Common use of STATEMENT OF PERFORMANCE Clause in Contracts

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. Tenant agrees at any time and from time to ------------------------ time, upon not less than ten (10) days’ ' prior written request by LandlordXxxxxxxx, 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 Paragraph may be relied upon by any prospective purchaser of all or any portion of Landlord’s 's interest herein or a holder of any mortgage or deed of trust encumbering the BuildingBuilding Complex. Tenant’s '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 's performance; and (iii) not more that than one (1) month’s '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. Tenant agrees at any time and from fiom 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 certifymg 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 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 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 BuildingBuilding Complex. 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 than 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. Tenant agrees at any time and from time to time, upon not less than ten (10) days’ 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 's interest herein or a holder of any mortgage or deed of trust encumbering the BuildingBuilding and/or Building Complex. Tenant’s '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 's performance; and (iii) not more that one (1) month’s '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. 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 fall force and effect (or, if there have been modifications, that the same is in full fall force and and. effect as modified and stating the modifications), that there 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 Paragraph may be relied upon by any prospective purchaser of all or any portion of Landlord’s 's interest herein or a holder of any mortgage or deed of trust encumbering the BuildingShopping Center. Tenant’s '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 's performance; and (iii) not more that than one (1) month’s 's rent has been paid in advance. Further, upon request, Tenant will supply to Landlord a corporate or partnership resolution, as -26- 28 the case may be, certifying that the party signing said statement of Tenant is properly authorized to do so.