Common use of LESSEE'S ESTOPPEL Clause in Contracts

LESSEE'S ESTOPPEL. (A) Lessee shall, from time to time, within ten (10) days of Lessor’s written request, execute, acknowledge and deliver to Lessor a written statement certifying that the Lease is unmodified and in full force and effect, or that the Lease is in full force and effect as modified and listing the instruments of modification; the dates to which the Monthly Fixed Basic Rent and Additional Rent and charges have been paid; and, to the best of Lessee’s knowledge, whether or not Lessor is in default hereunder, and if so, specifying the nature of the default; and any other information which Lessor shall reasonably request. It is intended that any such statement delivered pursuant to this Section 26 may be relied on by a prospective purchaser of Lessor’s interest or mortgagee of Lessor’s interest or assignee of any mortgage of Lessor’s interest. Lessee hereby irrevocably appoints Lessor or if Lessor is a trust, Lessor’s beneficiary or agent, as attorney-in-fact for the Lessee with full powers and authority to execute and deliver in the name of Lessee such estoppel certificate if Lessee fails to deliver the same within such ten (10) day period and such certificate as signed by Lessor, Lessor’s beneficiary or agent, as the case may be, shall be fully binding on Lessee, if Lessee fails to deliver a contrary certificate within five (5) days after receipt by Lessee of a copy of the certificate executed by Lessor, Lessor’s beneficiary or agent, as the case may be, on behalf of Lessee. (B) Lessee’s failure to deliver such statement within such time shall be conclusive upon Lessee that: (i) this Lease is in full force and effect and not modified except as Lessor may represent; (ii) not more than one (1) installment of Monthly Fixed Basic Rent has been paid in advance; (iii) there are no such defaults; and (iv) notices to Lessee shall be sent to Lessee’s mailing address as set forth in this Lease. Notwithstanding the presumptions of this Section, Lessee shall not be relieved of its obligation to deliver said statement.

Appears in 2 contracts

Samples: Lease Agreement (Wave2Wave Communications, Inc.), Lease Agreement (Wave2Wave Communications, Inc.)

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LESSEE'S ESTOPPEL. (A) Lessee shall, from time to time, within ten (10) days of Lessor’s 's written request, execute, acknowledge and deliver to Lessor a written statement certifying that the Lease is unmodified and in full force and effect, or that the Lease is in full force and effect as modified and listing the instruments of modification; the dates to which the Monthly Fixed Basic Rent and Additional Rent and charges have been paid; and, to the best of Lessee’s 's knowledge, whether or not Lessor is in default hereunder, and if so, specifying the nature of the default; and any other information which Lessor shall reasonably request. It is intended that any such statement delivered pursuant to this Section 26 may be relied on by a prospective purchaser of Lessor’s 's interest or mortgagee of Lessor’s 's interest or assignee of any mortgage of Lessor’s 's interest. Lessee hereby irrevocably appoints Lessor or if Lessor is a trust, Lessor’s 's beneficiary or agent, as attorney-in-fact for the Lessee with full powers and authority to execute and deliver in the name of Lessee such estoppel certificate if Lessee fails to deliver the same within such ten (10) day period and such certificate as signed by Lessor, Lessor’s 's beneficiary or agent, as the case may be, shall be fully binding on Lessee, if Lessee fails to deliver a contrary certificate within five (5) days after receipt by Lessee of a copy of the certificate executed by Lessor, Lessor’s 's beneficiary or agent, as the case may be, on behalf of Lessee. (B) Lessee’s 's failure to deliver such statement within such time shall be conclusive upon Lessee that: (i) this Lease is in full force and effect and not modified except as Lessor may represent; (ii) not more than one (1) installment of Monthly Fixed Basic Rent has been paid in advance; (iii) there are no such defaults; and (iv) notices to Lessee shall be sent to Lessee’s 's mailing address as set forth in this Lease. Notwithstanding the presumptions of this Section, Lessee shall not be relieved of its obligation to deliver said statement.

