (2) Landlord is not in default hereunder breach of this Lease (or, if so, a description of each such breach) and that no event whichevent, omission or condition has occurred which would result, with the passing giving of notice or the passage of time, giving in a breach of notice, or both, would constitute a default 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 hereunderto Tenant on account of Tenant Improvements have been received; 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 fifteen (155) days after delivery of a request therefor shall be a conclusive admission that, as of on the date of execution, there exist no defenses or offsets which the request for such statement: (w) Tenant has against the enforcement of this Lease is unmodified except as may be represented by Landlord in said request and is in full force and effect, the Landlord; (x) there are no uncured defaults in Landlord's performance, (y6) no rent 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 paid more than thirty deposited with Landlord (30) days in advanceor, if so, the amount of such security); and (z) the information regarding the status of the Lease, as represented by Landlord in said request, 8) it is true and correct. Any such certificate intended that any Tenant’s statement may be relied upon by any permitted a prospective transferee, deed of trust beneficiary purchaser or mortgagee of Landlord's ’s interest under 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) 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, Tenant shall, from time to time, upon the written request 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) Tenant, (ii) any entity which owns a controlling interest in Tenant, (iii) any entity the controlling interest of which is owned by Tenant, (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 statements more than twice 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.

Estoppel Certificates and Financial Statements. a. Estoppel Certificate At all times during the Term, each party agrees, following any request by Tenant. Tenantthe other party, any sublessee or assignee or all of any portion of Tenant's interest under this Lease, will execute, acknowledge promptly to execute and deliver to Landlord, the requesting party within fifteen (15) days following delivery of Landlord's written request, a certificate certifying: i. such request an estoppel certificate: (i) certifying that this Lease is unmodified and in full force and effect (or, if there have been modificationsmodified, stating the nature of such modification and certifying that the Lease this Lease, as so modified, is in full force and effect, as modified, and ; (ii) stating the modifications); ii. date to which the datesRent and other charges are paid in advance, if any; (iii) acknowledging that there are not, to which Rentthe certifying party’s knowledge, Additional Charges and other sums payable hereunder have been paid; iii. no notice has been received by Tenant any uncured defaults on the part of any Default which has not been cured, except as otherwise specified in such certificate, party hereunder or, if there is an are uncured Defaultdefaults, specifying the nature of such; such defaults; and (iv. Landlord is not in default hereunder and no event which, 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 reasonably required by Landlordthe requesting party. A failure to deliver an estoppel certificate within fifteen (15) days after delivery of a request therefor shall be a conclusive admission that, as of the date of the request for such statement: (wa) this Lease is unmodified except as may be represented by Landlord the requesting party in said request and is in full force and effect, (xb) there are no uncured defaults in Landlord's the requesting party’s performance, and (yc) no rent has been paid more than thirty (30) days in advance; and (z) the . For purposes of providing such information regarding the status to any potential Lender or buyer of the LeaseBuilding, as represented by Landlord in said requestat any time during the Term that Palm, is true and correct. Any such certificate may be relied upon by any permitted prospective transferee, deed Inc. remains the guarantor of trust beneficiary or mortgagee of Landlord's interest Tenant’s obligations under this LeaseLease pursuant to Section 22.32 below, Tenant shall, upon fifteen (15) days’ prior written notice from Landlord (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 Palm, Inc.’s most recent financial statement and financial statements covering the 24-month period prior to the date of such most recent financial statement. Tenant shall provide Palm, Inc.’s financial information to Landlord and any Lender. From and after the date 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, if such is the normal practice of Tenant, shall be audited by an independent certified public accountant.

Estoppel Certificates and Financial Statements. a. Estoppel Certificate Tenant agrees, following any request by Tenant. TenantLandlord, any sublessee or assignee or all of any portion of Tenant's interest under this Lease, will execute, acknowledge to promptly (and in no event greater than ten (10) calendar days) execute and deliver to Landlord, within fifteen Landlord an estoppel certificate upon which Landlord and others it designates may rely (15a) days of Landlord's written request, a certificate certifying: i. certifying that this Lease is unmodified and in full force and effect (or, if there have been modifications, that the Lease is in full force and effect, as modified, and stating the modifications); ii. the dates, if any, to which Rent, Additional Charges and other sums payable hereunder have been paid; iii. no notice has been received by Tenant of any Default which has not been cured, except as otherwise specified in such certificate, or, if there is an uncured Defaultmodified, specifying stating the nature of such; iv. Landlord is not in default hereunder such modification and no event which, 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 fifteen (15) days after delivery of a request therefor shall be a conclusive admission thatthat this Lease, as of the date of the request for such statement: (w) this Lease is unmodified except as may be represented by Landlord in said request and so modified, is in full force and effect, (xb) stating the date to which the rent and other charges are paid in advance, if any, (c) acknowledging that there are no not, to Tenant's knowledge, any uncured defaults in on the part of Landlord hereunder, or if there are uncured defaults on the part of Landlord, stating the nature of such uncured defaults and (d) certifying such other information about this Lease as may be reasonably required by Landlord. Tenant's performance, failure to deliver an estoppel certificate within ten (y) no rent has been paid more than thirty (3010) days in advance; and (z) the information regarding the status of the Lease, as represented by Landlord in said request, is true and correct. Any such certificate may be relied upon by any permitted prospective transferee, deed of trust beneficiary or mortgagee after delivery of Landlord's interest under this Leaserequest therefore shall be a conclusive admission by Tenant that, all matters so requested by Landlord are true and accurate. At any time during the Lease Term, 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) months prior to the date of such most recent financial statement to any existing Lender or to any potential Lender or buyer of the Property. Such statements shall be prepared in accordance with generally accepted accounting principles and, if such is the normal practice of Tenant, shall be audited by an independent certified public accountant.

Estoppel Certificates and Financial Statements. a. Estoppel Certificate by Tenant. Tenant, Tenant shall at any sublessee or assignee or all of any portion of Tenant's interest under this Lease, will time upon fifteen (15) days prior written notice from the Landlord execute, acknowledge and deliver to Landlord, within fifteen Landlord and any lender of Landlord or prospective purchaser of the Building a statement in writing (15i) days of Landlord's written request, a certificate certifying: 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) and the date to which the rent and other charges are paid in advance, if any, (ii) acknowledging that there have been modificationsare not, to Tenant’s knowledge, any uncured defaults on the part of Landlord, or specifying such defaults if any are claimed; and (iii) confirming such other factual information regarding the status of this Lease as may be reasonably requested. Any such statement may be conclusively relied upon by any prospective purchaser or encumbrancer of the Premises. Failure to deliver such statement within such time shall be conclusive upon such party that the (i) this Lease is in full force and effect, as modified, and stating the modifications); ii. the dates, if any, to which Rent, Additional Charges and other sums payable hereunder have been paid; iii. no notice has been received by Tenant of any Default which has not been cured, except as otherwise specified in such certificate, or, if there is an uncured Default, specifying the nature of such; iv. Landlord is not in default hereunder and no event which, 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 fifteen (15) days after delivery of a request therefor shall be a conclusive admission that, as of the date of the request for such statement: (w) this Lease is unmodified without modification except as may be represented by Landlord in said request and is in full force and effectthe requesting party, (xii) there are no uncured defaults in Landlord's the requesting party’s performance, and (yiii) 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 (z) time per year during the information regarding the status Term of the 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. Any such certificate may shall be relied upon by any permitted prospective transferee, deed used only for purposes of trust beneficiary evaluating the financing or mortgagee purchasing of Landlord's interest under this Leasethe Building.

Estoppel Certificates and Financial Statements. a. Estoppel Certificate 21.1 At any time and from time to time within twenty (20) days following written request by Tenant. Landlord, Tenant will furnish to Landlord a certificate from an authorized member of Tenant, any sublessee or assignee or all of any portion of Tenant's interest under confirming and containing such factual certifications and representations as to this Lease as Landlord may reasonably request, which certificate, at a minimum, shall identify Tenant and this Lease, will execute, acknowledge and deliver to Landlord, within fifteen (15) days of Landlord's written request, a certificate certifying: i. shall certify that this Lease is unmodified and in full force and effect (or, or if there have been modifications, that the Lease same is in full force and effecteffect as so modified), as modified, and stating the modifications); ii. the dates, if any, to which Rent, Additional Charges and other sums payable hereunder have been paid; iii. no notice has been received by Tenant of any Default which has not been cured, except as otherwise specified in such certificate, or, if there is an uncured Default, specifying the nature of such; iv. shall confirm that Landlord is not in default hereunder as to any obligations of Landlord under this Lease (or if Landlord is in default, specifying any default), shall confirm whether Tenant is in default as to any obligations of Tenant under this Lease, and no event whichshall confirm the Term, 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 fifteen (15) days after delivery of a request therefor shall be a conclusive admission that, as of the expiration date of the request for Term, and the amount of Minimum Rental in effect at the time of such statement: (w) this Lease is unmodified except as may be represented by Landlord in said request and is in full force and effect, (x) there are no uncured defaults in Landlord's performance, (y) no rent has been paid more than thirty (30) days in advance; and (z) the information regarding the status of the Lease, as represented by Landlord in said request, is true and correctcertificate. Any such certificate may be furnished pursuant to this Article maybe relied upon by Landlord and any permitted prospective transfereepurchaser of the Leased Property. If Tenant does not provide such certificate within the time period set forth herein, deed of trust beneficiary or mortgagee of Landlord's interest in addition to all other remedies available to Landlord under this Lease, Tenant shall be liable to Landlord for $1,000 for each day after the due date until the certificate is delivered to Landlord. Notwithstanding the foregoing, such $1,000 per day penalty shall only apply if Landlord, in its written request for the estoppel certificate, clearly states that Tenant’s failure to deliver the estoppel certificate to Landlord within the time period set forth herein will subject Tenant to the penalties set forth herein (and such notice shall be given in bold, all capital letters and font of not less than 14 point). 21.2 Tenant will furnish or cause to furnish the following statements to Landlord (Landlord shall keep such information confidential as set forth in Section 21.3 below): (i) within twenty (20) days after Landlord’s request (but not earlier than one-hundred twenty (120) days after the end of Tenant’s fiscal year), a copy of the Financial Statements for the preceding fiscal year of Tenant and, to the extent such Financial statements are prepared and available, as to Tenant’s general partner or managing member; (ii) within twenty (20) days after Landlord’s request, such other information respecting the financial performance, condition and affairs of Tenant and Tenant’s Initial Members as Landlord may reasonably request from time to time, to the extent that such information is prepared and available; and Tenant shall not be obligated to provide such information that it deems confidential and sensitive in its reasonable discretion; and (iii) no more than twice per year, in the event Landlord is attempting to place financing on or sell the Leased Property, within twenty (20) days after Landlord’s request, a balance sheet of Tenant as of the most recent calendar, a statement of profit and loss of Tenant on a cumulative basis through such quarter and a statement of cash flows of Tenant for such period, in each case, in reasonable detail and scope, and certified to be true and complete by a financial officer of Tenant having knowledge thereof, and the foregoing financial statements all being prepared in accordance with GAAP (except as otherwise stated therein). 21.3 Landlord shall keep all information provided by Tenant confidential and shall not share such information with any third parties, other than its attorneys, accountants, lenders, financial partners and financial advisors, which persons shall covenant to kept such information confidential as well. Additionally, Landlord may share such information if specifically requested by a current or prospective Facility Mortgagee or purchaser.

Estoppel Certificates and Financial Statements. a. Estoppel Certificate Tenant shall within seven (7) days following request by Tenant. Tenant, any sublessee or assignee or all of any portion of Tenant's interest under this Lease, will execute, acknowledge Landlord: (a) execute and deliver to LandlordLandlord any documents, within fifteen including estoppel certificates, in the form presented to Tenant by Landlord (151) days of Landlord's written request, a certificate certifying: i. certifying that this Lease has not been modified and is unmodified and in full force and effect (or, if there have been modifications, that the Lease is in full force and effect, as modified, and stating the modifications); ii. the dates, if any, to which Rent, Additional Charges and other sums payable hereunder have been paid; iii. no notice has been received by Tenant of any Default which has not been cured, except as otherwise specified in such certificate, or, if there is an uncured Default, specifying the nature of such; iv. Landlord is not in default hereunder such modification and no event which, 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 fifteen (15) days after delivery of a request therefor shall be a conclusive admission thatthat this Lease, as of the date of the request for such statement: (w) this Lease is unmodified except as may be represented by Landlord in said request and so modified, is in full force and effect, (x2) stating the date to which the rent and other charges are paid in advance, if at all, (3) acknowledging that there are no not, to Tenant's knowledge, any uncured defaults in on the part of Landlord hereunder, or if there are uncured defaults on the part of Landlord's performance, stating the nature of such uncured defaults, and (y4) no rent has been paid more than thirty (30) days in advanceevidencing 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 encumbering the premises or a purchaser of the premises from Landlord; and (zb) deliver to Landlord the information regarding best available current (and public, if the status stock of Tenant is publicly traded over a United States nationally recognized stock exchange) financial statements of Tenant with an opinion of a certified public accountant, if available, including a balance sheet and profit and loss statement for the then current fiscal year, and the two (2) immediately prior fiscal years (if available), all prepared in accordance with generally accepted accounting principles consistently applied. Landlord shall only be entitled to request such financial statements in connection with an intended disposition or refinancing of the Building. Landlord shall within seven (7) days following request by Tenant, provided such request is made only in connection with a proposed assignment or sublease of Tenant's interest in this Lease pursuant to Paragraph 17 above: (a) execute and deliver to Tenant an estoppel certificate in the form presented to Landlord by Tenant (1) certifying that this Lease has not been modified and is in full force and effect or, if modified, stating the nature of such modification and certifying that this Lease, as represented by Landlord in said requestso modified, is true in full force and correct. Any such certificate may be relied upon by any permitted prospective transfereeeffect, deed of trust beneficiary or mortgagee of (2) stating the date to which the rent and other charges are paid in advance, if at all, and (3) acknowledging that there are not, to Landlord's interest under this Leaseknowledge, any uncured defaults on the part of Tenant hereunder, or if there are uncured defaults on the part of Tenant, stating the nature of such uncured defaults.

Estoppel Certificates and Financial Statements. a. Estoppel Certificate At all times during the Lease Term, Tenant agrees, following any request by Tenant. TenantLandlord, any sublessee or assignee or all of any portion of Tenant's interest under this Lease, will execute, acknowledge promptly to execute and deliver to Landlord, Landlord within fifteen 15 days following delivery of such request an estoppel certificate: (15i) days of Landlord's written request, a certificate certifying: i. certifying that this Lease is unmodified and in full force and effect (or, if there have been modificationsmodified, stating the nature of such modification and certifying that the Lease this Lease, as so modified, is in full force and effect, as modified, and (ii) stating the modifications); ii. date to which the datesrent and other charges are paid in advance, if any, (iii) acknowledging that there are not, to which RentTenant’s knowledge, Additional Charges and other sums payable hereunder have been paid; iii. no notice has been received by Tenant any uncured defaults on the part of any Default which has not been cured, except as otherwise specified in such certificate, party hereunder or, if there is an are uncured Defaultdefaults, specifying the nature of such; such defaults, and (iv. Landlord is not in default hereunder and no event which, 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 reasonably required by Landlord. A failure to deliver an estoppel certificate within fifteen (15) 15 days after delivery of a request therefor shall be a conclusive admission that, as of the date of the request for such statement: (wi) this Lease is unmodified except as may be represented by Landlord in said request and is in full force and effect, (xii) there are no uncured defaults in Landlord's ’s performance, and (yiii) no rent has been paid more than thirty (30) 30 days in advance; . At any time during the Lease Term Tenant shall, upon 15 days’ prior written notice from Landlord, provide Tenant’s most recent financial statement and (z) financial statements covering the information regarding 24 month period prior to the status date of such most recent financial statement to any existing Lender or to any potential Lender or buyer of the LeasePremises. Such statements shall be prepared in accordance with generally accepted accounting principles and, 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 represented by Landlord may reasonably require in said request, is true and correct. Any such certificate may be relied upon by any permitted prospective transferee, deed of trust beneficiary or mortgagee of Landlord's interest under this Leaseorder to obtain a credit report.

