Common use of STATEMENT OF PERFORMANCE Clause in Contracts

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.

Appears in 2 contracts

Samples: Lease Agreement (Texas Republic Capital Corp), Lease Agreement (Texas Republic Capital Corp)

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STATEMENT OF PERFORMANCE. 25.1 Not more than one (1) time per month, 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 's interest or Mortgagee. Tenant’s 's failure to timely deliver such statement is conclusive upon Tenant that: (ai) this Lease is in full force and effect without modification except as may be represented by Landlord; (bii) there are no uncured defaults in Landlord’s 's performance; and (ciii) not more than one (1) 1 month’s '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.

Appears in 1 contract

Samples: Lease Agreement (Directed Electronics, Inc.)

STATEMENT OF PERFORMANCE. 25.1 Tenant agrees at any time (but in no event more than three (3) times in any twelve (12) consecutive month period) upon not less than 10 business 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 's interest or Mortgagee. Tenant’s 's failure to timely deliver such statement is conclusive upon Tenant that: ; (ai) this Lease is in full force and effect without modification except as may be represented by Landlord; (bii) there are no uncured defaults in Landlord’s 's performance; and (ciii) not more than one (1) 1 month’s '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.

Appears in 1 contract

Samples: Office Lease (Cross Country Healthcare Inc)

STATEMENT OF PERFORMANCE. 25.1 Tenant agrees at any time upon not less ------------------------ than 10 business 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 's interest or Mortgagee. Tenant’s 's failure to timely deliver such statement is conclusive upon Tenant that: (ai) this Lease is in full force and effect without modification except as may be represented by Landlord; (bii) there are no uncured defaults in Landlord’s 's performance; and (ciii) not more than one (1) 1 month’s '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.

Appears in 1 contract

Samples: 8 Lease Agreement (Digimarc Corp)

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 's interest or Mortgagee. Tenant’s 's failure to timely deliver such statement is conclusive upon Tenant that: (ai) this Lease is in full force and effect without modification except as may be represented by Landlord; (bii) there are no uncured defaults in Landlord’s 's performance; and (ciii) not more than one (1) 1 month’s '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. Any such statement shall be substantially in the form attached hereto as Exhibit G with such additional provisions or changes as may be reasonably required by the party intending to rely on such statement.

Appears in 1 contract

Samples: Office Lease (Onepoint Communications Corp /De)

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STATEMENT OF PERFORMANCE. 25.1 Tenant agrees and Landlord agree at any time upon not less than 10 business days' written notice to execute and deliver to Landlord the requesting 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 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 relating to the Lease as Landlord the requesting party requests. Such statement from Tenant may be relied upon by a prospective purchaser of Landlord’s 's interest or Mortgagee. Tenant’s The failure of either party when requested to timely deliver such statement is conclusive upon Tenant the failing party that: (ai) this Lease is in full force and effect without modification except as may be represented by Landlordthe requesting party; (bii) there are no uncured defaults in Landlord’s the requesting party's performance; and (ciii) not more than one (1) 1 month’s 's Rent has been paid in advance. Upon request, Tenant the certifying party will furnish Landlord an appropriate resolution certificate confirming that the party signing the statement is authorized to do so.

Appears in 1 contract

Samples: Office Lease (Savvis Communications Corp)

STATEMENT OF PERFORMANCE. 25.1 Tenant agrees at any time upon not less than 10 days’ two (2) weeks' notice to execute and deliver to Landlord or Mortgagee 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 or Mortgagee requests. Such statement shall be in the form attached hereto as Exhibit F. Such statement may be relied upon by a prospective purchaser of Landlord’s 's interest or Mortgagee. Tenant’s 's failure to timely deliver such statement is conclusive upon Tenant that: (ai) this Lease is in full force and effect without modification except as may be represented by Landlord; (bii) there are no uncured defaults in Landlord’s 's performance; and (ciii) not more than one (1) month’s '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.

Appears in 1 contract

Samples: Net Lease Agreement (Heska Corp)

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