Ratification; Miscellaneous Provisions Clause Samples

Ratification; Miscellaneous Provisions. 4.1 Landlord and Tenant each represents and warrants that the Lease is presently in full force and effect. 4.2 The parties hereby ratify and confirm all of the terms, covenants and conditions of the Lease, except to the extent that those terms, covenants, conditions and provisions are amended, modified or varied by this Agreement. In the event of a conflict between the provisions of the Lease and the provisions of this Agreement, the provisions of this Agreement shall control. 4.3 The covenants, agreements, terms and conditions contained in this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 4.4 Landlord confirms and ratifies that, to the best of its knowledge as of the date hereof, (a) Tenant is not in default (beyond any applicable notice and grace period provided in the Lease for the cure thereof) of any monetary obligation of Tenant under the Lease with respect to which Landlord has delivered to Tenant an invoice, and (b) Landlord has not delivered to Tenant any written notice of default of any non-monetary obligation of Tenant under the Lease, where such default remains uncured. In no event shall the foregoing sentence be deemed to waive, forgive or otherwise affect, in any way, Tenant’s obligation to pay Rent, additional rent or other sums payable with respect to (i) the performance and completion of Landlord’s Initial Construction (as defined in the Lease) and/or any extra work orders requested by Tenant, and/or (ii) the Original Premises from and after the “Rent Commencement Date” under the Lease, as same may be accelerated pursuant to the terms and conditions thereof. 4.5 Tenant confirms and ratifies that, to the best of its knowledge as of the date hereof, (a) Landlord is not in default (beyond any applicable notice and grace period provided in the Lease for the cure thereof) of any monetary obligation of Landlord under the Lease with respect to which Tenant has delivered to Landlord an invoice, and (b) Tenant has not delivered to Landlord any written notice of default of any non-monetary obligation of Landlord under the Lease, where such default remains uncured. 4.6 Landlord has submitted a copy of this Agreement to ▇▇▇▇▇ Fargo Bank, N.A., as Trustee for the Registered Certificate Holders of UBS Commercial Mortgage Securities Trust 2007-FL1, Commercial Mortgage Pass-Through Certificates, Series 2007-FL1 under that certain Pooling and Servicing Agreement dated as of Dece...