Estoppel Certificates and Financial Statements. a. Estoppel Certificate by Tenant. TenantTenant shall, any sublessee or assignee or all from time to time, upon the written request of any portion of Tenant's interest under this LeaseLandlord, will execute, acknowledge and deliver to Landlord, within fifteen Landlord or its designee a written statement stating (15to the extent factually accurate): (a) days of Landlord's written request, a certificate certifying: i. the date this Lease is unmodified was executed and in full force the date it expires; (b) the date Tenant entered into occupancy of the Premises; (c) the amount of monthly Base Rent and effect (or, if there Additional Rent and the date to which such Base Rent and Additional Rent have been modifications, paid; and (d) certifying that the (1) this Lease is in full force and effect, as modified, effect and stating the modifications); ii. the dates, if any, to which Rent, Additional Charges and other sums payable hereunder have been paid; iii. no notice has been received by Tenant of any Default which has not been curedassigned, except as otherwise specified modified, supplemented or amended in such certificate, or, if there is an uncured Default, any way (or specifying the nature date of such; iv. the agreement so affecting this Lease); (2) Landlord is not in default hereunder breach of this Lease (or, if so, a description of each such breach) and that no event whichevent, omission or condition has occurred which would result, with the passing giving of notice or the passage of time, giving in a breach of notice, or both, would constitute a default 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 hereunderto Tenant on account of Tenant Improvements have been received; 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 fifteen (155) days after delivery of a request therefor shall be a conclusive admission that, as of on the date of execution, there exist no defenses or offsets which the request for such statement: (w) Tenant has against the enforcement of this Lease is unmodified except as may be represented by Landlord in said request and is in full force and effect, the Landlord; (x) there are no uncured defaults in Landlord's performance, (y6) no rent 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 paid more than thirty deposited with Landlord (30) days in advanceor, if so, the amount of such security); and (z) the information regarding the status of the Lease, as represented by Landlord in said request, 8) it is true and correct. Any such certificate intended that any Tenant’s statement may be relied upon by any permitted a prospective transferee, deed of trust beneficiary purchaser or mortgagee of Landlord's ’s interest under 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) 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 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) Tenant, (ii) any entity which owns a controlling interest in Tenant, (iii) any successor entity to Tenant by merger or operation of law, and (iv) any guarantor of this Lease.

Estoppel Certificates and Financial Statements. a. Estoppel Certificate by Tenant. Tenant28.1 Within ten (10) days after request of Landlord, any sublessee or assignee or all Tenant shall deliver to Landlord a duly executed certificate stating the Termination Date, the Monthly Rent and Additional Rent, the amount of any portion of Tenant's interest under prepaid rent and security deposit, the fact that this Lease, will execute, acknowledge and deliver to Landlord, within fifteen (15) days of Landlord's written request, a certificate certifying: i. this Lease is unmodified and in full force and effect (or, if there have been modifications, that the Lease is in full force and effect, as the fact that this Lease is unmodified (or if modified, the date of the modification), and stating the modifications); ii. the dates, if any, to which Rent, Additional Charges and other sums payable hereunder have been paid; iii. no notice has been received by Tenant of any Default which has not been cured, except as otherwise specified in such certificate, or, if there is an uncured Default, specifying the nature of such; iv. fact that Landlord is not in default hereunder and no event which(or if a default exists, with the passing of time, giving of notice, or both, would nature thereof). Failure to timely deliver same shall constitute a default under the terms of this Lease. Such certificate may be relied on by Landlord hereunder; andLandlord, prospective lenders or prospective purchasers. v. certifying such other information about 28.2 During the status Term of the this Lease and the Leased Premises any extensions thereto, Tenant (and Tenants Guarantor) shall produce current financial statements as may be required requested by Landlord. A failure to deliver an estoppel certificate , any prospective purchaser or lender or any lender of record within fifteen (15) days after delivery of a request therefor shall be a conclusive admission that, as of the date of the request for such statement: (w) this Lease is unmodified except as may be represented by Landlord in said request and is in full force and effect, (x) there are no uncured defaults in Landlord's performance, (y) no rent has been paid more than thirty (30) days of written notification from Landlord, together with an opinion of an independent certified public accountant of recognized standing to the effect that such financial statements have been prepared in advance; conformity with generally accepted accounting methods consistently applied and (z) fairly present the information regarding financial condition and results of operations of Tenant as of and for the status periods covered. Landlord agrees to limit any such requests for the production of internal financial statements from the Tenant to a maximum of one request in each twelve month period of the Lease Term. Tenant acknowledges that this provision is a material element of the Lease without which Landlord would not have entered into this Lease. If Tenant (or Tenant's Guarantor) is a company which is required to make periodic reports to the Securities and Exchange Commission, as represented by Landlord in said request, is true and correct. Any such certificate may a copy of Tenant's (or Tenant's Guarantor) most recent publicly disclosed financial statement shall be relied upon by any permitted prospective transferee, deed sufficient for purposes of trust beneficiary or mortgagee of Landlord's interest under this Lease.

Estoppel Certificates and Financial Statements. a. Estoppel Certificate At all times during the Lease Term, Tenant agrees, within ten (10) business days after any request by Tenant. TenantLandlord, any sublessee or assignee or all of any portion of Tenant's interest under this Lease, will execute, acknowledge promptly to execute and deliver to LandlordLandlord an estoppel certificate, within fifteen (15i) days of Landlord's written request, a certificate certifying: i. certifying that this Lease is unmodified and in full force and effect (oreffect, or if there have been modificationsmodified, stating the nature of such modification and certifying that the Lease this Lease, as so modified, is in full force and effect, as modified, and (ii) stating the modifications); ii. date to which the datesrent and other charges are paid in advance, if any, (iii) acknowledging that there are not, to which RentTenant’s knowledge, Additional Charges and other sums payable hereunder have been paid; iii. no notice has been received by Tenant any uncured defaults on the part of any Default which has not been curedLandlord hereunder, except as otherwise specified in such certificate, or, or if there is an are uncured Defaultdefaults, specifying stating the nature of such; such uncured defaults, and (iv. Landlord is not in default hereunder and no event which, 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 reasonably required by Landlord. A Tenant’s failure to deliver an estoppel certificate within fifteen ten (1510) days after delivery of a Landlord’s request therefor therefore shall be a conclusive admission by Tenant that, as of the date of the request for such statement: , (wv) this Lease is unmodified except as may be represented by Landlord in said request and is in full force and effect, (xvi) to Tenant’s knowledge, there are no uncured defaults in Landlord's ’s performance, and (yvii) no rent has been paid more than thirty (30) days in advance; and (z) . At any time during the information regarding the status Lease Term but solely in connection with any sale or financing of the LeaseProject, as represented Tenant shall, upon ten (10) business days’ prior written notice from Landlord, provide Tenant’s or Tenant’s parent company’s most recent financial information that is publicly available of otherwise generally provided by Landlord in said request, is true and correct. Any such certificate may be relied upon by Tenant to its creditors to any permitted prospective transferee, deed of trust beneficiary Lender or mortgagee to any buyer of Landlord's ’s interest under this Leasein the Premises.

Estoppel Certificates and Financial Statements. a. Estoppel Certificate by Tenant. TenantTenant shall, not more than twice in any sublessee or assignee or all twelve (12) month period, upon the written request of any portion of Tenant's interest under this LeaseLandlord, will execute, acknowledge and deliver to Landlord, within fifteen Landlord or its designee a written statement stating: (15a) days of Landlord's written request, a certificate certifying: i. the date this Lease is unmodified was executed and in full force the date it expires; (b) the date Tenant entered into occupancy of the Premises; (c) the amount of monthly Base Rent and effect (or, if there Additional Rent and the date to which such Base Rent and Additional Rent have been modifications, paid; and (d) certifying that the (1) this Lease is in full force and effect, as modified, effect and stating the modifications); ii. the dates, if any, to which Rent, Additional Charges and other sums payable hereunder have been paid; iii. no notice has been received by Tenant of any Default which has not been curedassigned, except as otherwise specified modified, supplemented or amended in such certificate, or, if there is an uncured Default, any way (or specifying the nature date of such; iv. the agreement so affecting this Lease); (2) to the best of Tenant’s knowledge, Landlord is not in default hereunder breach of this Lease (or, if so, a description of each such breach) and that no event whichevent, omission or condition has occurred which would result, with the passing giving of notice or the passage of time, giving in a breach of notice, or both, would constitute a default 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 hereunderto Tenant on account of Tenant Improvements have been received or stating the amount of contributions outstanding; 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 fifteen (155) days after delivery of a request therefor shall be a conclusive admission that, as of on the date of execution, to the request for such statement: (w) best of Tenant’s knowledge, there exist no defenses or offsets which the Tenant has against the enforcement of this Lease is unmodified except as may be represented by Landlord in said request and is in full force and effect, the Landlord; (x) there are no uncured defaults in Landlord's performance, (y6) no rent 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 paid more than thirty deposited with Landlord (30) days in advanceor, if so, the amount of such security); and (z) the information regarding the status of the Lease, as represented by Landlord in said request, 8) it is true and correct. Any such certificate intended that any Tenant’s statement may be relied upon by any permitted a prospective transferee, deed of trust beneficiary purchaser or mortgagee of Landlord's ’s interest under 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) Business Days of its receipt of a written request by Landlord as provided in this Leaseparagraph, 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 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) Tenant, (ii) any entity which owns a controlling interest in Tenant, (iii) any entity the controlling interest of which is owned by Tenant, and (iv) any successor entity to Tenant by merger or operation of law.

Estoppel Certificates and Financial Statements. a. Estoppel Certificate At all times during the Lease Term, Tenant agrees, following any request by Tenant. TenantLandlord, any sublessee or assignee or all of any portion of Tenant's interest under this Lease, will execute, acknowledge to execute and deliver to Landlord, Landlord within fifteen ten (1510) days following delivery of Landlord's written request, a certificate certifying: i. such request an estoppel certificate: (i) certifying that this Lease is unmodified and in full force and effect (or, if there have been modificationsmodified, stating the nature of such modification and certifying that the Lease this Lease, as so modified, is in full force and effect, as modified, and (ii) stating the modifications); ii. date to which the datesRent and other charges are paid in advance, if any, to which Rent, Additional Charges and other sums payable hereunder have been paid; (iii. no notice has been received by Tenant ) acknowledging that there are not any uncured defaults on the part of any Default which has not been cured, except as otherwise specified in such certificate, party hereunder or, if there is an are uncured Defaultdefaults, specifying the nature of such; such defaults, and (iv. Landlord is not in default hereunder and no event which, 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 fifteen ten (1510) days after delivery of a request therefor therefore shall be a conclusive admission that, as of the date of the request for such statement: (wi) this Lease is unmodified except as may be represented by Landlord in said request and is in full force and effect, (xii) there are no uncured defaults in Landlord's ’s performance, (yiii) no rent has been paid more than thirty (30) days in advance; , and (ziv) the information regarding the status of the this Lease, as represented by Landlord in said request, is true and correct. Any 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 certificate may most recent financial statement to any existing Lender or to any potential Lender or buyer of the Premises. Such statements shall be relied upon prepared in accordance with generally accepted accounting principles and shall be certified by any permitted prospective transfereeTenant’s chief financial officer as true and correct in all material respects and at Landlord’s request, deed supported with copies of trust beneficiary or mortgagee Tenant’s bank statements or, if such is the normal practice of Landlord's interest under this LeaseTenant, shall be audited by an independent certified public accountant.

Estoppel Certificates and Financial Statements. a. Estoppel Certificate At all times during the Lease Term, Tenant agrees, following any request by Tenant. TenantLandlord, any sublessee or assignee or all of any portion of Tenant's interest under this Lease, will execute, acknowledge promptly to execute and deliver to Landlord, Landlord within fifteen (15) days following delivery of Landlord's written request, a certificate certifying: i. such request an estoppel certificate: (i) certifying that this Lease is unmodified and in full force and effect (or, if there have been modificationsmodified, stating the nature of such modification and certifying that the Lease this Lease, as so modified, is in full force and effect, as modified, and (ii) stating the modifications); ii. date to which the datesrent and other charges are paid in advance, if any, (iii) acknowledging that there are not, to which RentTenant’s knowledge, Additional Charges and other sums payable hereunder have been paid; iii. no notice has been received by Tenant any uncured defaults on the part of any Default which has not been cured, except as otherwise specified in such certificate, party hereunder or, if there is an are uncured Defaultdefaults, specifying the nature of such; such defaults, and (iv. Landlord is not in default hereunder and no event which, 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 reasonably required by Landlord. A Tenant’s failure to deliver an estoppel certificate within five (5) days after Landlord’s delivery of a second request therefor following Tenant’s failure to deliver the same within fifteen (15) days after delivery of a following Landlord’s initial request therefor pursuant to this Section 15.6 shall be a conclusive admission that, as of the date of the request for such statement: (wi) this Lease is unmodified except as may be represented by Landlord in said request and is in full force and effect, (xii) there are no uncured defaults in Landlord's ’s performance, and (yiii) no rent has been paid more than thirty (30) days in advance; . At any time during the Lease Term Tenant shall, upon fifteen (15) days’ prior written notice from Landlord, provide Tenant’s most recent financial statement and financial statements covering the twenty-four (z24) month period prior to the information regarding the status date of such most recent financial statement to any existing Lender or to any potential Lender or buyer of the LeasePremises, provided that such financial statements are not publicly available. Such statements shall be prepared in accordance with generally accepted accounting principles and, 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 represented by Landlord may reasonably require in said request, is true and correct. Any such certificate may be relied upon by any permitted prospective transferee, deed of trust beneficiary or mortgagee of Landlord's interest under this Leaseorder to obtain a credit report.

Estoppel Certificates and Financial Statements. a. Estoppel Certificate At all times during the Lease Term, each party agrees, following any request by Tenant. Tenantthe other party, any sublessee or assignee or all of any portion of Tenant's interest under this Lease, will execute, acknowledge promptly to execute and deliver to Landlord, the requesting party within fifteen 15 days following delivery of such request an estoppel certificate: (15i) days of Landlord's written request, a certificate certifying: i. certifying that this Lease is unmodified and in full force and effect (or, if there have been modifications, that the Lease is in full force and effect, as modified, and stating the modifications); ii. the dates, if any, to which Rent, Additional Charges and other sums payable hereunder have been paid; iii. no notice has been received by Tenant of any Default which has not been cured, except as otherwise specified in such certificate, or, if there is an uncured Default, specifying the nature of such; iv. Landlord is not in default hereunder such modification and no event which, 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 fifteen (15) days after delivery of a request therefor shall be a conclusive admission thatthat this Lease, as of the date of the request for such statement: (w) this Lease is unmodified except as may be represented by Landlord in said request and so modified, is in full force and effect, (xii) stating the date to which the rent and other charges are paid in advance, if any, (iii) acknowledging that there are no not, to the certifying party’s knowledge, any uncured defaults in Landlord's performanceon the part of any party hereunder or, (y) no rent has been paid more than thirty (30) days in advance; if there are uncured defaults, specifying the nature of such defaults, and (ziv) certifying such other information about the Lease as may be reasonably required by the requesting party. If Tenant fails to execute any such estoppel certificate within said 15 day period, Landlord may send a second written request for Tenant to execute and deliver such estoppel certificate. If Tenant fails to deliver such estoppel certificate within 10 days after receipt of such second written request, then the information regarding the status of the Lease, as represented by Landlord contained in said request, is true such estoppel certificate shall be deemed correct and correct. Any such certificate binding against Tenant and may be relied upon by any permitted prospective transfereeLender, deed buyer and Landlord. At any time during the Lease Term Tenant shall, upon 15 days’ prior written notice from Landlord, provide Tenant’s most recent financial statement and financial statements covering the 24 month period prior to the date of trust beneficiary such most recent financial statement to any Lender or mortgagee potential buyer of Landlord's interest under this Leasethe Premises, provided such buyer (but not any Lender) agrees to execute a commercially reasonable form of non-disclosure agreement as a condition of receipt of such statements during the time period that Tenant is a privately owned company. Such statements shall be prepared in accordance with generally accepted accounting principles and, if such is the normal practice of Tenant, shall be audited by an independent certified public accountant. If Tenant fails to deliver such information within said 15 day period, Landlord may send a second written request for Tenant to deliver such information. Tenant’s failure to deliver such information within 10 days after receipt of such second written request shall constitute an Event of Tenant’s Default.