Appears in 1 contract

Samples: Lease Agreement (Goamerica Inc)

LESSEE'S ESTOPPEL. (A) Lessee shall, from time to time, within ten (10) days of Lessor’s 's written request, execute, acknowledge and deliver to Lessor a written statement certifying that the Lease is unmodified and in full force and effect, or that the Lease is in full force and effect as modified and listing the instruments of modification; the dates to which the Monthly Fixed Basic Rent and Additional Rent and charges have been paid; and, to the best of Lessee’s 's knowledge, whether or not Lessor is in default hereunder, and if so, specifying the nature of the default; and any other information which Lessor shall reasonably request. It is intended that any such statement delivered pursuant to this Section 26 may be relied on by a prospective purchaser of Lessor’s 's interest or mortgagee of Lessor’s 's interest or assignee of any mortgage of Lessor’s 's interest. Lessee hereby irrevocably appoints Lessor or if Lessor is a trust, Lessor’s 's beneficiary or agent, as attorney-in-fact for the Lessee with full powers and authority to execute and deliver in the name of Lessee such estoppel certificate if Lessee fails to deliver the same within such ten (10) day period and such certificate as signed by Lessor, Lessor’s 's beneficiary or agent, as the case may be, shall be fully binding on Lessee, if Lessee fails to deliver a contrary certificate within five (5) days after receipt by Lessee of a copy of the certificate executed by Lessor, Lessor’s 's beneficiary or agent, as the case may be, on behalf of Lessee. (B) Lessee’s failure to deliver such statement within such time shall be conclusive upon Lessee that: (i) this Lease is in full force and effect and not modified except as Lessor may represent; (ii) not more than one (1) installment of Monthly Fixed Basic Rent has been paid in advance; (iii) there are no such defaults; and (iv) notices to Lessee shall be sent to Lessee’s mailing address as set forth in this Lease. Notwithstanding the presumptions of this Section, Lessee shall not be relieved of its obligation to deliver said statement.

Appears in 1 contract

Samples: Lease Agreement (Goamerica Inc)

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LESSEE'S ESTOPPEL. (A) Lessee Each party hereto (as applicable, the "Certifying Party") shall, from time to time, within ten fifteen (1015) days of Lessor’s the other party's written requestrequest (the "Requesting Party"), execute, acknowledge and deliver to Lessor such Requesting Party a written statement certifying that the Lease is unmodified and in full force and effect, or that the Lease is in full force and effect as modified and listing the instruments of modification; the dates to which the Monthly Fixed Basic Rent and Additional Rent and charges have been paid; and, to the best of Lessee’s such Certifying Party's knowledge, whether or not Lessor the Requesting Party is in default hereunder, and if so, specifying the nature of the default; default and any such other information which Lessor shall reasonably as the Requesting Party may request. It is intended that any such statement delivered pursuant to this Section 26 may be relied on by a prospective purchaser of Lessor’s 's interest or mortgagee of Lessor’s 's interest or assignee of any mortgage of Lessor’s interest. Lessee hereby irrevocably appoints Lessor 's interest or if Lessor is a trust, Lessor’s beneficiary permitted assignee or agent, as attorney-in-fact for the Lessee with full powers and authority to execute and deliver in the name of Lessee such estoppel certificate if Lessee fails to deliver the same within such ten (10) day period and such certificate as signed by Lessor, Lessor’s beneficiary or agent, as the case may be, shall be fully binding on Lessee, if Lessee fails to deliver a contrary certificate within five (5) days after receipt by Lessee of a copy of the certificate executed by Lessor, Lessor’s beneficiary or agent, as the case may be, on behalf subtenant of Lessee. (B) Lessee’s The Certifying Party's failure to deliver such statement within such time shall be conclusive upon Lessee such Certifying Party that: (i) this Lease is in full force and effect and not modified except as Lessor such Requesting Party may represent; (ii) not more than one (1) installment of Monthly Fixed Basic Rent has been paid in advance; (iii) there are no such defaults; and (iv) notices notice to Lessee such Certifying Party shall be sent to Lessee’s such Certifying Party's mailing address as set forth in this Lease. Notwithstanding the presumptions of this Section, Lessee such Certifying Party shall not be relieved of its obligation to deliver said statement.

Appears in 1 contract

Samples: Lease (Praecis Pharmaceuticals Inc)

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