Common use of Financials Clause in Contracts

Financials. (a) Tenant shall deliver to Landlord, prior to the execution of this Lease and thereafter at any time within twenty (20) days upon Landlord’s request (but not more frequently than once during any calendar year during the Term), Tenant’s current tax returns and financial statements, certified true, accurate and complete by the chief financial officer of Tenant, including a balance sheet and profit and loss statement for the most recent prior year, or, in the event Tenant is a publicly traded corporation on a nationally recognized stock exchange, Tenant’s current financial reports filed with the Securities and Exchange Commission (collectively, the “Statements”), which Statements shall accurately and completely reflect the financial condition of Tenant. Landlord agrees that it will keep the Statements confidential, except that Landlord shall have the right to deliver the same to any proposed purchaser of the Building or Project, and to any encumbrancer of all or any portion of the Building or Project. (b) Tenant acknowledges that Landlord is relying on the Statements in its determination to enter into this Lease, and Tenant represents to Landlord, which representation shall be deemed made on the date of this Lease, that no material change in the financial condition of Tenant, as reflected in the Statements, has occurred since the date Tenant delivered the Statements to Landlord. The Statements are represented and warranted by Tenant to be correct and to accurately and fully reflect Tenant’s true financial condition as of the date of submission by any Statements to Landlord.

Financials. (a) Tenant shall deliver to Landlord, prior to the execution of this Lease and thereafter at any time within twenty (20) days upon Landlord’s request (but not more frequently than once during any in each calendar year during of the Term), Tenant’s current tax returns and financial statements, certified true, accurate and complete by the chief financial officer of Tenant, including a balance sheet and profit and loss statement for the most recent prior year, or, in the event Tenant is a publicly traded corporation on a nationally recognized stock exchange, Tenant’s current financial reports filed with the Securities and Exchange Commission (collectively, the “Statements”), which Statements shall accurately and completely reflect the financial condition of Tenant. Landlord agrees that it will keep the Statements confidential, except that Landlord shall have the right to deliver the same to any proposed purchaser of the Building or Project, and to any encumbrancer of all or any portion of the Building or Project. (b) Tenant acknowledges that Landlord is relying on the Statements in its determination to enter into this Lease, and Tenant represents to Landlord, which representation shall be deemed made on the date of this Lease, that no material adverse change in the financial condition of Tenant, as reflected in the Statements, has occurred since the date Tenant delivered the Statements to Landlord. The Statements are represented and warranted by Tenant to be correct and to accurately and fully reflect Tenant’s true financial condition as of the date of submission by any Statements to Landlord.

Financials. (a) Tenant shall deliver to Landlord, prior to the execution of this Lease and thereafter at any time within twenty ten (2010) business days upon following Landlord’s written request (but not more frequently often than once during twice in any calendar year during the Termyear), Tenant’s current tax returns and financial statements, certified true, accurate and complete by the chief financial officer of Tenant, including a balance sheet and profit and loss statement for the most recent prior year, or, in the event Tenant is a publicly traded corporation on a nationally recognized stock exchange, Tenant’s current financial reports filed with the Securities and Exchange Commission year (collectively, the “Statements”), which Statements shall accurately and completely reflect the financial condition of Tenant. Landlord agrees that it will keep the Statements confidential, except that Landlord shall have the right to deliver the same to any proposed purchaser or encumbrancer of the Building Premises. Notwithstanding the foregoing, so long as Tenant is a publicly-traded corporation whose stock is traded on a nationally recognized exchange or ProjectNASDAQ, and to any encumbrancer the “Statements” shall consist of all or any portion of the Building or ProjectTenant’s most recently publicly disclosed financial statements. (b) Tenant acknowledges that Landlord is relying on the Statements in its determination to enter into this Lease, and Tenant represents to Landlord, which representation shall be deemed made on the date of this LeaseLease and again on the Commencement Date, that no material change in the financial condition of Tenant, as reflected in the Statements, has occurred since the date Tenant delivered the Statements to Landlord. The Statements are represented and warranted by Tenant to be correct and to accurately and fully reflect Tenant’s true financial condition as of the date of submission by any Statements to Landlord.