Estoppel Certificates and Financial Statements. a. Estoppel Certificate 21.1 At any time and from time to time within twenty (20) days following written request by Tenant. TenantLandlord, Landlord’s Mortgagee or any sublessee or assignee or all purchaser at a foreclosure sale of any portion of Tenant's interest under this Leasethe Premises, Tenant will execute, acknowledge and deliver furnish to Landlord, within fifteen Landlord’s Mortgagee or any purchaser at a foreclosure sale of the Premises (15as applicable) days of Landlord's written request, a certificate certifying: i. from an authorized member of Tenant certifying that this Lease is unmodified and in full force and effect (or, if there have been modifications, or that the this Lease is in full force and effect, effect as modified, modified and stating setting forth the modifications); ii. , the dates, if any, dates to which Rent, Additional Charges and other sums payable hereunder have been paid; iii. no notice has been received by Tenant of any Default which has not been cured, except as otherwise specified in such certificate, or, if there is an uncured Default, specifying the nature of such; iv. Landlord is not in default hereunder and no event which, 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 fifteen (15) days after delivery of a request therefor shall be a conclusive admission that, as of the date of the request for such statement: (w) this Lease is unmodified except as may be represented by Landlord in said request and is in full force and effect, (x) there are no uncured defaults in Landlord's performance, (y) no rent Rent has been paid more than thirty (30) days in advance; and (z) the such other reasonable statements or information regarding the status of the Lease, as represented by Landlord in said request, is true and correctrequested. Any such certificate may be furnished pursuant to this Article maybe relied upon by Landlord, Landlord’s Mortgagee and any permitted prospective transfereepurchaser of the Building. 21.2 Within one-hundred twenty (120) days after the end of each of Tenant’s fiscal years, deed Tenant will furnish or cause to furnish to Landlord a copy of trust beneficiary the Financial Statements for the preceding fiscal year of Tenant, to the extent that such financial statements are prepared and available; provided that Tenant shall not be obligated to provide such information to Landlord it deems confidential and sensitive in its 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, consultants, accountants, lenders or mortgagee prospective purchasers of Landlord's ’s interest under this Leasein the project, (2) in litigation between Landlord and Tenant, and (3) if required by court order, without the written consent of Tenant.

Estoppel Certificates and Financial Statements. a. Estoppel Certificate (a) DELIVERY BY TENANT. Tenant shall, within ten (10) business days following request by Tenant. TenantLandlord therefore and without charge, any sublessee or assignee or all of any portion of Tenant's interest under this Lease, will execute, acknowledge execute and deliver to LandlordLandlord estoppel certificates and current financial statements of Tenant requested by Landlordin connection with the sale or financing of the Premises, within fifteen or requested by any lender making a loan affecting the Premises and/or real property. Notwithstanding the above, the aforementioned requests shall conform with laws applicable to Tenant if a publicly traded company. Landlord may require that Tenant in any estoppel certificate shall (15i) days of Landlord's written request, a certificate certifying: i. certify that this Lease is unmodified and in full force and effect (or, if modified, state the nature of such modification and certify that this Lease, as so modified, is in full force and effect) and has not been assigned, (ii) certify the date to which Rentals are paid in advance, if any, (iii) 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 and/or real property or a purchaser of the Premises from Landlord, (v) warrant that in the event any beneficiary of any security instrument encumbering the Premises and/or real property forecloses on the security instrument or sells the Premises pursuant to any power of sale contained in such security instrument, such beneficiary shall not be liable for the Security Deposit unless received by such beneficiary, (vi) certify the date Tenant entered into occupancy of the 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 modificationssubstantially completed except for punch list items which do not prevent Tenant from using the Premises for its intended use, and (viii) certify such other matters relating to the Lease and/or Premises as may be reasonably requested by a lender making a loan to Landlord or a purchaser of the Premises from Landlord. Any such estoppel certificate may be conclusively relied upon by any prospective purchaser or encumbrancer of the Premises. Any financial statements of Tenant shall 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, all prepared in accordance with generally accepted accounting principles consistently applied. All such financial statements shall be kept confidential. (b) NONDELIVERY BY TENANT. Tenant's failure to deliver an estoppel certificate as required pursuant to Paragraph 20.5(a) above shall be conclusive upon Tenant that the (i) this Lease is in full force and effect, as modified, and stating the modifications); ii. the dates, if any, to which Rent, Additional Charges and other sums payable hereunder have been paid; iii. no notice has been received by Tenant of any Default which has not been cured, except as otherwise specified in such certificate, or, if there is an uncured Default, specifying the nature of such; iv. Landlord is not in default hereunder and no event which, 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 fifteen (15) days after delivery of a request therefor shall be a conclusive admission that, as of the date of the request for such statement: (w) this Lease is unmodified without modification except as may be represented by Landlord in said request and is in full force and effecthas not been assigned, (xii) there are now no uncured defaults in Landlord's performance, (yiii) no rent has Rentals have been paid more than thirty in advance except those that are set forth in this Lease, (30iv) days no beneficiary of any security instrument encumbering the Premises shall be liable for the Security Deposit in advance; the event of a foreclosure or sale under such security instrument unless received by such beneficiary, (v) the 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 (zvi) the information regarding the status Tenant has entered into occupancy of the Lease, Premises on such date as may be represented by Landlord in said requestand is open and conducting business at the Premises. Tenant's failure to deliver any financial statements, is true and correct. Any such certificate may estoppel certificates or other documents as required pursuant to Paragraph 20.5(a) above shall be relied upon a Default by any permitted prospective transferee, deed of trust beneficiary or mortgagee of Landlord's interest under this LeaseTenant.

Estoppel Certificates and Financial Statements. a. Estoppel Certificate (a) Delivery by Tenant. Tenant, any sublessee or assignee or all of any portion of Tenant's interest under this Lease, will execute, acknowledge and deliver to Landlord, within fifteen (15) days ------------------ following request by Landlord and without charge, shall execute and deliver to Landlord any and all documents requested by Landlord in connection with the sale or financing of Landlord's written requestthe Premises or any lender making a loan affecting the Premises, including without limitation a certificate certifying: i. in substantially the form attached hereto as Exhibit E, estoppel certificates, and current published financial --------- statements. Landlord may require that any estoppel certificates shall (i) certify that this Lease is unmodified and in full force and effect (or, if there have been modificationsmodified, state the nature of such modification and certify that the Lease this Lease, as so modified, is in full force and effect) and has not been assigned, as modified, and stating (ii) certify the modifications); ii. the datesdate to which Rentals are paid in advance, if any, (iii) acknowledge that there are not, to which RentTenant's knowledge, Additional Charges and other sums payable hereunder have been paid; iii. no notice has been received by Tenant any uncured defaults on the part of any Default which has not been cured, except as otherwise specified in such certificate, or, if there is an uncured Default, specifying the nature of such; iv. Landlord is not in default hereunder and no event which, with the passing of time, giving of noticehereunder, or bothspecify such defaults if claimed, would constitute a default by Landlord hereunder; and v. certifying such other information about (iv) evidence the status of the this Lease and the Leased Premises as may be required either by Landlord. A failure a lender making a loan to deliver an estoppel certificate within fifteen (15) days after delivery Landlord to be secured by a deed of trust or mortgage covering the Premises or a request therefor shall be a conclusive admission that, as purchaser of the Premises from Landlord, (v) warrant that in the event any beneficiary of any security instrument encumbering the Premises forecloses on the security instrument or sells the Premises pursuant to any power of sale contained in such security instrument, such beneficiary shall not be liable for the Security Deposit unless delivered to such Beneficiary, (vi) certify the date Tenant entered into occupancy of the request for such statement: (w) this Lease is unmodified except as may be represented by Landlord in said request Premises and is in full force and effectthe Termination Date, (xvii) there are no uncured defaults in certify that to Tenant's knowledge, all Landlord's performanceImprovements have been satisfactorily completed, (y) no rent has been paid more than thirty (30) days in advance; and (z) the information regarding the status of the Leaseor if not, as represented by Landlord in said request, is true and correctspecify any deficiencies known to Tenant with Landlord's Improvements. Any such estoppel certificate may be conclusively relied upon by any permitted prospective transferee, deed purchaser or encumbrancer of trust beneficiary or mortgagee of Landlord's interest under this Leasethe Premises.

Estoppel Certificates and Financial Statements. a. Estoppel Certificate by Tenant. Tenant, any sublessee or assignee or all of any portion of Tenant's interest under this Lease, will execute, acknowledge and deliver to Landlord, Tenant shall within fifteen (15) days of following request by Landlord's written request: (a) execute and deliver to Landlord any documents, a certificate certifying: i. including estoppel certificates, in the form presented to Tenant by Landlord (1) certifying that this Lease has not been modified and is unmodified and in full force and effect (or, if there have been modifications, that the Lease is in full force and effect, as modified, and stating the modifications); ii. the dates, if any, to which Rent, Additional Charges and other sums payable hereunder have been paid; iii. no notice has been received by Tenant of any Default which has not been cured, except as otherwise specified in such certificate, or, if there is an uncured Default, specifying the nature of such; iv. Landlord is not in default hereunder such modification and no event which, 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 fifteen (15) days after delivery of a request therefor shall be a conclusive admission thatthat this Lease, as of the date of the request for such statement: (w) this Lease is unmodified except as may be represented by Landlord in said request and so modified, is in full force and effect, (x2) stating the date to which the rent and other charges are paid in advance, if at all, (3) acknowledging that there are no not, to Tenant's knowledge, any uncured defaults in on the part of Landlord hereunder, or if there are uncured defaults on the part of Landlord's performance, stating the nature of such uncured defaults, and (y4) no rent has been paid more than thirty (30) days in advanceevidencing 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 encumbering the premises or a purchaser of the premises from Landlord; and (zb) deliver to Landlord the information regarding current financial statements of Tenant with an opinion of a certified public accountant, if available at no additional cost to Tenant, including a balance sheet and profit and loss statement for the status then current fiscal year, and the two (2) immediately prior fiscal years (if available) at no additional cost to Tenant, all prepared in accordance with generally accepted accounting principles 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 an Event of the Lease, as represented by Landlord in said request, is true and correct. Any such certificate may be relied upon by any permitted prospective transferee, deed of trust beneficiary or mortgagee of Landlord's interest Default under this Lease.

Estoppel Certificates and Financial Statements. a. Estoppel Certificate by Tenant. Tenant21.1 Within twenty (20) days after written request therefore, any sublessee or assignee or all of any portion of Tenant's interest under this Lease, will execute, acknowledge Tenant shall execute and deliver to Landlord, within fifteen (15) days of Landlord's written request, a certificate certifying: i. stating that to Tenant’s actual knowledge as of the date of the certificate, this Lease is unmodified and in full force and effect (or, if there have been modifications, that the Lease is in full force and effect, as modifieddescribing any amendments or modifications hereto, and stating the modifications); ii. the dates, if any, to which Rent, Additional Charges and other sums payable hereunder have been paid; iii. no notice has been received by Tenant of any Default which has not been cured, except as otherwise specified in such certificate, or, if there is an uncured Default, specifying the nature of such; iv. Landlord is not in default hereunder and no event which, 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 fifteen (15) days after delivery of a request therefor shall be a conclusive admission that, as of the date of the request for such statement: (w) acknowledging that this Lease is unmodified except subordinate or prior, as the case may be represented by Landlord in said request be, to any Encumbrance and is in full force and effect, (x) there are no uncured defaults in Landlord's performance, (y) no rent has been paid more than thirty (30) days in advance; and (z) the stating any other information regarding the status of the Lease Landlord may reasonably request, including the Term, the monthly Base Rent, the date to which Rent has been paid, the amount of any security deposit or prepaid rent, whether to the best of the Tenant’s knowledge, Landlord is in default under the terms of the Lease, and whether Landlord has completed its construction obligations hereunder (if any). Any person or entity purchasing, acquiring an interest in or extending in financing with respect to the Property shall be entitled to rely upon any such certificate. If Tenant fails to deliver such certificate within ten (10) days after Landlord’s second written request therefore, Tenant shall be deemed to have approved and shall be bound by such estoppels certificate. 21.2 Within ten (10) days after written request therefore, but no more than once a year, Tenant shall deliver to Landlord a copy of the financial statements (including at least a year end balance sheet and a statement of profit and loss) of Tenant for each of the three most recently completed years, prepared in accordance with generally accepted accounting principles (and, if such is Tenant’s normal practice, audited by an independent certified public accountant), all then available subsequent interim statements, and such other financial information as represented may reasonably be requested by Landlord in said request, is true and correct. Any such certificate may be relied upon or required by any permitted prospective transfereeMortgagee. Notwithstanding the foregoing, deed of trust beneficiary or mortgagee of Landlord's interest Landlord hereby waives the right to request such financial statements so long as the named tenant under this Leaselease is a public corporation whose shares are traded on a nationally recognized stock market or exchange.

Estoppel Certificates and Financial Statements. a. Estoppel Certificate Within ten (10) days following a request in writing by Tenant. TenantLandlord, any sublessee or assignee or all of any portion of Tenant's interest under this Lease, will execute, acknowledge Tenant shall execute and deliver to Landlord an estoppel certificate, which, as submitted by Landlord, within fifteen shall be substantially in the form of Exhibit F, attached hereto, (15) days of Landlord's written request, a certificate certifying: i. this Lease is unmodified and in full force and effect (or, if there have been modifications, that the Lease is in full force and effect, as modified, and stating the modifications); ii. the dates, if any, to which Rent, Additional Charges and other sums payable hereunder have been paid; iii. no notice has been received by Tenant of any Default which has not been cured, except as otherwise specified in such certificate, or, if there is an uncured Default, specifying the nature of such; iv. Landlord is not in default hereunder and no event which, 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 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. A failure Tenant shall execute and deliver whatever other instruments may be reasonably required for such purposes. If Tenant fails to timely execute and deliver an such estoppel certificate or other instruments and Tenant again fails to execute and return such estoppel certificate within fifteen five (155) days of Landlord’s additional demand therefor, Tenant shall be considered in default of this Lease and the additional cure period provided in Section 19.1.2 shall not apply. Within ten (10) days after delivery written request from Landlord, Tenant shall deliver to Landlord a copy of a Tenant’s most recent annual report (if Tenant is publicly traded) or if Tenant is not then publicly traded, such financial statements as are reasonably required by Landlord to verify the net worth of Tenant, or any assignee, subtenant or guarantor of Tenant, provided that such information will not be requested more than five (5) times during the initial Lease Term or any Option Term. In addition, Tenant shall, within ten (10) days after written request therefor shall be a conclusive admission thatfrom Landlord, as deliver to any proposed lender or prospective purchaser of the date Project designated by Landlord a copy of Tenant’s most recent annual report (if Tenant is publicly traded) or if Tenant is not then publicly traded, any financial statements required by such lender to facilitate the sale, financing or refinancing of the request for Project or any portion thereof, provided that such statement: (w) this Lease is unmodified except as may information will not be represented by Landlord in said request and is in full force and effect, (x) there are no uncured defaults in Landlord's performance, (y) no rent has been paid requested more than thirty five (305) days in advance; and (z) times during the information regarding the status of the Lease, as represented by Landlord in said request, is true and correct. Any such certificate may be relied upon by initial Lease Term or any permitted prospective transferee, deed of trust beneficiary or mortgagee of Landlord's interest under this LeaseOption Term.

