STATEMENT OF PERFORMANCE. Tenant agrees at any time upon not less than 10 days' notice to execute and deliver to Landlord a written statement certifying that this Lease is unmodified and in full force and effect (or, if there have been modifications, that the same is in full force and effect as modified stating the modifications); that there have been no defaults by Landlord or Tenant (or, if there have been defaults, setting forth the nature thereof); the date to which Rent has been paid in advance and such other information as Landlord requests. Such statement may be relied upon by a prospective purchaser of Landlord's interest or Mortgagee. Tenant's failure to timely deliver such statement is conclusive upon Tenant that: (i) this Lease is in full force and effect without modification except as may be represented by Landlord; (ii) there are no uncured defaults in Landlord's performance; and (iii) not more than 1 month's Rent has been paid in advance. Upon request, Tenant will furnish Landlord an appropriate resolution confirming that the party signing the statement is authorized to do so.
STATEMENT OF PERFORMANCE. Overall Service Delivery
STATEMENT OF PERFORMANCE. Each party agrees at any time and from time to time, to execute and deliver to the other, within twenty (20) days following a request therefor, a statement in writing certifying that this Lease is in full force and effect, and unmodified (or specifying any modifications), that the requesting party is not in default hereunder (or specifying any alleged defaults by the requesting party), and any further information about this Lease or the Premises which the requesting party may reasonably request. Each party understands that prospective purchasers, mortgagees or lessors of the Building and prospective assignees of this Lease or prospective subleases or occupants of the Building will rely on such certificates. Any failure by either party to respond to a request within twenty (20) days after receipt of the request shall constitute an admission that the matters set forth in the requested certificate are true.
STATEMENT OF PERFORMANCE. 25.1 Tenant agrees at any time upon not less than 10 days’ notice to execute and deliver to Landlord a written statement certifying that this Lease is unmodified and in full force and effect (or, if there have been modifications, that the same is in full force and effect as modified stating the modifications); that there have been no defaults by Landlord or Tenant and no event which with the giving of notice or passage of time, or both, would constitute such a default (or, if there have been defaults, setting forth the nature thereof); the date to which Rent has been paid in advance and such other information as Landlord requests. Such statement may be relied upon by a prospective purchaser of Landlord’s interest or Mortgagee. Tenant’s failure to timely deliver such statement is conclusive upon Tenant that: (a) this Lease is in full force and effect without modification except as may be represented by Landlord; (b) there are no uncured defaults in Landlord’s performance; and (c) not more than one (1) month’s Rent has been paid in advance. Upon request, Tenant will furnish Landlord an appropriate resolution confirming that the party signing the statement is authorized to do so.
25.2 Additionally, if Tenant is in an Event of Default, seeking relief from Landlord under the Lease, or if requested by Landlord’s mortgagee(s), within ten (10) days of request thereof, Tenant shall furnish Landlord with: (a) then-most recently prepared financial statements (including, without limitation, its most recent balance sheet, year-to-date operating statement and profit and loss statement) reflecting Tenant’s financial condition as of the date of such statements, and (b) written evidence of ownership and management of Tenant.
STATEMENT OF PERFORMANCE. 16 27. MISCELLANEOUS................................................................................. 16 28.
STATEMENT OF PERFORMANCE. Tenant agrees at any time and from time to time, upon not less than ten (10) days’ prior written request by Landlord, to execute, acknowledge, and deliver to Landlord a statement in writing certifying that this Lease is unmodified and in full force and effect (or, if there have been modifications, that the same is in full force and effect as modified and stating the modifications), that there have been no defaults thereunder by Landlord or Tenant (or, if there have been defaults, setting forth the nature thereof), the date to which the rent and other charges have been paid in advance, if any, and such other information as Landlord may request. It is intended that any such statement delivered pursuant to this paragraph may be relied upon by any prospective purchaser of all or any portion of Landlord’s interest herein or a holder of any mortgage or deed of trust encumbering the Building. Tenant’s failure to deliver such statement within such time shall be conclusive upon Tenant that: (i) this Lease is in full force and effect, without modification except as may be represented by Landlord; (ii) there are no uncured defaults in Landlord’s performance; and (iii) not more that one (1) month’s rent has been paid in advance. Further, upon request, Tenant will supply to Landlord a corporate or partnership resolution, as the case may be, certifying that the party signing said statement of Tenant is properly authorized to do so.
