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. 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. 25.1 27.1 Tenant agrees at any time upon not less than 10 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 Landlord or Tenant and no event which with the giving of notice or passage of timeTenant, or bothto Tenant’s actual knowledge, would constitute such a default 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. 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 27.2 Landlord under the Lease, or if requested by Landlord’s mortgagee(s), within agrees at any time upon not less than ten (10) days of request thereofdays’ 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 shall furnish Landlord with: (a) then-most recently prepared financial statements (includingor, without limitationif there have been defaults, its most recent balance sheet, year-to-date operating statement and profit and loss statement) reflecting Tenant’s financial condition as of setting forth the nature thereof); the date of to which Rent has been paid in advance and such statementsother information as Tenant reasonably requests. Such statement may be relied upon by third parties. Upon request, and (b) written evidence of ownership and management of TenantLandlord will furnish Tenant an appropriate resolution confirming that the party signing the statement is authorized to do so.

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 (a) stating 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 (b) stating whether or not, to the best knowledge of Tenant (but without the requirement of an independent investigation), there have been no any defaults by Landlord or Tenant and no any 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); (c) stating the date to which Rent has been paid in advance advance; and (d) such other information as Landlord reasonably requests, none of which shall modify the Lease. Such statement may be relied upon by a prospective purchaser of Landlord’s 's interest or Mortgagee. If Tenant fails to respond to Landlord within such 10 day period and Tenant also fails to respond to Landlord within 5 days after Tenant’s 's receipt of a second written request for Tenant's approval, which second request states in bold capital letters that Tenant's failure to timely deliver such statement is conclusive upon respond as required by Section 26 of the Lease shall be deemed an Event of Default under the Lease if Tenant that: (a) this Lease is fails to respond in full force and effect without modification except as may 5 days, then an Event of Default shall 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 advancedeemed to have occurred hereunder. Upon request, Tenant will furnish Landlord an appropriate resolution confirming that the party signing the statement is authorized to do so. 25.2 Additionally. Landlord agrees, upon not less than 15 days prior notice by Tenant, to execute, acknowledge and deliver to Tenant a statement in writing (i) certifying that this Lease has been unmodified since its execution and is in full force and effect (or if there have been modifications, that the Lease is in full force and effect, as modified, and stating the modifications), (ii) stating the dates, if Tenant is in an Event of Defaultany, seeking relief from Landlord under to which the Lease, or if requested rent and sums hereunder have been paid 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 (biii) written evidence stating whether or not to the actual knowledge of ownership and management of TenantLandlord, without independent investigation or inquiry, there are then existing any defaults under this Lease (and, if so, specifying the same). Such statement may be relied upon by any approved, prospective assignee or subtenant.

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. 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.