Estoppel Certificates and Financial Statements. a. Estoppel Certificate At all times during the Lease Term, each party agrees, following any request by Tenant. Tenantthe other party, any sublessee or assignee or all of any portion of Tenant's interest under this Lease, will execute, acknowledge promptly to execute and deliver to Landlord, the requesting party within fifteen 15 days following delivery of such request an estoppel certificate: (15i) days of Landlord's written request, a certificate certifying: i. certifying that this Lease is unmodified and in full force and effect (or, if there have been modificationsmodified, stating the nature of such modification and certifying that the Lease this Lease, as so modified, is in full force and effect, as modified, and (ii) stating the modifications); ii. date to which the datesrent and other charges are paid in advance, if any, (iii) acknowledging that there are not, to which Rentthe certifying party’s knowledge, Additional Charges and other sums payable hereunder have been paid; iii. no notice has been received by Tenant any uncured defaults on the part of any Default which has not been cured, except as otherwise specified in such certificate, party hereunder or, if there is an are uncured Defaultdefaults, specifying the nature of such; such defaults, and (iv. Landlord is not in default hereunder and no event which, 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 reasonably required by Landlordthe requesting party. A failure to deliver an estoppel certificate within fifteen (15) 15 days after delivery of a request therefor shall be a conclusive admission that, as of the date of the request for such statement: (wi) this Lease is unmodified except as may be represented by Landlord the requesting party in said request and is in full force and effect, (xii) there are no uncured defaults in Landlord's the requesting party’s performance, and (yiii) no rent has been paid more than thirty (30) 30 days in advance; . At any time during the Lease Term Tenant shall, upon 15 days’ prior written notice from Landlord, 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 (z) financial statements covering the information regarding 24 month period prior to the status date of such most recent quarterly financial statement to any existing Lender or to any potential Lender or buyer of the LeasePremises. Such statements shall be prepared in accordance with generally accepted accounting principles and, 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 represented (i) such parties agree in writing to keep such information confidential, or (ii) are notified in writing by Landlord in said request, that such information is true confidential and correct. Any Landlord notifies Tenant of the parties to whom such certificate may be relied upon by any permitted prospective transferee, deed of trust beneficiary or mortgagee of Landlord's interest under this Leaseinformation has been delivered.

Estoppel Certificates and Financial Statements. a. Estoppel Certificate by Tenant. Tenant, Tenant shall at any sublessee or assignee or all of any portion of Tenant's interest under this Lease, will time upon ten (10) days prior written notice from the Landlord execute, acknowledge and deliver to Landlord, within fifteen Landlord and any lender of Landlord or prospective purchaser of the Building a statement in writing (15i) days of Landlord's written request, a certificate certifying: 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) and the date to which the rent and other charges are paid in advance, if any, (ii) acknowledging that there have been modificationsare not, to Tenant's knowledge, any uncured defaults on the part of Landlord, or specifying such defaults if any are claimed; and (iii) confirming such other factual information regarding the status of this Lease as may be requested. Any such statement may be conclusively relied upon by any prospective purchaser or encumbrancer of the Premises. Failure to deliver such statement within such time shall be conclusive upon such party that the (i) this Lease is in full force and effect, as modified, and stating the modifications); ii. the dates, if any, to which Rent, Additional Charges and other sums payable hereunder have been paid; iii. no notice has been received by Tenant of any Default which has not been cured, except as otherwise specified in such certificate, or, if there is an uncured Default, specifying the nature of such; iv. Landlord is not in default hereunder and no event which, 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 fifteen (15) days after delivery of a request therefor shall be a conclusive admission that, as of the date of the request for such statement: (w) this Lease is unmodified without modification except as may be represented by Landlord in said request and is in full force and effectthe requesting party, (xii) there are no uncured defaults in Landlordthe requesting party's performance, and (yiii) 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 (z) time per year during the information regarding the status Term of the 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. Any such certificate may shall be relied upon by any permitted prospective transferee, deed used only for purposes of trust beneficiary evaluating the financing or mortgagee purchasing of Landlord's interest under this Leasethe Building.

Estoppel Certificates and Financial Statements. a. Estoppel Certificate 21.1 At any time and from time to time within twenty (20) days following written request by Tenant. TenantLandlord, Landlord’s Mortgagee or any sublessee or assignee or all purchaser at a foreclosure sale of any portion of Tenant's interest under this Leasethe Premises, Tenant will execute, acknowledge and deliver furnish to Landlord, within fifteen Landlord’s Mortgagee or any purchaser at a foreclosure sale of the Premises (15as applicable) days of Landlord's written request, a certificate certifying: i. from an authorized member of Tenant certifying that this Lease is unmodified and in full force and effect (or, if there have been modifications, or that the this Lease is in full force and effect, effect as modified, modified and stating setting forth the modifications); ii. , the dates, if any, dates to which Rent, Additional Charges and other sums payable hereunder have been paid; iii. no notice has been received by Tenant of any Default which has not been cured, except as otherwise specified in such certificate, or, if there is an uncured Default, specifying the nature of such; iv. Landlord is not in default hereunder and no event which, 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 fifteen (15) days after delivery of a request therefor shall be a conclusive admission that, as of the date of the request for such statement: (w) this Lease is unmodified except as may be represented by Landlord in said request and is in full force and effect, (x) there are no uncured defaults in Landlord's performance, (y) no rent Rent has been paid more than thirty (30) days in advance; and (z) the such other reasonable statements or information regarding the status of the Lease, as represented by Landlord in said request, is true and correctrequested. Any such certificate may be furnished pursuant to this Article maybe relied upon by Landlord, Landlord’s Mortgagee and any permitted prospective transfereepurchaser of the Building. 21.2 Tenant will furnish or cause to furnish the following statements to Landlord; provided that Tenant shall not be obligated to provide such information to Landlord it deems confidential and sensitive in its reasonable discretion. Landlord shall keep all information provided by Tenant confidential and shall not share such information with any third parties (except (1) to Landlord’s attorneys, deed of trust beneficiary consultants, accountants, lenders or mortgagee prospective purchasers of Landlord's ’s interest under this Leasein the project (but not to any operators of a long term acute care hospital or in-patient rehabilitation facility), (2) in litigation between Landlord and Tenant, and (3) if required by court order, without the written consent of Tenant. In no event shall Landlord share information with any third parties if such action would be in violation of the Securities Exchange Act of 1934. (i) Within one-hundred twenty (120) days after the end of each of Tenant’s fiscal years, a copy of the Financial Statements for the preceding fiscal year of Tenant and Tenant’s general partner or managing member, to the extent that such financial statements are prepared and available, and (ii) With reasonable promptness, such other information respecting the financial performance, condition and affairs of Tenant and Tenant’s general partner or managing member as Landlord may reasonably request from time to time, to the extent that such financial statements are prepared and available.

Estoppel Certificates and Financial Statements. a. Estoppel Certificate At all times during the Lease Term, Tenant agrees, following any request by Tenant. TenantLandlord, any sublessee or assignee or all of any portion of Tenant's interest under this Lease, will execute, acknowledge promptly to execute and deliver to LandlordLandlord an estoppel certificate, within fifteen (15i) days of Landlord's written request, a certificate certifying: i. certifying that this Lease is unmodified and in full force and effect (or, if there have been modificationsmodified, stating the nature of such modification and certifying that the Lease this Lease, as so modified, is in full force and effect, as modified, and (ii) stating the modifications); ii. date to which the datesrent and other charges are paid in advance, if any, (iii) acknowledging that there are not, to which RentTenant's knowledge, Additional Charges and other sums payable any uncured defaults on the part of Landlord hereunder have been paid; iii. no notice has been received by Tenant of any Default which has not been cured, except as otherwise specified in such certificate, or, if there is an are uncured Defaultdefaults, specifying the nature of such; such defaults and (iv. Landlord is not in default hereunder and no event which, 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 reasonably required by Landlord. A Tenant's failure to deliver an estoppel certificate within fifteen ten (1510) days after delivery of a Landlord's request therefor shall be a conclusive admission by Tenant that, as of the date of the request for such statement: , (wi) this Lease is unmodified except as may be represented by Landlord in said request and is in full force and effect, (xii) there are no uncured defaults in Landlord's performance, and (yiii) no rent has been paid more than thirty (30) days in advance; . At any time during the Lease Term 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 (z24) month period prior to the information regarding the status date of such most recent financial statement to any existing Lender or to any potential Lender or buyer of the LeaseProperty; provided, as represented however, that if Tenant is a corporation whose stock is publicly traded, Tenant may satisfy the foregoing requirement by Landlord delivering to the appropriate parties copies of its most recent annual report prepared to satisfy requirements of the federal securities laws. Such statements shall be prepared in said requestaccordance with generally accepted accounting principles and, if such is true and correct. Any such certificate may the normal practice of Tenant, shall be relied upon audited by any permitted prospective transferee, deed of trust beneficiary or mortgagee of Landlord's interest under this Leasean independent certified public accountant.

Estoppel Certificates and Financial Statements. a. Estoppel Certificate Each party agrees, following any request by Tenant. Tenantthe other party not more often than twice during any calendar year (except in connection with a prospective sale or financing), any sublessee or assignee or all of any portion of Tenant's interest under this Lease, will execute, acknowledge to execute and deliver to Landlord, the requesting party within fifteen ten (1510) days of Landlord's Business Days after written request, a request an estoppel certificate certifying: i. upon which the requesting party and others it reasonably designates may rely (a) certifying that this Lease is unmodified and in full force and effect (or, if there have been modifications, that the Lease is in full force and effect, as modified, and stating the modifications); ii. the dates, if any, to which Rent, Additional Charges and other sums payable hereunder have been paid; iii. no notice has been received by Tenant of any Default which has not been cured, except as otherwise specified in such certificate, or, if there is an uncured Defaultmodified, specifying stating the nature of such; iv. Landlord is not in default hereunder such modification and no event which, 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 fifteen (15) days after delivery of a request therefor shall be a conclusive admission thatthat this Lease, as of the date of the request for such statement: (w) this Lease is unmodified except as may be represented by Landlord in said request and so modified, is in full force and effect, (xb) stating the date to which the rent and other charges have been paid, including any rents or charges that have been paid in advance, (c) acknowledging that there are no not, to the requested party’s knowledge, any uncured defaults in Landlord's performanceon the part of the requesting party hereunder, (y) no rent has been paid more than thirty (30) days in advance; or if there are uncured defaults on the part of the requesting party, stating the nature of such uncured defaults and (zd) certifying such other information about this Lease as may be reasonably requested by the information regarding requesting party. In the status 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 such estoppel certificate during such ten (10)-business day period, and such other party has not cured such failure within ten (10) Business Days following the date of delivery of such notice, such other party's failure to execute any such estoppel certificate shall be a conclusive admission by Tenant or Landlord, as the case may be, that all matters so requested by the other party are true and accurate. At any time during the Lease Term (but no more frequently than once per calendar year (except in connection with a prospective sale or financing of the LeaseProperty by Landlord, as represented by 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) Business Days’ prior written notice from Landlord, provide Tenant's most recent financial statement and financial statements covering the twenty-four (24) 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 said connection with any prior year’s request) and any existing lender or to any potential lender or buyer of the Property, is true subject to customary confidentiality agreements reasonably satisfactory to Tenant. Such statements shall be prepared in accordance with Tenant’s standard accounting practices consistently applied, and correct. Any shall be audited by an independent certified public accountant but only in the event such certificate may be relied upon by any permitted prospective transferee, deed audited financials have already been prepared at the time of trust beneficiary or mortgagee of Landlord's interest under this Leasethe request.

Estoppel Certificates and Financial Statements. a. Estoppel Certificate (a) Delivery by Tenant. TenantTenant shall, any sublessee or assignee or all of any portion of Tenant's interest under this Leasewithin ten (10) business days following request by Landlord therefor and without charge, will execute, acknowledge execute and deliver to LandlordLandlord any and all documents, within fifteen estoppel certificates, and current financial statements of Tenant reasonably requested by Landlord in connection with the sale or financing of the Premises and/or real property comprising the Common Area, or requested by any lender making a loan affecting the Premises and/or real property comprising the Common Area. Landlord may require that Tenant in any estoppel certificate shall (15i) days of Landlord's written request, a certificate certifying: i. certify that this Lease is unmodified and in full force and effect (or, if there have been modificationsmodified, state the nature of such modification and certify that the Lease this Lease, as so modified, is in full force and effect) and has not been assigned, as modified, and stating (ii) certify the modifications); ii. the datesdate to which Rentals are paid in advance, if any, (iii) acknowledge that there are not, to which RentTenant's knowledge, Additional Charges and other sums payable hereunder have been paid; iii. no notice 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 and/or real property comprising the Common Area or a purchaser of the Premises and/or real property comprising the Common Area from Landlord, (v) warrant that in the event any beneficiary of any security instrument encumbering the Premises and/or real property comprising the Common Area forecloses on the security instrument or sells the Premises and/or real property comprising the Common Area pursuant to any power of sale contained in such security instrument, such beneficiary shall not be liable for the Security Deposit, unless the Security Deposit actually has been received by the beneficiary from Landlord, (vi) certify the date Tenant entered into occupancy of any Default which has not been curedthe Premises and that Tenant is conducting business at the Premises, except as otherwise specified in such certificate, or, if there is an uncured Default, specifying (vii) certify that all improvements to be constructed on the nature of such; iv. Landlord is not in default hereunder and no event which, with the passing of time, giving of notice, or both, would constitute a default Premises by Landlord hereunder; and v. certifying have been substantially completed except for punch list items which do not prevent Tenant from using the Premises for its intended use, and (viii) certify such other information about the status of matters relating to the Lease and the Leased and/or Premises as may be required reasonably requested by Landlord. A failure a lender making a loan to deliver an estoppel certificate within fifteen (15) days after delivery of Landlord or a request therefor shall be a conclusive admission that, as purchaser of the date of Premises and/or real property comprising the request for such statement: (w) this Lease is unmodified except as may be represented by Landlord in said request and is in full force and effect, (x) there are no uncured defaults in Common Area from Landlord's performance, (y) no rent has been paid more than thirty (30) days in advance; and (z) the information regarding the status of the Lease, as represented by Landlord in said request, is true and correct. Any such estoppel certificate may be conclusively relied upon by any permitted prospective transfereepurchaser or encumbrancer of the Premises and/or real property comprising the Common Area. Any financial statements of Tenant shall 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, deed or a reasonable substitute for the form of trust beneficiary or mortgagee of Landlord's interest under this Leasesuch financial information, all prepared in accordance with generally accepted accounting principles consistently applied.

Estoppel Certificates and Financial Statements. a. Estoppel Certificate (a) Delivery by Tenant. TenantTenant shall, any sublessee or assignee or all of any portion of Tenant's interest under this Leasewithin ten (10) business ------------------ days following request by Landlord therefor and without charge, will execute, acknowledge execute and deliver to LandlordLandlord any and all documents, within fifteen estoppel certificates and current financial statements of 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 shall (15i) days of Landlord's written request, a certificate certifying: i. certify that this Lease is unmodified and in full force and effect (or, if there have been modificationsmodified, state the nature of such modification and certify that the Lease this Lease, as so modified, is in full force and effect) and has not been assigned, as modified, and stating (ii) certify the modifications); ii. the datesdate to which Rentals are paid in advance, if any, (iii) acknowledge that there are not to which RentTenant's knowledge, Additional Charges and other sums payable hereunder have been paid; iii. no notice 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 beneficiary of any security instrument encumbering the Premises, Building or Land forecloses on the security instrument or sells the Premises, Building or Land pursuant to any power of sale contained in such security instrument, such beneficiary shall not be liable for the Security Deposit, unless the Security Deposit actually has been received by the beneficiary from Landlord, (vi) certify the date Tenant entered into occupancy of any Default which has not been curedthe Premises and that Tenant is conducting business at the Premises, except as otherwise specified in such certificate, or, if there is an uncured Default, specifying (vii) certify that all improvements to be constructed on the nature of such; iv. Landlord is not in default hereunder and no event which, with the passing of time, giving of notice, or both, would constitute a default Premises by Landlord hereunder; and v. certifying have been substantially completed except for punch list items which do not prevent Tenant from using the Premises for its intended use, and (viii) certify such other information about the status of matters relating to the Lease and the Leased and/or Premises as may be required reasonably requested by Landlord. A failure a lender making a loan to deliver an estoppel certificate within fifteen (15) days after delivery of Landlord or a request therefor shall be a conclusive admission that, as purchaser of the date of the request for such statement: (w) this Lease is unmodified except as may be represented by Landlord in said request and is in full force and effectPremises, (x) there are no uncured defaults in Building or Land from Landlord's performance, (y) no rent has been paid more than thirty (30) days in advance; and (z) the information regarding the status of the Lease, as represented by Landlord in said request, is true and correct. Any such estoppel certificate may be conclusively relied upon by any permitted prospective transfereepurchaser or encumbrancer of the Premises, deed Building or Land. Any financial statements of trust beneficiary Tenant shall 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 mortgagee a reasonable substitute for the form of Landlord's interest under this Leasesuch financial informa- tion, all prepared in accordance with generally accepted accounting principles consistently applied.

