Common use of Execution by Tenant Clause in Contracts

Execution by Tenant. Within ten days after receipt of Notice by Landlord, Tenant shall execute and deliver to Landlord an estoppel certificate acknowledging that (i) this Lease is in full force and effect, binding and enforceable in accordance with its terms and unmodified (or if modified, specifying the written modification documents); (ii) no default exists on the part of Landlord or Tenant under this Lease (or, if there are, then stating them); (iii) there are no events which with the passage of time, or the giving of notice, or both, would create a default under this Lease (or, if there are, then stating them); (iv) no Rent in excess of one month’s Rent has been paid in advance; (v) Tenant has not sold, assigned, transferred, mortgaged or pledged this Lease or the Rent nor has it received notice of same (or, if it has, then so stating); (vi) Tenant has no defense, setoff, recoupment or counterclaim against Landlord (or, if it has, then so stating), and (vi) such other matters as Landlord may reasonably request (so long as such other statements do not materially change the rights and/or duties of the parties). Landlord, any Lender, or any prospective purchaser of the Building or Complex may rely upon such estoppel certificate. Failure to comply with this Article within the ten-day period set forth above shall be an immediate breach of this Lease by Tenant, without opportunity to cure, giving Landlord all rights and remedies under Article 23 hereof, as well as a right to damages caused by the loss of a loan or sale which may result from such failure by Tenant.

Appears in 3 contracts

Samples: Office Lease (Impinj Inc), Office Lease (Impinj Inc), Office Lease (Impinj Inc)

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Execution by Tenant. Within ten (10) business days after receipt of Notice by Landlord, Tenant shall execute and deliver to Landlord and entities designated by Landlord an estoppel certificate acknowledging that (i) this Lease is in full force and effect, binding and enforceable in accordance with its terms and unmodified (or if modified, specifying the written modification documents); (ii) to the best knowledge of Tenant, no default exists on the part of Landlord or Tenant under this Lease (or, if there are, then stating them); (iii) to the best knowledge of Tenant, there are no events which with the passage of time, or the giving of notice, or both, would create a default under this Lease (or, if there are, then stating them); (iv) no Rent in m excess of one month’s Rent has been paid in advance; (v) Tenant has not sold, assigned, transferred, mortgaged or pledged this Lease or the Rent nor has it received notice of same (or, if it has, then so stating); (vi) to the best knowledge of Tenant, Tenant has no defense, setoff, recoupment or counterclaim against Landlord (or, if it has, then so stating), and (vivii) such other matters as Landlord may reasonably request (so long as such other statements do not materially change the rights and/or duties of the parties). Landlord, any Lender, or any prospective purchaser of the Building or Complex may rely upon such estoppel certificate. Failure to comply with this Article within the ten-day period set forth above shall be an immediate breach of this Lease by Tenant, without opportunity mean that Tenant is deemed to cure, giving Landlord all rights and remedies under Article 23 hereof, as well as a right to damages caused by have made the loss of a loan or sale which may result from such failure by Tenantrepresentations set forth in items (i) through (vii) above.

Appears in 2 contracts

Samples: Sublease Agreement, Sublease Agreement (Tableau Software Inc)

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Execution by Tenant. Within ten fifteen (15) days after receipt of Notice by Landlord, Tenant shall execute and deliver to Landlord an estoppel certificate acknowledging such facts regarding this Lease as Landlord may reasonably require, including that (i) this Lease is in full force and effect, binding and enforceable in accordance with its terms and unmodified (or if modified, specifying the written modification documents); (ii) to the best of Tenant’s current, actual knowledge, no default exists on the part of Landlord or Tenant under this Lease (oror if a default is claimed, if there are, then stating themspecifying such default); (iii) to the best of Tenant’s current, actual knowledge, there are no events which with the passage of time, or the giving of notice, or both, would create a default under this Lease (oror if a default may occur, if there are, then stating themthe possible default); (iv) no whether Rent in excess of one month’s Rent has been paid in advance; (v) whether Tenant has not sold, assigned, transferred, mortgaged or pledged this Lease or the Rent nor or has it received notice of same (or, if it has, then so stating)same; (vi) whether Tenant has no a defense, setoff, recoupment or counterclaim against Landlord (or, if it has, then so stating)Landlord, and (vi) such other matters as Landlord may reasonably request (so long as such other statements do not materially change the rights and/or duties of the parties)request. Landlord, any Lender, or any prospective purchaser of the Building or Complex may rely upon such estoppel certificate. Failure to comply with this Article within the ten-day period set forth above after an additional five (5) business days notice to Tenant shall be an immediate a breach of this Lease by Tenant, without opportunity to cure, Tenant giving Landlord all rights and remedies under Article 23 25 hereof. In lieu thereof, as well as a right if Tenant fails to damages caused provide such estoppel certificate within five (5) business days after receipt of such second notice, then the information contained in the estoppel certificate delivered to Tenant for execution shall be deemed correct and binding against Tenant and may be relied upon by the loss of a loan or sale which may result from such failure by TenantLandlord and any purchaser and lender.

Appears in 1 contract

Samples: Business Park Net Lease (Centillium Communications Inc)

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