STATEMENT OF PERFORMANCE. 15 27. MISCELLANEOUS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
STATEMENT OF PERFORMANCE. 27.1 Tenant agrees at any time upon not less than ten (10) days’ written notice to execute and deliver to Landlord a written statement certifying that this Lease is unmodified and in full force and effect (or, if there have been modifications, that the same is in full force and effect as modified and stating the modifications); that there have been no defaults by Tenant, or to Tenant’s actual knowledge, Landlord (or, if there have been defaults, setting forth the nature thereof); the date to which Rent has been paid in advance and such other information as Landlord reasonably requests. Such statement may be relied upon by a prospective purchaser of Landlord’s interest or Mortgagee.
27.2 Landlord agrees at any time upon not less than ten (10) days’ written notice to execute and deliver to Tenant a written statement certifying that this Lease is unmodified and in full force and effect (or, if there have been modifications, that the same is in full force and effect as modified and stating the modifications); that there have been no defaults by Landlord, or to Landlord’s actual knowledge, Tenant (or, if there have been defaults, setting forth the nature thereof); the date to which Rent has been paid in advance and such other information as Tenant reasonably requests. Such statement may be relied upon by third parties.
STATEMENT OF PERFORMANCE. Tenant and Landlord each agree at any time upon not less than 10 days' notice to execute and deliver to the other party a written statement certifying that this Lease is unmodified and in full force and effect (or, if there have been modifications, that the same is in full force and effect as modified stating the modifications); that there have been no defaults by Landlord or Tenant (or, if there have been defaults, setting forth the nature thereof); the date to which Rent has been paid in advance and such other information as the requesting party reasonably requests. Such statement may be relied upon by a prospective purchaser of Landlord's interest or Mortgagee. Either party's failure to timely deliver such statement is conclusive upon such party that: (i) this Lease is in full force and effect without modification except as may be represented by the requesting party; (ii) there are no uncured defaults in the other party's performance; and (iii) not more than 1 month's Rent has been paid in advance. Upon request, Tenant and Landlord will furnish to the other party an appropriate resolution confirming that the party signing the statement is authorized to do so.
STATEMENT OF PERFORMANCE. That the PARTIES shall work collectively to accomplish the goals of DBS and fully implement the strategic priorities and major activities outlined in the PRIME GRANT. The PARTIES understand that DBS is a capacity building and training initiative and agree to conduct program development, capacity building, and training activities including:
1) Development of new programs and alignment of existing programs using industry-driven curriculum and stackable certificate models aligned to employer identified credentials in advanced manufacturing, transportation/logistics, or engineering,
2) Agreement to use the following core framework and metrics to ensure the implementation of the core elements of the program design identified in the PRIME GRANT agreement statement of work:
a. Integrated program design,
b. Cohort enrollment into linked courses,
c. block scheduling, dynamic scheduling, and compressed instructional formats,
d. Contextualized Basic Skills including math, English, and digital literacy,
e. Use of transformative technology and technology enabled learning strategies, f. Increased transparency, accountability, and labor market relevance,
g. Innovative student support services and assessment including multiple assessment measures, student portfolios, expanded and contextualized counseling strategies, and embedded social and workforce services.
3) Participation in regional capacity building that supports articulation across the community colleges and aligns core competencies, credentialing, and curriculum by industry cluster and sector,
4) Planning and support for creation of a stronger East Bay workforce intermediary system in partnership with industry, our constituent workforce boards, and other stakeholders that improves integration of employer engagement, funding, service delivery, placement, and evaluation,
5) Participation in a third party evaluation that includes provision of student identifiers and other data required for the four year formative and summative evaluation of DBS and that includes commonly identified progress measures to improve retention, completion and reduce time to completion across the project