Estoppel Certificates and Financial Statements. a. Estoppel Certificate At all times during the Lease Term, Tenant agrees, following any request by Tenant. TenantLandlord, any sublessee or assignee or all of any portion of Tenant's interest under this Lease, will execute, acknowledge to promptly execute and deliver to LandlordLandlord an estoppel certificate, within fifteen (15i) days of Landlord's written request, a certificate certifying: i. certifying that this Lease is unmodified and in full force and effect (oreffect, or if there have been modificationsmodified, stating the nature of such modification and certifying that the Lease this Lease, as so modified, is in full force and effect, as modified, and (ii) stating the modifications); ii. date to which the datesrent and other charges are paid in advance, if any, (iii) acknowledging that there are not, to which RentTenant's knowledge, Additional Charges and other sums payable hereunder have been paid; iii. no notice has been received by Tenant any uncured defaults on the part of any Default which has not been curedLandlord hereunder, except as otherwise specified in such certificate, or, or if there is an are uncured Defaultdefaults, specifying the nature of such; and (iv. Landlord is not in default hereunder and no event which, 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 reasonably required by Landlord. A Tenant's failure to deliver an estoppel certificate within fifteen ten (1510) days after delivery of a Landlord's request therefor therefore shall be a conclusive admission by Tenant that, as of the date of the request for such statement: , (wi) this Lease is unmodified except as may be represented by Landlord in said request and is in full force and effect, (xii) there are no uncured defaults in Landlord's performance, and (yiii) no rent has been paid more than thirty (30) days in advance; . At any time during the Lease Term, 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 (z24) month period prior to the information regarding the status date of such most recent financial statement to any existing Lender or to any potential Lender or buyer of the LeaseProperty. Such statements shall be prepared in accordance with generally accepted accounting principles and, as represented if such is the normal practice of Tenant shall be audited by Landlord in said request, is true and correct. Any such certificate may be relied upon by any permitted prospective transferee, deed of trust beneficiary or mortgagee of Landlord's interest under this Leasean independent certified public accountant.

Estoppel Certificates and Financial Statements. a. Estoppel Certificate by Tenant. Tenant, any sublessee or assignee or all of any portion of Tenant's interest under this Lease, will execute, acknowledge and deliver to LandlordEach party agrees, within fifteen (15) days of Landlord's written requestfollowing request by the other party, a certificate certifying: i. to execute and deliver an estoppel certificate: (i) certifying that this Lease is unmodified and in full force and effect (or, if there have been modificationsmodified, stating the nature of such modification and certifying that the Lease this Lease, as so modified, is in full force and effect, as modified, and ; (ii) stating the modifications); ii. date to which the datesRent and other charges are paid in advance, if any, (iii) acknowledging that there are not, to which Rentthe certifying party's knowledge, Additional Charges and other sums payable hereunder have been paid; iii. no notice has been received by Tenant any uncured defaults on the part of any Default which has not been cured, except as otherwise specified in such certificate, party hereunder or, if there is an are uncured Defaultdefaults, specifying the nature of such; such defaults; and (iv. Landlord is not in default hereunder and no event which, 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 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. A failure In the event Tenant fails to deliver an estoppel certificate within fifteen (15) days after delivery of a request therefor 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 five (5) days after Landlord's request shall be a conclusive admission that, as of the date of the request for such statement: (wa) 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, (xb) there are no uncured defaults in Landlordthe requesting party's performance, and (yc) no rent has been paid more than thirty (30) days in advance; and (z) the information regarding the status of the Lease, as represented by Landlord in said request, is true and correct. Any such certificate may be relied upon by any permitted prospective transferee, deed of trust beneficiary or mortgagee of Landlord's interest under this Lease.

Estoppel Certificates and Financial Statements. a. Estoppel Certificate Either party agrees, following any request by Tenant. Tenantthe other party, any sublessee or assignee or all of any portion of Tenant's interest under this Lease, will execute, acknowledge to promptly (and in no event greater than twenty (20) calendar days) execute and deliver to Landlord, within fifteen the requesting party an estoppel certificate upon which the requesting party and others it designates may rely (15a) days of Landlord's written request, a certificate certifying: i. certifying that this Lease is unmodified and in full force and effect (effect, or, if there have been modificationsmodified, stating the nature of such modification and certifying that the Lease this Lease, as so modified, is in full force and effect, as modified, and (b) stating the modifications); ii. date to which the datesrent and other charges are paid in advance, if any, (c) acknowledging that there are not, to which Rentthe responding party’s knowledge, Additional Charges and other sums payable hereunder have been paid; iii. no notice has been received by Tenant any uncured defaults on the part of any Default which has not been curedthe requesting party hereunder, except as otherwise specified in such certificate, or, or if there is an are uncured Defaultdefaults on the part of the requesting party, specifying stating the nature of such; iv. Landlord is not in default hereunder such uncured defaults and no event which, with the passing of time, giving of notice, or both, would constitute a default by Landlord hereunder; and v. (d) certifying such other information about the status of the this Lease and the Leased Premises as may be reasonably required by Landlordthe requesting party. A the responding party’s failure to deliver an estoppel certificate within fifteen twenty (1520) days after delivery of a the requesting party’s request therefor shall be a conclusive admission by the responding party that, as of the date of the request for such statement: , (wa) this Lease is unmodified except as may be represented by Landlord the requesting party in said request and is in full force and effect, (xb) there are no uncured defaults in Landlord's the requesting party’s performance, and (yc) no rent has been paid more than thirty (30) days in advance; . At any time during the Lease Term, 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 (z24) months prior to the information regarding the status date of such most recent financial statement to any existing Lender or to any potential Lender or buyer of the LeaseProperty; provided, however, the foregoing shall not apply to any Tenant that is a public company inasmuch as represented its financial statements are publicly available. Such statements shall be prepared in accordance with generally accepted accounting principles and, if such is the normal practice of Tenant, shall be audited by Landlord in said request, is true and correct. Any such certificate may be relied upon by any permitted prospective transferee, deed of trust beneficiary or mortgagee of Landlord's interest under this Leasean independent certified public accountant.

Estoppel Certificates and Financial Statements. a. Estoppel Certificate by Tenant. TenantTenant shall, any sublessee or assignee or all of any portion of Tenant's interest under this Leasefrom time to time, will executewithin ten (10) business days after Landlord’s request therefor, acknowledge and deliver to Landlord, within fifteen (15) days of Landlord's written request, Landlord a certificate certifying: i. statement certifying that this Lease is unmodified and in full force and effect (or, if there have been modifications, that the Lease is in full force and effect, as that this Lease is unmodified, or if modified, and stating any such modifications, that there are no defenses or offsets to the modifications); ii. the datesLease by Tenant, if anyor stating such defenses or offsets as are claimed by Tenant, to which Rent, Additional Charges and other sums payable hereunder have been paid; iii. no notice has been received by Tenant of any Default which has not been cured, except as otherwise specified in such certificate, or, if there is an uncured Default, specifying the nature of such; iv. that Landlord is not in default hereunder and no event which, with the passing of time, giving of notice, or both, would constitute a default specifying any defaults by Landlord hereunder; and v. certifying such other that Tenant alleges, and specifying the date to which rent has been paid, and specifying any further information about this Lease or the status of the Lease and the Leased Premises as that Landlord may be required by Landlordreasonably request. A Tenant’s failure to deliver an estoppel such certificate within fifteen (15) days after delivery of a request therefor such time shall be a conclusive admission that, an Event of Tenant’s Default. Tenant agrees that such certificates may be relied upon by prospective purchasers or Lenders of the Building or the Project. Tenant represents and warrants that all financial statements and information provided to Landlord prior to execution of this Lease or in connection with obtaining any consent are true and correct and accurately reflect the financial condition of the person covered by such statements as of the date of such statements and that no material adverse change has occurred since such date. Within ten (10) days after written request therefor, Tenant shall deliver to Landlord a copy of the financial statements of Tenant for each of the three most recently completed years, prepared in accordance with generally accepted accounting principles (and, if such is Tenant’s normal practice, audited by an independent certified public accountant), all then available subsequent interim statements, and such other financial information as may reasonably be requested by Landlord or required by any Lender. Landlord shall, from time to time, within ten (10) days after Tenant’s request for such statement: (w) therefor, deliver to Tenant a statement certifying that this Lease is unmodified except as may be represented by Landlord in said request and is in full force and effect, (x) that this Lease is unmodified, or if modified, stating any such modifications, that there are no uncured defenses or offsets to the Lease by Landlord, or stating such defenses or offsets as are claimed by Landlord, that Tenant is not in default hereunder or specifying any defaults in Landlord's performanceby Tenant that Landlord alleges, (y) no and specifying the date to which rent has been paid more than thirty (30) days in advance; paid, and (z) specifying any further information about this Lease or the information regarding the status of the Lease, as represented by Landlord in said Premises that Tenant may reasonably request, is true and correct. Any such certificate may be relied upon by any permitted prospective transferee, deed of trust beneficiary or mortgagee of Landlord's interest under this Lease.

Estoppel Certificates and Financial Statements. a. Estoppel Certificate by Tenant. TenantTenant shall, any sublessee or assignee or all from time to time, upon the written request of any portion of Tenant's interest under this LeaseLandlord, will execute, acknowledge and deliver to Landlord, within fifteen Landlord or its designee a written statement stating: (15a) days of Landlord's written request, a certificate certifying: i. the date this Lease is unmodified was executed and in full force the date it expires; (b) the date Tenant entered into occupancy of the Premises; (c) the amount of monthly Base Rent and effect (or, if there Additional Rent and the date to which such Base Rent and Additional Rent have been modifications, paid; and (d) certifying that the (1) this Lease is in full force and effect, as modified, effect and stating the modifications); ii. the dates, if any, to which Rent, Additional Charges and other sums payable hereunder have been paid; iii. no notice has been received by Tenant of any Default which has not been curedassigned, except as otherwise specified modified, supplemented or amended in such certificate, or, if there is an uncured Default, any way (or specifying the nature date of such; iv. the agreement so affecting this Lease); (2) Landlord is not in default hereunder breach of this Lease (or, if so, a description of each such breach) and that no event whichevent, omission or condition has occurred which would result, with the passing giving of notice or the passage of time, giving in a breach of notice, or both, would constitute a default 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 hereunderto Tenant on account of Tenant improvements have been received; 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 fifteen (155) days after delivery of a request therefor shall be a conclusive admission that, as of on the date of execution, there exist no defenses or offsets which the request for such statement: (w) Tenant has against the enforcement of this Lease is unmodified except as may be represented by Landlord in said request and is in full force and effect, the Landlord; (x) there are no uncured defaults in Landlord's performance, (y6) no rent 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 paid more than thirty deposited with Landlord (30) days in advanceor, if so, the amount of such security); and (z) the information regarding the status of the Lease, as represented by Landlord in said request, 8) it is true and correct. Any such certificate intended that any Tenant’s statement may be relied upon by any permitted a prospective transferee, deed of trust beneficiary purchaser or mortgagee of Landlord's ’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 of its receipt of a written request by Landlord as provided in this Section 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, upon the written request 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 (or by the chief financial officer of Tenant if Tenant does not obtain financial statements certified by a certified public accountant) and prepared in conformance with generally accepted accounting principles for (i) Tenant, (ii) any successor entity to Tenant by merger or operation of law, and (iii) any guarantor of this Lease. Landlord will not disclose any aspect of Tenant’s financial statements except (1) to Landlord’s mortgagee or prospective mortgagees or purchasers of the Building, (2) in litigation between Landlord and Tenant, and/or (3) if required by court order. Tenant shall not be required to deliver the financial statements required under this LeaseSection 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 Event of Default occurs.

Estoppel Certificates and Financial Statements. a. Estoppel Certificate At all times during the Lease Term, Tenant agrees, following any request by Tenant. TenantLandlord, any sublessee or assignee or all of any portion of Tenant's interest under this Lease, will execute, acknowledge to execute and deliver to Landlord, Landlord within fifteen ten (1510) days following delivery of Landlord's written request, a certificate certifying: i. such request an estoppel certificate: (i) certifying that this Lease is unmodified and in full force and effect (or, if there have been modificationsmodified, stating the nature of such modification and certifying that the Lease this Lease, as so modified, is in full force and effect, as modified, and (ii) stating the modifications); ii. date to which the datesRent and other charges are paid in advance, if any, to which Rent, Additional Charges and other sums payable hereunder have been paid; (iii. no notice has been received by Tenant ) acknowledging that there are not any uncured defaults on the part of any Default which has not been cured, except as otherwise specified in such certificate, party hereunder or, if there is an are uncured Defaultdefaults, specifying the nature of such; such defaults, and (iv. Landlord is not in default hereunder and no event which, 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 fifteen ten (1510) days after delivery of a request therefor shall be a conclusive admission that, as of the date of the request for such statement: (wi) this Lease is unmodified except as may be represented by Landlord in said request and is in full force and effect, (xii) there are no uncured defaults in Landlord's ’s performance, (yiii) no rent has been paid more than thirty (30) days in advance; , and (ziv) the information regarding the status of the this Lease, as represented by Landlord in said request, is true and correct. Any At any time during the Lease Term 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 certificate may most recent financial statement to any existing Lender or to any potential Lender or buyer of the Premises. Such statements shall be relied upon prepared in accordance with generally accepted accounting principles and shall be certified by any permitted prospective transfereeTenant’s chief financial officer as true and correct in all material respects or, deed if such is the normal practice of trust beneficiary or mortgagee of Landlord's interest under this LeaseTenant, shall be audited by an independent certified public accountant.

Estoppel Certificates and Financial Statements. a. Estoppel Certificate (a) Delivery by Tenant. TenantTenant shall, any sublessee or assignee or all of any portion of Tenant's interest under this Leasewithin ten (10) business days following request by Landlord therefor and without charge, will execute, acknowledge execute and deliver to LandlordLandlord any and all documents, within fifteen estoppel certificates, and current financial statements of 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 shall (15i) days of Landlord's written request, a certificate certifying: i. certify that this Lease is unmodified and in full force and effect (or, if there have been modificationsmodified, state the nature of such modification and certify that the Lease this Lease, as so modified, is in full force and effect) and has not been assigned, as modified, and stating (ii) certify the modifications); ii. the datesdate to which Rentals are paid in advance, if any, (iii) acknowledge that there are not, to which RentTenant's knowledge, Additional Charges and other sums payable hereunder have been paid; iii. no notice 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 beneficiary of any security instrument encumbering the Premises, Building or Land forecloses on the security instrument or sells the Premises, Building or Land pursuant to any power of sale contained in such security instrument, such beneficiary shall not be liable for the Security Deposit, unless the Security Deposit actually has been received by the beneficiary from Landlord, (vi) certify the date Tenant entered into occupancy of any Default which has not been curedthe Premises and that Tenant is conducting business at the Premises, except as otherwise specified in such certificate, or, if there is an uncured Default, specifying (vii) certify that all improvements to be constructed on the nature of such; iv. Landlord is not in default hereunder and no event which, with the passing of time, giving of notice, or both, would constitute a default Premises by Landlord hereunder; and v. certifying have been substantially completed except for punch list items which do not prevent Tenant from using the Premises for its intended use, and (viii) certify such other information about the status of matters relating to the Lease and the Leased and/or Premises as may be required reasonably requested by Landlord. A failure a lender making a loan to deliver an estoppel certificate within fifteen (15) days after delivery of Landlord or a request therefor shall be a conclusive admission that, as purchaser of the date of the request for such statement: (w) this Lease is unmodified except as may be represented by Landlord in said request and is in full force and effectPremises, (x) there are no uncured defaults in Building or Land from Landlord's performance, (y) no rent has been paid more than thirty (30) days in advance; and (z) the information regarding the status of the Lease, as represented by Landlord in said request, is true and correct. Any such estoppel certificate may be conclusively relied upon by any permitted prospective transfereepurchaser or encumbrancer of the Premises, deed Building or Land. Any financial statements of trust beneficiary Tenant shall 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 mortgagee a reasonable substitute for the form of Landlord's interest under this Leasesuch financial information, all prepared in accordance with generally accepted accounting principles consistently applied.

