Common use of MODIFICATION, TERMINATION OR SURRENDER OF AGREEMENT Clause in Contracts

MODIFICATION, TERMINATION OR SURRENDER OF AGREEMENT. (i) The Lessee Lender shall not be bound by any modification or amendment of this Agreement in any respect so as to materially increase the liability of Lessee hereunder or materially increase the obligations or materially decrease the rights of Lessee without the prior written consent of the Lessee Lender, which consent shall no be unreasonably withheld. Further, this Agreement may not be surrendered or terminated other than in compliance with the provisions of this Section 40). Any such modification, amendment, surrender or termination not in accordance with the provisions of this Section 40 shall not be binding on any such Lessee Lender or any other Person who acquires title to its foreclosed interest. (ii) In addition, from time to time upon the request of a Lessee Lender (but not more than three (3) times in any one (1) year period (excluding the first year following the Effective Date), Lessor shall execute and deliver to such Lessee Lender an estoppel certificate in a form reasonably acceptable to Lessor and the Lessee Lender.