Common use of Notices Acknowledgements Authorities for Action Clause in Contracts

Notices Acknowledgements Authorities for Action. 18.01 NOTICES Any notice, offer, consent, approval, request, demand, designation, undertaking or election (herein called a "notice") from one party to the other hereunder shall be in writing and shall be deemed duly served if delivered personally to a responsible employee of the party being served, or if mailed by registered or certified mail addressed to Tenant at the Premises (whether or not Tenant has departed from, vacated or abandoned the same) or to Landlord at the place from time to time established for the payment of Rent. Any notice shall be deemed to have been given at the time of personal delivery or, if mailed, on the date of its receipt as shown on the official Acknowledgement of Receipt form received by the party who mailed such notice. Either party shall have the right to designate by notice, in the manner above set forth, a different address to which notices are to be mailed. 18.02 ACKNOWLEDGEMENTS Each of the parties hereto shall at any time and from time to time upon not less than 21 days prior notice from the other execute, acknowledge and deliver a written statement certifying that: (a) this Lease is in full force and effect, subject only to such modifications (if any) as may be set out therein, (b) Tenant is in possession of the Premisses and paying Rent as provided in this Lease, (c) the date (if any) to which Rent is paid in advance, and (d) that there is not, to such party's knowledge, any uncured default on the part of the other party hereunder, or specifying the defaults if any are claimed. Any such statement may be relied upon by any prospective transferee or encumbrancer of all or any portion of the Building, or any assignee of any such person. If Tenant fails to deliver such statement within the said period of 21 days Tenant shall be deemed to have acknowledged that this Lease is in full force and effect.

Appears in 2 contracts

Samples: Lease Agreement (Webgain Inc), Lease of Office Space (Webgain Inc)

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Notices Acknowledgements Authorities for Action. 18.01 NOTICES Notices Any notice, offer, consent, approval, request, demand, designation, undertaking or election (herein called a "notice") notice from one party Landlord to the other hereunder Tenant shall be in writing and shall be deemed duly served if delivered personally to a responsible employee of the party being servedTenant, or if mailed by registered or certified mail addressed to Tenant at the Premises (whether or not Tenant has departed from, vacated or abandoned the same) ). Any notice from Tenant to Landlord shall be in writing and shall be deemed duly served if mailed by registered or certified mail addressed to Landlord at the place from time to time established for the payment of Rent. Any notice shall be deemed to have been given at the time of personal delivery or, if mailed, on three (3) days after the date of its receipt as shown on the official Acknowledgement of Receipt form received by the party who mailed such noticemailing thereof. Either party shall have the right to designate by notice, in the manner above set forth, a different address to which notices are to be mailed. 18.02 ACKNOWLEDGEMENTS Acknowledgements Each of the parties hereto shall at any time and from time to time upon not less than 21 days fifteen (15) days' prior notice from the other execute, acknowledge and deliver a written statement certifying that:certifying (a) that this Lease is in full force and effect, subject only to such modifications (if any) as may be set out therein, (b) that Tenant is in possession of the Premisses Premises and paying Rent as provided in this Lease, (c) the date dates (if any) to which Rent is paid in advance, andpaid, (d) that there is are not, to such party's knowledge, any uncured default defaults on the part of the other party hereunder, or specifying the such defaults if any are claimed, (e) as to such other matters pertaining to this Lease as the other party may reasonably request. Any such statement may be relied upon by any prospective transferee or encumbrancer of all or any portion of the Building, or any assignee of any such personpersons. If Tenant fails to timely deliver such statement within the said period of 21 days statement, Tenant shall be deemed to have acknowledged that this Lease is in full force and effect, without modification except as may be represented by Landlord, and that there are no uncured defaults in Landlord's performance. 18.03 Authorities for Action Landlord may act in any matter provided for herein through its property manager and any other person who shall from time to time be designated by Landlord by notice to Tenant. Tenant shall designate in writing one or more persons to act on its behalf in any matter provided for herein and may from time to time change, by notice to Landlord, such designation. In the absence of any such designation, the person or persons executing this Lease for Tenant shall be deemed to be authorized to act on behalf of Tenant in any matter provided for herein.

Appears in 1 contract

Samples: Lease Agreement (Eschelon Telecom Inc)

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Notices Acknowledgements Authorities for Action. 18.01 NOTICES Notices Any notice, offer, consent, approval, request, demand, designation, undertaking or election (herein called a "notice") notice from one party Landlord to the other hereunder Tenant shall be in writing and shall be deemed duly served if delivered personally to a responsible employee of the party being servedTenant, or if mailed by registered or certified mail addressed to Tenant at the Premises (whether or not nor Tenant has departed from, vacated or abandoned the same) ). Any notice from Tenant to Landlord shall be in writing and shall be deemed duly served if mailed by registered or certified mail addressed to Landlord at the place from time to time established for the payment of Rent. Any notice shall be deemed to have been given at the time of personal delivery or, if mailed, on three (3) days after the date of its receipt as shown on the official Acknowledgement of Receipt form received by the party who mailed such noticemailing thereof. Either party shall have the right to designate by notice, in the manner above set forth, a different address to which notices are to be mailed. 18.02 ACKNOWLEDGEMENTS Acknowledgements Each of the parties hereto shall at any time and from time to time upon not less than 21 days fifteen (15) days' prior notice from the other execute, acknowledge and deliver a written statement certifying that:certifying (a) that this Lease is in full force and effect, subject only to such modifications (if any) as may be set out therein, (b) that Tenant is in possession of the Premisses Premises and paying Rent as provided in this Lease, (c) the date dates (if any) to which Rent is paid in advance, andpaid, (d) that there is are not, to such party's knowledge, any uncured default defaults on the part of the other party hereunder, or specifying the such defaults if any are claimed, (e) as to such other matters pertaining to this Lease as the other party may reasonably request. Any such statement may be relied upon by any prospective transferee or encumbrancer of all or any portion of the Building, or any assignee of any such personpersons. If Tenant fails to timely deliver such statement within the said period of 21 days statement, Tenant shall be deemed to have acknowledged that this Lease is in full force and effect, without modification except as may be represented by Landlord, and that there are no uncured defaults in Landlord's performance. 18.03 Authorities for Action Landlord may act in any matter provided for herein through its property manager and any other person who shall from time to time be designated by Landlord by notice to Tenant. Tenant shall designate in writing one or more persons to act on its behalf in any matter provided for herein and may from time to time change, by notice to Landlord, such designation. In the absence of any such designation, the person or persons executing this Lease for Tenant shall be deemed to be authorized to act on behalf of Tenant in any matter provided for herein.

Appears in 1 contract

Samples: Lease of Office Space (Eschelon Telecom Inc)

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