Estoppel Certificates and Financial Statements. a. Estoppel Certificate (a) Delivery by Tenant. Tenant, any sublessee or assignee or all of any portion of Tenant's interest under this Lease, will execute, acknowledge and deliver to LandlordTenant shall, within fifteen (15) days following request by Landlord therefor and without charge, execute and deliver to Landlord any and all documents, estoppel certificates, and current financial statements of Landlord's written requestTenant 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 certifying: i. shall (i) certify that this Lease is unmodified and in full force and effect (or, if there have been modificationsmodified, state the nature of such modification and certify that the Lease this Lease, as so modified, is in full force and effect) and has not been assigned, as modified, and stating (ii) certify the modifications); ii. the datesdate to which Rentals are paid in advance, if any, (iii) acknowledge that there are not, to which RentTenant’s knowledge, Additional Charges and other sums payable hereunder have been paid; iii. no notice 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 beneficiary of any security instrument encumbering the Premises, Building or Land forecloses on the security instrument or sells the Premises, Building or Land pursuant to any power of sale contained in such security instrument, such beneficiary shall not be liable for the Security Deposit, unless the Security Deposit actually has been received by the beneficiary from Landlord, (vi) certify the date Tenant entered into occupancy of any Default which has not been curedthe Premises and that Tenant is conducting business at the Premises, except as otherwise specified in such certificate, or, if there is an uncured Default, specifying (vii) certify that all improvements to be constructed on the nature of such; iv. Landlord is not in default hereunder and no event which, with the passing of time, giving of notice, or both, would constitute a default Premises by Landlord hereunder; and v. certifying have been substantially completed except for punch list items which do not prevent Tenant from using the Premises for its intended use, and (viii) certify such other information about the status of matters relating to the Lease and the Leased and/or Premises as may be required reasonably requested by Landlord. A failure a lender making a loan to deliver an estoppel certificate within fifteen (15) days after delivery of Landlord or a request therefor shall be a conclusive admission that, as purchaser of the date of the request for such statement: (w) this Lease is unmodified except as may be represented by Landlord in said request and is in full force and effectPremises, (x) there are no uncured defaults in Building or Land from Landlord's performance, (y) no rent has been paid more than thirty (30) days in advance; and (z) the information regarding the status of the Lease, as represented by Landlord in said request, is true and correct. Any such estoppel certificate may be conclusively relied upon by any permitted prospective transfereepurchaser or encumbrancer of the Premises, deed of trust beneficiary Building or mortgagee of Landlord's interest under this LeaseLand.

Estoppel Certificates and Financial Statements. a. Estoppel Certificate (a) DELIVERY BY TENANT. Tenant shall, within ten (10) business days following request by Tenant. TenantLandlord therefor and without charge, any sublessee or assignee or all of any portion of Tenant's interest under this Lease, will execute, acknowledge execute and deliver to LandlordLandlord any and all documents, within fifteen estoppel certificates, and current financial statements of Tenant requested by Landlord in connection with the sale or financing of the Premises, or requested by any lender making a loan affecting the Premises and/or real property. Landlord may require that Tenant in any estoppel certificate shall (15i) days of Landlord's written request, a certificate certifying: i. certify that this Lease is unmodified and in full force and effect (or, if modified, state the nature of such modification and certify that this Lease, as so modified, is in full force and effect) and has not been assigned, (ii) certify the date to which Rentals are paid in advance, if any, (iii) 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 and/or real property or a purchaser of the Premises from Landlord, (v) warrant that in the event any beneficiary of any security instrument encumbering the Premises and/or real property forecloses on the security instrument or sells the Premises pursuant to any power of sale contained in such security instrument, such beneficiary shall not be liable for the Security Deposit unless received by such beneficiary, (vi) certify the date Tenant entered into occupancy of the 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 modificationssubstantially completed except for punch list items which do not prevent Tenant from using the Premises for its intended use, and (viii) certify such other matters relating to the Lease and/or Premises as may be reasonably requested by a lender making a loan to Landlord or a purchaser of the Premises from Landlord. Any such estoppel certificate may be conclusively relied upon by any prospective purchaser or encumbrancer of the Premises. Any financial statements of Tenant shall 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, all prepared in accordance with generally accepted accounting principles consistently applied. All such financial statements shall be kept confidential. (b) NONDELIVERY BY TENANT. Tenant's failure to deliver an estoppel certificate as required pursuant to Paragraph 20.5(a) above shall be conclusive upon Tenant that the (i) this Lease is in full force and effect, as modified, and stating the modifications); ii. the dates, if any, to which Rent, Additional Charges and other sums payable hereunder have been paid; iii. no notice has been received by Tenant of any Default which has not been cured, except as otherwise specified in such certificate, or, if there is an uncured Default, specifying the nature of such; iv. Landlord is not in default hereunder and no event which, 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 fifteen (15) days after delivery of a request therefor shall be a conclusive admission that, as of the date of the request for such statement: (w) this Lease is unmodified without modification except as may be represented by Landlord in said request and is in full force and effecthas not been assigned, (xii) there are now no uncured defaults in Landlord's performance, (yiii) no rent has Rentals have been paid more than thirty in advance except those that are set forth in this Lease, (30iv) days no beneficiary of any security instrument encumbering the Premises shall be liable for the Security Deposit in advance; the event of a foreclosure or sale under such security instrument unless received by such beneficiary, (v) the 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 (zvi) the information regarding the status Tenant has entered into occupancy of the Lease, Premises on such date as may be represented by Landlord in said requestand is open and conducting business at the Premises. Tenant's failure to deliver any financial statements, is true and correct. Any such certificate may estoppel certificates or other documents as required pursuant to Paragraph 20.5(a) above shall be relied upon a Default by any permitted prospective transferee, deed of trust beneficiary or mortgagee of Landlord's interest under this LeaseTenant.

Estoppel Certificates and Financial Statements. a. Estoppel Certificate Tenant shall within ten (10) days following request by Tenant. Tenant, any sublessee or assignee or all of any portion of Tenant's interest under this Lease, will execute, acknowledge Landlord: (a) execute and deliver to LandlordLandlord any documents, within fifteen including estoppel certificates, (151) days of Landlord's written request, a certificate certifying: i. certifying that this Lease has not been modified and is unmodified and in full force and effect (or, if there have been modifications, that the Lease is in full force and effect, as modified, and stating the modifications); ii. the dates, if any, to which Rent, Additional Charges and other sums payable hereunder have been paid; iii. no notice has been received by Tenant of any Default which has not been cured, except as otherwise specified in such certificate, or, if there is an uncured Default, specifying the nature of such; iv. Landlord is not in default hereunder such modification and no event which, 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 fifteen (15) days after delivery of a request therefor shall be a conclusive admission thatthat this Lease, as of the date of the request for such statement: (w) this Lease is unmodified except as may be represented by Landlord in said request and so modified, is in full force and effect, (x2) stating the date to which the rent and other charges are paid in advance, if at all, (3) acknowledging that there are no not, to Tenant's knowledge, any uncured defaults in on the part of Landlord hereunder, or if there are uncured defaults on the part of Landlord's performance, stating the nature of such uncured defaults, and (y4) no rent has been paid more than thirty (30) days in advanceevidencing 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 encumbering the premises or a purchaser of the premises from Landlord; and (zb) deliver to Landlord the information regarding current financial statements of Tenant with an opinion of a certified /s/ illegible /s/ MAB ------------- ------- Landlord 23 Tenant public accountant, if available, including a balance sheet and profit and loss statement for the status then current fiscal year, and the two (2) immediately prior fiscal years (if available), all prepared in accordance with generally accepted accounting principles 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 an Event of the Lease, as represented by Landlord in said request, is true and correct. Any such certificate may be relied upon by any permitted prospective transferee, deed of trust beneficiary or mortgagee of Landlord's interest Default under this Lease.

Estoppel Certificates and Financial Statements. a. Estoppel Certificate by Tenant. TenantTenant shall, any sublessee or assignee or all from time to time, upon the written request of any portion of Tenant's interest under this LeaseLandlord, will execute, acknowledge and deliver to Landlord, within fifteen Landlord or its designee a written statement stating (15if such is the case): (a) days of Landlord's written request, a certificate certifying: i. the date this Lease is unmodified was executed and in full force the date it expires; (b) the date Tenant entered into occupancy of the Premises; (c) the amount of monthly Base Rent and effect (or, if there Additional Rent and the date to which such Base Rent and Additional Rent have been modifications, paid; and (d) certifying that the (1) this Lease is in full force and effect, as modified, effect and stating the modifications); ii. the dates, if any, to which Rent, Additional Charges and other sums payable hereunder have been paid; iii. no notice has been received by Tenant of any Default which has not been curedassigned, except as otherwise specified modified, supplemented or amended in such certificate, or, if there is an uncured Default, any way (or specifying the nature date of such; iv. the agreement so affecting this Lease); (2) Landlord is not in default hereunder breach of this Lease (or, if so, a description of each such breach) and that (if such is the case) no event whichevent, omission or condition has occurred which would result, with the passing giving of notice or the passage of time, giving in a breach of notice, or both, would constitute a default 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 hereunderto Tenant on account of Tenant Improvements have been received; 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 fifteen (155) days after delivery of a request therefor shall be a conclusive admission that, as of on the date of execution, there exist no defenses or offsets which the request for such statement: (w) Tenant has against the enforcement of this Lease is unmodified except as may be represented by Landlord in said request and is in full force and effect, the Landlord; (x) there are no uncured defaults in Landlord's performance, (y6) no rent 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 paid more than thirty deposited with Landlord (30) days in advanceor, if so, the amount of such security); and (z) the information regarding the status of the Lease, as represented by Landlord in said request, 8) it is true and correct. Any such certificate intended that any Tenant’s statement may be relied upon by any permitted a prospective transferee, deed of trust beneficiary purchaser or mortgagee of Landlord's ’s interest under 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) Business Days of its receipt of a written request by Landlord as provided in this paragraph, 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, not more than once per calendar year, upon the written request of Landlord, deliver to or cause to be delivered to Landlord or its designee the most recent financial statements (including a statement of operations and balance sheet) certified as accurate by a certified public accountant and prepared in conformance with generally accepted accounting principles 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, (any successor entity to Tenant by merger or operation of law, and (v) any guarantor of this Lease.

Estoppel Certificates and Financial Statements. a. Estoppel Certificate by Tenant. TenantTenant shall, any sublessee or assignee or all from time to time, upon the written request of any portion of Tenant's interest under this LeaseLandlord, will execute, acknowledge and deliver to Landlord, within fifteen Landlord or its designee a written statement stating: (151) days of Landlord's written request, a certificate certifying: i. the date this Lease is unmodified was executed and in full force the date it expires; (2) the date Tenant entered into occupancy of the Premises and effect the Commencement Date; (or, if there 3) the amount of monthly Base Rent and Additional Rent and the date to which such Base Rent and Additional Rent have been modifications, paid; and (4) certifying that the (a) this Lease is in full force and effect, as modified, effect and stating the modifications); ii. the dates, if any, to which Rent, Additional Charges and other sums payable hereunder have been paid; iii. no notice has been received by Tenant of any Default which has not been curedassigned, except as otherwise specified modified, supplemented or amended in such certificate, or, if there is an uncured Default, any way (or specifying the nature date of such; iv. the agreement so affecting this Lease); (b) to the best of its knowledge, after due inquiry, Landlord is not in default hereunder breach of this Lease (or, if so, a description of each such breach) and that no event whichevent, omission or condition has occurred which would result, with the passing giving of notice or the passage of time, giving in a breach of notice, or both, would constitute a default 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 hereunderto Tenant on account of Tenant Improvements have been received; 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 fifteen (15e) days after delivery of a request therefor shall be a conclusive admission that, as of on the date of execution, to the request for such statement: (w) best of Tenant’s knowledge, after due inquiry, there exist no defenses or offsets which the Tenant has against the enforcement of this Lease is unmodified 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 as may be represented 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 in said request and or any purchaser, proposed purchaser and/or mortgagee or prospective mortgagee. It is in full force and effect, (x) there are no uncured defaults in Landlord's performance, (y) no rent has been paid more than thirty (30) days in advance; and (z) the information regarding the status of the Lease, as represented by Landlord in said request, is true and correct. Any such certificate intended that any Tenant’s statement may be relied upon by any permitted a prospective transferee, deed of trust beneficiary purchaser or mortgagee of Landlord's ’s interest under or an assignee of any such mortgagee. If Tenant fails to respond within twenty (20) Business Days of its receipt of a written request by Landlord as provided in this Lease.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, 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 accurate by a certified public accountant (or, if Tenant does not otherwise obtain audited financial statements, certified by the chief financial officer of Tenant) and prepared in conformance with generally accepted accounting principles 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, and (iv) any successor entity to Tenant by merger or operation of law. Provided, however, in the event that the then current Landlord and Tenant are not parties to an existing confidentiality or non-disclosure agreement, as a condition to receipt of Tenant’s financial statements Tenant may require that Landlord execute a non-disclosure agreement substantially similar to the form attached hereto as Exhibit H.

Estoppel Certificates and Financial Statements. a. Estoppel Certificate Tenant shall within ten (10) days following written request by Tenant. Tenant, any sublessee or assignee or all of any portion of Tenant's interest under this Lease, will execute, acknowledge Landlord: (i) Execute and deliver to LandlordLandlord any documents, within fifteen including estoppel certificates, in the form prepared by Landlord (15a) days of Landlord's written request, a certificate certifying: 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 and the date to which the Rent and other charges are paid in advance, if any, and (b) acknowledging that there are not, to Tenant's knowledge, any uncured defaults on the part of Landlord, or, if there have been modificationsare uncured defaults on the part of the Landlord, stating the nature of such uncured defaults, and (c) evidencing the status of the Lease as may be required either by a lender making a loan to Landlord to be secured by deed of trust or mortgage covering the Building or the Property or a purchaser of the Building or the Property from Landlord. Tenant's failure to deliver an estoppel certificate within seven (7) days after delivery of Landlord's written request therefor shall be conclusive upon Tenant (a) that the this Lease is in full force and effect, as modified, and stating the modifications); ii. the dates, if any, to which Rent, Additional Charges and other sums payable hereunder have been paid; iii. no notice has been received by Tenant of any Default which has not been cured, except as otherwise specified in such certificate, or, if there is an uncured Default, specifying the nature of such; iv. Landlord is not in default hereunder and no event which, 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 fifteen (15) days after delivery of a request therefor shall be a conclusive admission that, as of the date of the request for such statement: (w) this Lease is unmodified without modification except as may be represented by Landlord in said request and is in full force and effectLandlord, (xb) that there are now no uncured defaults in Landlord's performance, performance and (yc) that no rent Rent has been paid in advance. Tenant shall have no obligation to provide an estoppel certificate or financial statements more than thirty (30) days twice in advance; any calendar year and (z) the information regarding estoppel certificate shall not materially adversely affect the status rights and obligations of Tenant under the Lease, . If Tenant fails to so deliver a requested estoppel certificate within the prescribed time it shall be conclusively presumed that this Lease is unmodified and in full force and effect except as represented by Landlord. (ii) Deliver to Landlord the current financial statements of Tenant, and financial statements of the two (2) years prior to the current financial statements year, certified as correct by an officer of Tenant, including a balance sheet and profit and loss statement for the most recent prior year, all prepared in said request, is true and correctaccordance with generally accepted accounting principles consistently applied. Any such certificate may be relied upon by Tenant shall have no obligation to deliver financial statements more than twice in any permitted prospective transferee, deed of trust beneficiary or mortgagee of Landlord's interest under this Leasecalendar year.