Financials. (a) Tenant shall deliver to Landlord, prior to the execution of this Lease and thereafter at any time within twenty (20) days upon Landlord’s request (but not more frequently than once during any calendar year during the Term)'s request, Tenant’s 's current tax returns and financial statements, certified true, accurate and complete by the chief financial an officer of Tenant, including a balance sheet and profit and loss statement for the most recent prior year, or, in the event Tenant is a publicly traded corporation on a nationally recognized stock exchange, Tenant’s current financial reports filed with the Securities and Exchange Commission year (collectively, the “"Statements”"), which Statements shall accurately and completely reflect the financial condition of Tenant. Landlord agrees that it will keep the Statements confidential, except that Landlord shall have the right to deliver the same to any proposed purchaser or encumbrancer of the Building or ProjectPremises; provided, however, any such disclosure shall be strictly limited to bona fide prospective purchasers and encumbrancers (and their respective accountants, attorneys and financial advisers) and then shall only be permitted to any encumbrancer of all or any portion the extent that such bona fide prospective purchasers and encumbrancers (and their respective accountants, attorneys and financial advisers to whom such disclosures will be made) shall agree to preserve the confidentiality of the Building or Projectsubstance and contents the Statements in question. (b) Tenant acknowledges that Landlord is relying on the Statements in its determination to enter into this Lease, and Tenant represents to Landlord, which representation shall be deemed made on the date of this LeaseLease and again on the Commencement Date, that no material change in the financial condition of Tenant, as reflected in the Statements, has occurred since the date Tenant delivered the Statements to Landlord, other than such changes as Tenant may disclose to Landlord in writing prior to Landlord's execution of this Lease. The Statements are represented and warranted by Tenant to be correct and to accurately and fully reflect Tenant’s 's true financial condition as of the date of submission by any Statements to Landlord.

Financials. (a) Tenant shall deliver to Landlord, prior to the execution of this Lease and thereafter at any time within twenty (20) days upon Landlord’s 's request (but not more frequently than once during in any calendar year during year, except in the Termevent of a refinancing of the Project by Landlord), Tenant’s 's current tax returns and financial statements, certified true, accurate and complete by the chief financial officer of Tenant, including a balance sheet and profit and loss statement for the most recent prior year, or, in the event Tenant is a publicly traded corporation on as a nationally recognized stock exchange, Tenant’s 's current financial reports filed with the Securities and Exchange Commission (collectively, the “"Statements”"), which Statements shall accurately and completely reflect the financial condition of Tenant. Landlord agrees that it will keep the Statements confidential, except that Landlord shall have the right to deliver the same to any proposed purchaser of the Building or Project, and to any encumbrancer of all or any portion of the Building or Project. Notwithstanding the foregoing, so long as Tenant is a publicly-traded corporation whose stock is traded on a nationally recognized exchange or on NASDAQ, the "Statements" shall consist of Tenant's most recently publicly disclosed financial statements. (b) Tenant acknowledges that Landlord is relying on the Statements in its determination to enter into this Lease, and Tenant represents to Landlord, which representation shall be deemed made on the date of this LeaseLease and again on the Commencement Date, that no material change in the financial condition of Tenant, as reflected in the Statements, has occurred since the date Tenant delivered the Statements to Landlord. The Statements are represented and warranted by Tenant to be correct and to accurately and fully reflect Tenant’s 's true financial condition as of the date of submission by any Statements to Landlord. ARTICLE XIV.

