Common use of Financial Statements; Certain Representations and Warranties of Tenant Clause in Contracts

Financial Statements; Certain Representations and Warranties of Tenant. From time to time as requested by Landlord, but not more than once in any year, and only if Tenant is not then a publicly traded company, Tenant shall provide to Landlord, any actual or potential mortgagee and any actual or potential ground lessor or any representative of any of the foregoing, copies of Tenant’s annual financial statements (audited or reviewed, if available) and quarterly financial statements, all certified as true and correct by Tenant, and, if Tenant is not then a publicly traded company, such other information regarding Tenant’s financial condition as Landlord may reasonably request; provided, however, that Landlord shall only request such financial statements if requested by a prospective lender or purchaser or if Tenant requests Landlord’s consent to an assignment or sublease. Tenant represents and warrants to Landlord, its successors and assigns that: (a) Tenant is a corporation duly organized and validly existing under the laws of the State of Delaware, and is authorized to transact business in the Commonwealth of Massachusetts; (b) the execution, delivery and performance of this Lease by Tenant has been duly authorized by Tenant; and (c) this Lease is valid and binding upon Tenant and is enforceable against Tenant in accordance with the terms hereof.

Financial Statements; Certain Representations and Warranties of Tenant. From time to time as No more than once per year, if requested by Landlord, but not more than once in any year, and only if Tenant is not then a publicly traded company, Tenant shall provide to Landlord, any actual or potential purchaser, mortgagee and any actual or potential ground lessor or any representative of any of the foregoing, copies of Tenant’s annual financial statements (audited or reviewed, if available) and quarterly financial statements), all certified as true and correct by the president or chief financial officer of Tenant, and, if ; provided that so long as the stock of Tenant is not then a publicly traded companytraded, such other information regarding Tenant’s financial condition as Landlord may reasonably request; provided, however, that documents on file with the Securities and Exchange Commission and available to Landlord shall only request satisfy such financial statements if requested by a prospective lender or purchaser or if Tenant requests Landlord’s consent to an assignment or subleasereporting requirements. Tenant represents and warrants to Landlord, its successors and assigns that: (a) Tenant is a corporation duly organized and validly existing in good standing under the laws of the State of Delaware, Delaware and is authorized to transact business in the Commonwealth of Massachusetts; (b) the execution, delivery and performance of this Lease by Tenant has been duly authorized by Tenantauthorized; and (c) this Lease is valid and binding upon the Tenant and is enforceable against Tenant in accordance with the terms hereof.