Estoppel Certificates and Financial Statements. a. Estoppel Certificate by Tenant. TenantAt all times during ---------------------------------------------- the Lease Term, any sublessee or assignee or all of any portion of Tenant's interest under this Lease, will execute, acknowledge and deliver to LandlordTenant agrees, within fifteen (15) days of after any request by Landlord's written request, a certificate certifying: i. promptly to execute and deliver to Landlord an estoppel certificate, (i) certifying that this Lease is unmodified and in full force and effect (oreffect, or if there have been modificationsmodified, stating the nature of such modification and certifying that the Lease this Lease, as so modified, is in full force and effect, as modified, and (ii) stating the modifications); ii. date to which the datesrent and other charges are paid in advance, if any, (iii) acknowledging that there are not, to which RentTenant's knowledge, Additional Charges and other sums payable hereunder have been paid; iii. no notice has been received by Tenant any uncured defaults on the part of any Default which has not been curedLandlord hereunder, except as otherwise specified in such certificate, or, or if there is an are uncured Defaultdefaults, specifying stating the nature of such; such uncured defaults, and (iv. Landlord is not in default hereunder and no event which, 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 reasonably required by Landlord. A Tenant's failure to deliver an estoppel certificate within fifteen (15) days after delivery of a Landlord's request therefor therefore shall be a conclusive admission by Tenant that, as of the date of the request for such statement: , (wi) this Lease is unmodified except as may be represented by Landlord in said request and is in full force and effect, (xii) there are no uncured defaults in Landlord's performance, and (yiii) no rent has been paid more than thirty (30) days in advance; . At any time during the Lease Term, Tenant shall, upon fifteen (15) days' prior written notice from Landlord, provide Tenant's most recent publicly filed financial statement and publicly filed financial statements covering the twenty-four (z24) month period prior to the information regarding the status date of the Lease, as represented by Landlord in said request, is true and correct. Any such certificate may be relied upon by most recent publicly filed financial statement to any permitted prospective transferee, deed of trust beneficiary existing Lender or mortgagee to any potential Lender or buyer of Landlord's interest under this Leasein the Premises. Such statements shall be prepared in accordance with generally accepted accounting principles and, if such is the normal practice of Tenant, shall be audited by an independent certified public accountant.

Estoppel Certificates and Financial Statements. a. Estoppel Certificate by Tenant. Tenant, Tenant shall at any sublessee or assignee or all of any portion of Tenant's interest under this Lease, will time upon fifteen (15) days prior written notice from the Landlord execute, acknowledge and deliver to Landlord, within fifteen Landlord and any lender of Landlord or prospective purchaser of the Building a statement in writing (15i) days of Landlord's written request, a certificate certifying: 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) and the date to which the rent and other charges are paid in advance, if any, (ii) acknowledging that there have been modificationsare not, to Tenant’s knowledge, any uncured defaults on the part of Landlord, or specifying such defaults if any are claimed; and (iii) confirming such other factual information regarding the status of this Lease as may be reasonably requested. Any such statement may be conclusively relied upon by any prospective purchaser or encumbrancer of the Premises. Failure to deliver such statement within such time shall be conclusive upon such party that the (i) this Lease is in full force and effect, as modified, and stating the modifications); ii. the dates, if any, to which Rent, Additional Charges and other sums payable hereunder have been paid; iii. no notice has been received by Tenant of any Default which has not been cured, except as otherwise specified in such certificate, or, if there is an uncured Default, specifying the nature of such; iv. Landlord is not in default hereunder and no event which, 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 fifteen (15) days after delivery of a request therefor shall be a conclusive admission that, as of the date of the request for such statement: (w) this Lease is unmodified without modification except as may be represented by Landlord in said request and is in full force and effectthe requesting party, (xii) there are no uncured defaults in Landlord's the requesting party’s performance, and (yiii) 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 (z) time per year during the information regarding the status Term of the 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. Any such certificate may shall be relied upon by any permitted prospective transferee, deed used only for purposes of trust beneficiary evaluating the financing or mortgagee purchasing of Landlord's interest under this Leasethe Building.

Estoppel Certificates and Financial Statements. a. Estoppel Certificate by Tenant. TenantTenant shall, any sublessee or assignee or all from time to time, upon the written request of any portion of Tenant's interest under this LeaseLandlord, will execute, acknowledge and deliver to Landlord, within fifteen Landlord or its designee a written statement stating: (15a) days of Landlord's written request, a certificate certifying: i. the date this Lease is unmodified was executed and in full force the date it expires; (b) the date Tenant entered into occupancy of the Premises; (c) the amount of monthly Base Rent and effect (or, if there Additional Rent and the date to which such Base Rent and Additional Rent have been modifications, paid; and (d) certifying that the (1) this Lease is in full force and effect, as modified, effect and stating the modifications); ii. the dates, if any, to which Rent, Additional Charges and other sums payable hereunder have been paid; iii. no notice has been received by Tenant of any Default which has not been curedassigned, except as otherwise specified modified, supplemented or amended in such certificate, or, if there is an uncured Default, any way (or specifying the nature date of such; iv. the agreement so affecting this Lease); (2) Landlord is not in default hereunder breach of this Lease (or, if so, a description of each such breach) and that no event whichevent, omission or condition has occurred which would result, with the passing giving of notice or the passage of time, giving in a breach of notice, or both, would constitute a default this Lease by Landlord hereunder(or, if so, providing a description); and v. certifying such other information about (3) this Lease represents the status entire agreement between the parties with respect to the Premises; (4) all required contributions by Landlord to Tenant on account of the Lease and the Leased Premises as may be required by Landlord. A failure to deliver an estoppel certificate within fifteen Tenant Improvements have been received (15or describing any that have not been received); (5) days after delivery of a request therefor shall be a conclusive admission that, as of on the date of execution, there exist no defenses or offsets which the request for such statement: (w) Tenant has against the enforcement of this Lease is unmodified except as may be represented by the Landlord in said request and is in full force and effect, (x) there are no uncured defaults in Landlord's performance, or describing any such defenses or offsets); (y6) no rent 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 paid more than thirty deposited with Landlord (30) days in advanceor, if so, the amount of such security); and (z) the information regarding the status of the Lease, as represented by Landlord in said request, 8) it is true and correct. Any such certificate intended that any Tenant's statement may be relied upon by any permitted a prospective transferee, deed of trust beneficiary purchaser or mortgagee of Landlord's interest under 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) Business Days of its receipt of a written request by Landlord as provided in this paragraph, such shall be a breach of this Lease.. In addition, Tenant shall, from time to time, upon the written request of Landlord, deliver to or cause to be delivered to Landlord or its designee unaudited financial statements (including a statement of operations and balance sheet and statement of cash flows) for the fiscal period most recently completed for which such statements are available (but in no event more than two quarters in arrears) and prepared in conformance with generally accepted accounting principles for (i) Tenant,

Estoppel Certificates and Financial Statements. a. Estoppel Certificate At all times during the Lease Term, Tenant agrees, following any request by Tenant. TenantLandlord, any sublessee or assignee or all of any portion of Tenant's interest under this Lease, will execute, acknowledge to execute and deliver to Landlord, Landlord within fifteen ten (1510) days following delivery of Landlord's written request, a certificate certifying: i. such request an estoppel certificate: (i) certifying that this Lease is unmodified and in full force and effect (or, if there have been modificationsmodified, stating the nature of such modification and certifying that the Lease this Lease, as so modified, is in full force and effect, as modified, and (ii) stating the modifications); ii. date to which the datesRent and other charges are paid in advance, if any, to which Rent, Additional Charges and other sums payable hereunder have been paid; (iii. no notice has been received by Tenant ) acknowledging that there are not any uncured defaults on the part of any Default which has not been cured, except as otherwise specified in such certificate, party hereunder or, if there is an are uncured Defaultdefaults, specifying the nature of such; such defaults, and (iv. Landlord is not in default hereunder and no event which, 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 fifteen ten (1510) days after delivery of a request therefor shall be a conclusive admission that, as of the date of the request for such statement: (wi) this Lease is unmodified except as may be represented by Landlord in said request and is in full force and effect, (xii) there are no uncured defaults in Landlord's ’s performance, (yiii) no rent has been paid more than thirty (30) days in advance; , and (ziv) the information regarding the status of the this Lease, as represented by Landlord in said request, is true and correct. Any At any time during the Lease Term, 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 certificate may most recent financial statement to any existing Lender or to any potential Lender or buyer of the Premises. Such statements shall be relied upon prepared in accordance with generally accepted accounting principles and shall be certified by any permitted prospective transfereeTenant’s chief financial officer as true and correct in all material respects or, deed if such is the normal practice of trust beneficiary or mortgagee of Landlord's interest under this LeaseTenant, shall be audited by an independent certified public accountant.

Estoppel Certificates and Financial Statements. a. Estoppel Certificate At all times ---------------------------------------------- during the Lease Term, Tenant agrees, following any request by Tenant. TenantXxxxxxxx, any sublessee or assignee or all of any portion of Tenant's interest under this Lease, will execute, acknowledge to execute and deliver to Landlord, Landlord within fifteen (1510) days following delivery of Landlord's written request, a certificate certifying: i. such request an estoppel certificate: (i) certifying that this Lease is unmodified and in full force and effect (or, if there have been modificationsmodified, stating the nature of such modification and certifying that the Lease this Lease, as so modified, is in full force and effect, as modified, and (ii) stating the modifications); ii. date to which the datesRent and other charges are paid in advance, if any, to which Rent, Additional Charges and other sums payable hereunder have been paid; (iii. no notice has been received by Tenant ) acknowledging that there are not any uncured defaults on the part of any Default which has not been cured, except as otherwise specified in such certificate, party hereunder or, if there is an are uncured Defaultdefaults, specifying the nature of such; such defaults, and (iv. Landlord is not in default hereunder and no event which, 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 fifteen ten (1510) days after delivery of a request therefor shall be a conclusive admission that, as of the date of the request for such statement: (wi) this Lease is unmodified except as may be represented by Landlord in said request and is in full force and effect, (xii) there are no uncured defaults in Landlord's performance, (yiii) no rent has been paid more than thirty (30) days in advance; , and (ziv) the information regarding the status of the this Lease, as represented by Landlord in said request, is true and correct. Any At any time during the Lease Term Tenant shall, upon ten (10) days' prior written notice from landlord, provide Xxxxxx's most recent financial statement and financial statements covering the twenty-four (24) month period prior to the date of such certificate may most recent financial statement to any existing Lender or to any potential Lender or buyer of the Premises. Such statements shall be relied upon prepared in accordance with generally accepted accounting principles and shall be certified by any permitted prospective transfereeXxxxxx's chief financial officer as true and correct in all material respects or, deed if such is the normal practice of trust beneficiary or mortgagee of Landlord's interest under this LeaseTenant, shall be audited by an independent certified public accountant.

Estoppel Certificates and Financial Statements. a. Estoppel Certificate by Tenant. TenantTenant shall, any sublessee or assignee or all from time to time, upon the written request of any portion of Tenant's interest under this LeaseLandlord, will execute, acknowledge and deliver to Landlord, within fifteen Landlord or its designee a written statement stating: (15a) days of Landlord's written request, a certificate certifying: i. the date this Lease is unmodified was executed and in full force the date it expires; (b) the date Tenant entered into occupancy of the Premises; (c) the amount of monthly Base Rent and effect (or, if there Additional Rent and the date to which such Base Rent and Additional Rent have been modifications, paid; and (d) certifying (i) that the this Lease is in full force and effect, as modified, effect and stating the modifications); ii. the dates, if any, to which Rent, Additional Charges and other sums payable hereunder have been paid; iii. no notice has been received by Tenant of any Default which has not been curedassigned, except as otherwise specified modified, supplemented or amended in such certificate, or, if there is an uncured Default, any way (or specifying the nature date of such; iv. the agreement so affecting this Lease); (ii) to the best of Tenant’s knowledge, Landlord is not in default hereunder breach of this Lease (or, if so, a description of each such breach) and that no event whichevent, omission or condition has occurred which would result, with the passing giving of notice or the passage of time, giving in a breach of notice, or both, would constitute a default 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 hereunderto Tenant on account of tenant improvements have been received; and v. certifying such other information about (v) whether, to the status best of the Lease and the Leased Premises as may be required by Landlord. A failure to deliver an estoppel certificate within fifteen (15) days after delivery of a request therefor shall be a conclusive admission thatTenant’s knowledge, as of on the date of execution, there exist any defenses or offsets which the request for such statement: (w) Tenant has against the enforcement of this Lease is unmodified by the Landlord; (vi) that no Base Rent, Additional Rent or other sums payable under this Lease have been paid in advance except as may be represented by Landlord in said request for Base Rent and is in full force and effect, Additional Rent for the then current month; (xvii) there are that no uncured defaults in Landlord's performance, (y) no rent security has been paid more than thirty deposited with Landlord (30or, if so, the amount of such security); (viii) days in advance; and (z) the information regarding the status of the Lease, as represented by Landlord in said request, that it is true and correct. Any such certificate intended that any Tenant’s statement may be relied upon by any permitted a prospective transferee, deed of trust beneficiary purchaser or mortgagee of Landlord's ’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) Business Days of its receipt of a written request by Landlord as provided in this Section 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, upon the written request 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 (1) Tenant, (2) any entity which owns a controlling interest in Tenant, (3) any entity the controlling interest of which is owned by Tenant, (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 information as required under this LeaseSection 4.18 so long as Tenant’s financial information is publicly available.

Estoppel Certificates and Financial Statements. a. Estoppel Certificate At all times during the Lease Term, Tenant agrees, following any request by Tenant. TenantLandlord, any sublessee or assignee or all of any portion of Tenant's interest under this Lease, will execute, acknowledge promptly to execute and deliver to Landlord, Landlord within fifteen 15 days following delivery of such request an estoppel certificate: (15i) days of Landlord's written request, a certificate certifying: i. certifying that this Lease is unmodified and in full force and effect (or, if there have been modificationsmodified, stating the nature of such modification and certifying that the Lease this Lease, as so modified, is in full force and effect, as modified, and (ii) stating the modifications); ii. date to which the datesrent and other charges are paid in advance, if any, to which Rent, Additional Charges and other sums payable hereunder have been paid; (iii. no notice has been received by Tenant of any Default which has not been cured, except as otherwise specified in such certificate, or, if there is an uncured Default, specifying the nature of such; iv. Landlord is not in default hereunder and no event which, with the passing of time, giving of notice, or both, would constitute a default by Landlord hereunder; and v. ) certifying such other factual information about the status of the Lease and the Leased Premises as may be reasonably required by Landlord’s lender or prospective lender, or by any purchaser or prospective purchaser of the Building or the Project. A If Tenant fails to deliver an estoppel certificate within 15 days after delivery of a request therefor, then Landlord may deliver a second (2nd) request for an estoppels certificate to Tenant and Tenant’s failure to deliver an estoppel certificate within fifteen (15) 5 days after delivery of a such second (2nd) request therefor shall be a conclusive admission that, as of the date of the request for such statement: (wi) this Lease is unmodified except as may be represented by Landlord in said request and is in full force and effect, (xii) there are no known uncured defaults in Landlord's performance’s performance at that time, and (yiii) no rent has been paid more than thirty (30) 30 days in advance; . At any time during the Lease Term Tenant shall, upon 15 days’ prior written notice from Landlord, provide Tenant’s most recent financial statement and (z) financial statements covering the information regarding 24 month period prior to the status date of such most recent financial statement to any existing Lender or to any potential Lender or buyer of the LeasePremises. Such statements shall be prepared in accordance with generally accepted accounting principles and, if such is the normal practice of Tenant, shall be audited by an independent certified public accountant and shall be held confidentially by Landlord. Tenant hereby authorizes Landlord to obtain one or more credit reports on Tenant at any time, and shall execute such further authorizations as represented by Landlord may reasonably require in said request, is true and correct. Any such certificate may be relied upon by any permitted prospective transferee, deed of trust beneficiary or mortgagee of Landlord's interest under this Leaseorder to obtain a credit report.