Financials. May 5, 2005 701423328v1 (a) Tenant shall deliver to Landlord, prior to the execution of this Lease and thereafter at any time within twenty (20) days upon Landlord’s 's request (but not more frequently than once during in any calendar year during the Term), Tenant’s current Texxxx'x xurrent tax returns and financial statements, certified true, accurate and complete by the chief xxx xhief financial officer of Tenant, including a balance sheet and profit and loss statement for the most recent prior year, or, in the event Tenant is a publicly traded corporation on a nationally recognized stock exchange, Tenant’s 's current financial reports filed with the Securities and Exchange Commission (collectivelycollectivxxx, the “xhe "Statements”"), which Statements shall accurately and completely reflect the financial condition of Tenant. Landlord agrees that it will keep the Statements confidential, except that Landlord shall have the right xxx xxxxt to deliver the same to any proposed purchaser of the Building or Project, and to any encumbrancer of all or any portion of the Building or Project. Notwithstanding the foregoing, so long as Tenant is a publicly-traded corporation whose stock is traded on a nationally recognized exchange or on NASDAQ, the “Statements” shall consist of Tenant’s most recently publicly disclosed financial statements. (b) Tenant acknowledges that Landlord is relying on the Statements in its determination to enter into this Lease, and Tenant represents to Landlord, which representation shall be deemed made on the date of this LeaseLease and again on the Commencement Date, that no material change in the financial condition of Tenant, as reflected in the Statements, has occurred since the date Tenant delivered the Statements to Landlord. The Statements are represented and warranted by Tenant to be correct and to accurately and fully reflect Tenant’s 's true financial condition as of the date of submission by any Statements to Landlord.

Financials. (a) Tenant shall deliver to Landlord, prior to the execution of this Lease and thereafter at any time within twenty (20) days upon Landlord’s request (but not more frequently than once during any calendar year during the Term)'s request, Tenant’s 's current tax returns and financial statements, certified true, accurate and complete by the chief financial officer of Tenant, including a balance sheet and profit and loss statement for the most recent prior year, or, in the event Tenant is a publicly traded corporation on a nationally recognized stock exchange, Tenant’s current financial reports filed with the Securities and Exchange Commission year (collectively, the “"Statements”"), which Statements shall accurately and completely reflect the financial condition of Tenant. Landlord agrees that it will keep the Statements confidential, except that Landlord shall have the right to deliver the same to any proposed purchaser or encumbrancer of the Building Premises. Notwithstanding the foregoing, so long as Tenant is a publicly-traded corporation whose stock is traded on a nationally recognized exchange or Projecton NASDAQ, and to any encumbrancer the "Statements" shall consist of all or any portion of the Building or ProjectTenant's most recently publicly disclosed financial statements. (b) Tenant acknowledges that Landlord is relying on the Statements in its determination to enter into this Lease, and Tenant represents to Landlord, which representation shall be deemed made on the date of this LeaseLease and again on the Commencement Date, that no material change in the financial condition of Tenant, as reflected in the Statements, has occurred since the date Tenant delivered the Statements to Landlord. The Statements are represented and warranted by Tenant to be correct and to accurately and fully reflect Tenant’s 's true financial condition as of the date of submission by any Statements to Landlord.

Financials. (a) Tenant shall deliver to Landlord, prior to the execution of this Lease and thereafter at any time within twenty upon not less than five (205) days upon Landlord’s request prior written notice from Landlord (but not more frequently than once during in any single calendar year during the Term), Tenant’s 's current tax returns and financial statements, certified true, accurate and complete by the chief financial officer of Tenant, including a balance sheet and profit and loss statement for the most recent prior year, or, in the event Tenant is a publicly traded corporation on a nationally recognized stock exchange, Tenant’s 's current financial reports filed with the Securities and Exchange Commission (collectively, the “Statements”"STATEMENTS"), which Statements shall accurately and completely reflect the financial condition of Tenant. Landlord agrees that it will keep the Statements confidential, except that Landlord shall have the right to deliver the same to any proposed purchaser of the Building or Project, and to any encumbrancer of all or any portion of the Building or Project. (b) Tenant acknowledges that Landlord is relying on the Statements in its determination to enter into this Lease, and Tenant represents to Landlord, which representation shall be deemed made on the date of this LeaseLease and again on the Commencement Date, that no material change in the financial condition of Tenant, as reflected in the Statements, has occurred since the date Tenant delivered the Statements to Landlord. The Statements are represented and warranted by Tenant to be correct and to accurately and fully reflect Tenant’s 's true financial condition as of the date of submission by any Statements to Landlord.