Estoppel Certificates and Financial Statements. a. Estoppel Certificate (a) Delivery by Tenant. TenantTenant shall, any sublessee or assignee or all of any portion of Tenant's interest under this Leasewithin ten (10) business days following written request by Landlord therefor and without charge, will execute, acknowledge execute and deliver to LandlordLandlord any and all estoppel certificates reasonably requested by Landlord in connection with the sale or financing of the Premises, within fifteen Building or Land, or requested by any lender making a loan affecting the Premises, Building or Land, or applicable part thereof. Landlord may require that Tenant in any estoppel certificate shall (15i) days of Landlord's written request, a certificate certifying: i. certify that this Lease is unmodified and in full force and effect (or, if there have been modificationsmodified, state the nature of such modification and certify that the Lease this Lease, as so modified, is in full force and effect) and has not been assigned (or, as modifiedif assigned, and stating disclosing the modificationssame); , (ii. ) certify the datesdate to which Rentals are paid in advance, if any, (iii) acknowledge that there are not, to which RentTenant’s knowledge, Additional Charges and other sums payable hereunder have been paid; iii. no notice has been received by Tenant any uncured defaults on the part of any Default which has not been cured, except as otherwise specified in such certificate, or, if there is an uncured Default, specifying the nature of such; iv. Landlord is not in default hereunder and no event which, with the passing of time, giving of noticehereunder, or bothspecify such defaults if claimed, would constitute a default by Landlord hereunder; and v. certifying such other information about (iv) evidence the status of the this Lease and the Leased Premises as may be reasonably required either by Landlord. A failure a lender making a loan to deliver an estoppel certificate within fifteen (15) days after delivery Landlord to be secured by a deed of trust or mortgage covering the Premises, Building or Land, or applicable part thereof, or a request therefor shall be a conclusive admission that, as purchaser of the date Premises, Building or Land, or applicable part thereof, from Landlord, (v) certify to Tenant’s knowledge (after reasonable inquiry and investigation) 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, or if substantial completion has not occurred with respect to all or any portion of such improvements, specify which improvements have not been substantially completed, and (vi) certify such other matters relating to the request for such statement: (w) this Lease is unmodified except Lease, the Premises and/or Common Area as may be represented reasonably requested by a lender making a loan to Landlord in said request and is in full force and effect, (x) there are no uncured defaults in Landlord's performance, (y) no rent has been paid more than thirty (30) days in advance; and (z) the information regarding the status or a purchaser of the LeasePremises, as represented by Landlord in said requestBuilding or Land, is true and corrector applicable part thereof, from Landlord. Any such estoppel certificate may be conclusively relied upon by any permitted prospective transfereepurchaser or encumbrancer of the Premises, deed of trust beneficiary Building or mortgagee of Landlord's interest under this LeaseLand.

Estoppel Certificates and Financial Statements. a. Estoppel Certificate (a) Delivery by Tenant. TenantTenant shall, any sublessee or assignee or all of any portion of Tenant's interest under this Leasewithin ten (10) ------------------ business days following request by Landlord therefor and without charge, will execute, acknowledge execute and deliver to LandlordLandlord any and all documents, within fifteen estoppel certificates, and current financial statements of Tenant reasonably requested by Landlord in connection with the sale or financing of the Premises, Building or Land, or reasonably requested by any lender making a loan affecting the Premises, Building or Land. Landlord may require that Tenant in any estoppel certificate shall (15i) days of Landlord's written request, a certificate certifying: i. certify that this Lease is unmodified and in full force and effect (or, if there have been modificationsmodified, state the nature of such modification and certify that the Lease this Lease, as so modified, is in full force and effect) and has not been assigned, as modified, and stating (ii) certify the modifications); ii. the datesdate to which Rentals are paid in advance, if any, (iii) acknowledge that there are not, to which RentTenant's knowledge, Additional Charges and other sums payable hereunder have been paid; iii. no notice 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 beneficiary of any security instrument encumbering the Premises, Building or Land forecloses on the security instrument or sells the Premises, Building or Land pursuant to any power of sale contained in such security instrument, such beneficiary shall not be liable for the Security Deposit, unless the Security Deposit actually has been received by the beneficiary from Landlord; (vi) certify the date Tenant entered into occupancy of any Default which has not been curedthe Premises and that Tenant is conducting business at the Premises, except as otherwise specified in such certificate, or, if there is an uncured Default, specifying (vii) certify that all improvements to be constructed on the nature of such; iv. Landlord is not in default hereunder and no event which, with the passing of time, giving of notice, or both, would constitute a default Premises by Landlord hereunder; and v. certifying have been substantially completed except for punch list items which do not prevent Tenant from using the Premises for its intended use, and (viii) certify such other information about the status of matters relating to the Lease and the Leased and/or Premises as may reasonably be required requested by Landlord. A failure a lender making a loan to deliver an estoppel certificate within fifteen (15) days after delivery of Landlord or a request therefor shall be a conclusive admission that, as purchaser of the date of the request for such statement: (w) this Lease is unmodified except as may be represented by Landlord in said request and is in full force and effectPremises, (x) there are no uncured defaults in Building or Land from Landlord's performance, (y) no rent has been paid more than thirty (30) days in advance; and (z) the information regarding the status of the Lease, as represented by Landlord in said request, is true and correct. Any such estoppel certificate may be conclusively relied upon by any permitted prospective transfereepurchaser or encumbrancer of the Premises, deed Building or Land. Any financial statements of trust beneficiary Tenant shall 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 mortgagee a reasonable substitute for the form of Landlord's interest under this Leasesuch financial information, all prepared in accordance with generally accepted accounting principles consistently applied.

Estoppel Certificates and Financial Statements. a. Estoppel Certificate by Tenant. Tenant4.18.1 Tenant shall, any sublessee or assignee or all from time to time, upon the written request of any portion of Tenant's interest under this LeaseLandlord, will execute, acknowledge and deliver to Landlord, within fifteen Landlord or its designee a written statement stating: (15a) days of Landlord's written request, a certificate certifying: i. the date this Lease is unmodified was executed and in full force the date it expires; (b) the date Tenant entered into occupancy of the Premises; (c) the amount of monthly Base Rent and effect (or, if there Additional Rent and the date to which such Base Rent and Additional Rent have been modifications, paid; and (d) certifying that the (1) this Lease is in full force and effect, as modified, effect and stating the modifications); ii. the dates, if any, to which Rent, Additional Charges and other sums payable hereunder have been paid; iii. no notice has been received by Tenant of any Default which has not been curedassigned by Tenant, except as otherwise specified modified, supplemented or amended in such certificate, or, if there is an uncured Default, any way (or specifying the nature date of such; iv. the agreement so affecting this Lease); (2) to Tenant’s knowledge, Landlord is not in default hereunder 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 whichevent, omission or condition has occurred which would result, with the passing giving of notice or the passage of time, giving in a breach of notice, this Lease by Landlord; (3) this Lease represents the entire agreement between the parties with respect to the Premises; (4) whether or both, would constitute a default not all required contributions by Landlord hereunderto Tenant on account of Tenant Improvements have been received; 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 fifteen (155) days after delivery of a request therefor shall be a conclusive admission that, as of on the date of execution, to Tenant’s knowledge, whether or not there exist no defenses or offsets which the request for such statement: (w) Tenant has against the enforcement of this Lease is unmodified except as may be represented by Landlord in said request and is in full force and effect, the Landlord; (x) there are no uncured defaults in Landlord's performance, (y6) no rent 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 paid more than thirty deposited with Landlord (30) days in advanceor, if so, the amount of such security); and (z) the information regarding the status of the Lease, as represented by Landlord in said request, 8) it is true and correct. Any such certificate intended that any Tenant’s statement may be relied upon by any permitted a prospective transferee, deed of trust beneficiary purchaser or mortgagee of Landlord's ’s interest under 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) Business Days of its receipt of a written request by Landlord as provided in this Leaseparagraph, 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.. 4.18.2 If Tenant is not a publicly traded corporation or a subsidiary of a publicly traded corporation, Tenant shall, from time to time (but not more than once in any twelve (12) month period), upon the written request of Landlord, deliver to or cause to be delivered to Landlord or its designee then current financial statements certified as accurate by a certified public accountant or authorized representative of Tenant and prepared in conformance with generally accepted accounting principles for (i) Tenant, (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 merger or operation of law.

Estoppel Certificates and Financial Statements. a. Estoppel Certificate At all times during the Lease Term, Tenant agrees, following any request by Tenant. TenantLandlord, any sublessee or assignee or all of any portion of Tenant's interest under this Lease, will execute, acknowledge to execute and deliver to Landlord, Landlord within fifteen ten (1510) days following delivery of Landlord's written request, a certificate certifying: i. such request an estoppel certificate: (i) certifying that this Lease is unmodified and in full force and effect (or, if there have been modificationsmodified, stating the nature of such modification and certifying that the Lease this Lease, as so modified, is in full force and effect, as modified, and (ii) stating the modifications); ii. date to which the datesRent and other charges are paid in advance, if any, to which Rent, Additional Charges and other sums payable hereunder have been paid; (iii. no notice has been received by Tenant ) acknowledging that there are not any uncured defaults on the part of any Default which has not been cured, except as otherwise specified in such certificate, party hereunder or, if there is an are uncured Defaultdefaults, specifying the nature of such; such defaults, and (iv. Landlord is not in default hereunder and no event which, 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 fifteen ten (1510) days after delivery of a request therefor therefore shall be a conclusive admission that, as of the date of the request for such statement: (wi) this Lease is unmodified except as may be represented by Landlord in said request and is in full force and effect, (xii) there are no uncured defaults in Landlord's ’s performance, (yiii) no rent has been paid more than thirty (30) days in advance; , and (ziv) the information regarding the status of the this Lease, as represented by Landlord in said request, is true and correct. Any At any time during the Lease Term 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 certificate may most recent financial statement to any existing Lender or to any potential Lender or buyer of the Premises. Such statements shall be relied upon prepared in accordance with generally accepted accounting principles and shall be certified by any permitted prospective transfereeTenant’s chief financial officer as true and correct in all material respects or, deed if such is the normal practice of trust beneficiary or mortgagee of Landlord's interest under this LeaseTenant, shall be audited by an independent certified public accountant.

Estoppel Certificates and Financial Statements. a. Estoppel Certificate by Tenant. TenantTenant shall, any sublessee or assignee or all from time to time, upon the written request of any portion of Tenant's interest under this LeaseLandlord, will execute, acknowledge and deliver to Landlord, within fifteen Landlord or its designee a written statement stating: (15a) days of Landlord's written request, a certificate certifying: i. the date this Lease is unmodified was executed and in full force the date it expires; (b) the date Tenant entered into occupancy of the Premises; (c) the amount of monthly Base Rent and effect (or, if there Additional Rent and the date to which such Base Rent and Additional Rent have been modifications, paid; and (d) certifying that the (1) this Lease is in full force and effect, as modified, effect and stating the modifications); ii. the dates, if any, to which Rent, Additional Charges and other sums payable hereunder have been paid; iii. no notice has been received by Tenant of any Default which has not been curedassigned, except as otherwise specified modified, supplemented or amended in such certificate, or, if there is an uncured Default, any way (or specifying the nature date of such; iv. the agreement so affecting this Lease); (2) to the best of Tenant's knowledge, Landlord is not in default hereunder breach of this Lease (or, if so, a description of each such breach) and that no event whichevent, omission or condition has occurred which would result, with the passing giving of notice or the passage of time, giving in a breach of notice, or both, would constitute a default 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 hereunderto Tenant on account of Tenant Improvements have been received to date and identifying any such remaining obligations of Landlord; 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 fifteen (155) days after delivery of a request therefor shall be a conclusive admission that, as of on the date of execution, there exist no defenses or offsets which the request for such statement: (w) Tenant has against the enforcement of this Lease is unmodified except as may be represented by Landlord in said request and is in full force and effectthe Landlord, or if Tenant has any such defenses or offsets, an explanation of the same; (x) there are no uncured defaults in Landlord's performance, (y6) no rent 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 paid more than thirty deposited with Landlord (30) days in advanceor, if so, the amount of such security); and (z) the information regarding the status of the Lease, as represented by Landlord in said request, 8) it is true and correct. Any such certificate intended that any Tenant's statement may be relied upon by any permitted a prospective transferee, deed of trust beneficiary purchaser or mortgagee of Landlord's interest under or an assignee of any such mortgagee; and (9) such other information as may be reasonably requested by Landlord. Landlord shall not request such statements more than twice 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 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 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, deliver to or cause to be delivered to Landlord or its designee Tenant's most recent (but in no event more than twelve (12) months old) 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) Tenant, (ii) any entity which owns a controlling interest in Tenant, (iii) any entity the controlling interest of which is owned by Tenant, (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 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 Tenant remains a publicly traded company listed and 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 financial information and reports required to be filed by such exchange and/or applicable Governmental Requirements, Tenant may satisfy this requirement by providing Landlord with Tenant's most recent annual report filed with such exchange. Landlord will not disclose any aspects of Tenant's financial statements that Tenant designates in writing to Landlord as confidential except (1) to Landlord's actual and proposed mortgagees, investment advisors, attorneys', accountants and other professional consultants (2) any proposed purchasers, (3) in litigation between Landlord and Tenant, and (4) if required by court order or other applicable Governmental Requirements.

Estoppel Certificates and Financial Statements. a. Estoppel Certificate At all times during the Lease Term, Xxxxxx agrees, following any request by Tenant. TenantLandlord, any sublessee or assignee or all of any portion of Tenant's interest under this Lease, will execute, acknowledge to execute and deliver to Landlord, Landlord within fifteen (15) days following delivery of Landlord's written request, a certificate certifying: i. the request for an estoppel certificate: (i) certifying that this Lease is unmodified and in full force and effect (or, if there have been modificationsmodified, stating the nature of such modification and certifying that the Lease this Lease, as so modified, is in full force and effect, as modified, and (ii) stating the modifications); ii. date to which the datesRent and other charges are paid in advance, if any, (iii) acknowledging that to which Rent, Additional Charges and other sums payable hereunder have been paid; iii. no notice has been received by Tenant Tenant’s knowledge there are not any uncured defaults on the part of any Default which has not been cured, except as otherwise specified in such certificate, party hereunder or, if there is an are uncured Defaultdefaults, specifying the nature of such; such defaults, and (iv. Landlord is not in default hereunder and no event which, 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 reasonably required by Landlord. A failure to deliver an estoppel certificate within fifteen (15) days after delivery of a request therefor shall be a conclusive admission that, as of the date of the request for such statement: (wa) this Lease is unmodified except as may be represented by Landlord in said request and is in full force and effect, (xb) there are no uncured defaults in Landlord's ’s performance, (yc) no rent has been paid more than thirty (30) days in advance; , and (zd) the information regarding the status of the this Lease, as represented by Landlord in said request, is true and correct. Any At any time during the Lease Term Tenant shall, within fifteen (15) days’ after demand therefor made in connection with a proposed sale or refinancing of the Building, 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 certificate may most recent financial statement to any existing Lender or to any potential Lender or buyer of the Premises. If not audited by an independent certified public accountant, such statements shall be relied upon certified by any permitted prospective transferee, deed of trust beneficiary or mortgagee of Landlord's interest under this LeaseXxxxxx’s chief financial officer as true and correct in all material respects. Such financial statements shall be delivered subject to the same confidentiality obligations as are set forth in Section 15.1.

Estoppel Certificates and Financial Statements. a. Estoppel Certificate At all times during the Lease Term, Tenant agrees, following any request by Tenant. TenantLandlord, any sublessee or assignee or all of any portion of Tenant's interest under this Lease, will execute, acknowledge promptly to execute and deliver to LandlordLandlord an estoppel certificate, within fifteen (15i) days of Landlord's written request, a certificate certifying: i. certifying that this Lease is unmodified and in full force and effect (or, if there have been modificationsmodified, stating the nature of such modification and certifying that the Lease this Lease, as so modified, is in full force and effect, as modified, and (ii) stating the modifications); ii. date to which the datesrent and other charges are paid in advance, if any, (iii) acknowledging that there are not, to which RentTenant's knowledge, Additional Charges and other sums payable any uncured defaults on the part of Landlord hereunder have been paid; iii. no notice has been received by Tenant of any Default which has not been cured, except as otherwise specified in such certificate, or, if there is an are uncured Defaultdefaults, specifying the nature of such; such defaults and (iv. Landlord is not in default hereunder and no event which, 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 reasonably required by Landlord. A Tenant's failure to deliver an estoppel certificate within fifteen ten (1510) days after delivery of a Landlord's request therefor shall be a conclusive admission by Tenant that, as of the date of the request for such statement: , (wi) this Lease is unmodified except as may be represented by Landlord in said request and is in full force and effect, (xii) there are no uncured defaults in Landlord's performance, and (yiii) no rent has been paid more than thirty (30) days in advance; . At any time during the Lease Term 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 (z24) month period prior to the information regarding the status date of such most recent financial statement to any existing Lender or to any potential Lender or buyer of the LeaseProperty; provided, as represented however, that if Tenant is a corporation whose stock is publicly traded, Tenant may satisfy the foregoing requirement by Landlord delivering to the appropriate parties copies of its most recent annual report prepared to satisfy requirements of the federal securities laws. Such statements shall be prepared in said requestaccordance with generally accepted accounting principles and, if such is true and correct. Any such certificate may the normal practice of Tenant shall be relied upon audited by any permitted prospective transferee, deed of trust beneficiary or mortgagee of Landlord's interest under this Leasean independent certified public accountant.