Common use of Status Reports and Financial Statements Clause in Contracts

Status Reports and Financial Statements. Recognizing that the parties hereto may find it necessary to establish to third parties, such as accountants, banks, potential or existing mortgagees, potential purchasers or the like, the then current status of performance hereunder, each party (the “Non Requesting Party”) on the request of the other party (the “Requesting Party”) made from time to time, will promptly furnish to the Requesting Party, addressed to any existing or potential holder of any mortgage encumbering the Premises, the Buildings, the Site and/or the Complex or any potential purchaser of the Premises, the Buildings, the Site and/or the Complex (each an “Interested Party”) a statement of the status of any reasonable matter pertaining to this Lease, including, without limitation, acknowledgments that (or the extent to which) each party is in compliance with its obligations under the terms of this Lease; provided, however, that in the event that either party is requested to provide more than one (1) such statement in any twelve (12) month period, the Requesting Party shall be responsible for the payment of all reasonable costs incurred by the Non-Requesting Party in providing such statements, including, without limitation, attorneys’ fees In addition, unless and for so long as Tenant is not a publicly traded entity with financial statements that are freely available to the public which are certified to the governmental regulatory authorities, Tenant shall deliver to Landlord, or any Interested Party designated by Landlord, financial statements of Tenant, as reasonably requested by Landlord including, but not limited to, financial statements for the past three (3) years, provided, however, that Landlord, or such Interested Party, as the case may be, executes and delivers to Tenant a confidentiality agreement in form and substance satisfactory to Tenant. Any such status statement or non-publicly available financial statement delivered by Tenant pursuant to this Section 9.15 may be relied upon by any Interested Party.

Status Reports and Financial Statements. Recognizing that the parties hereto Landlord or Tenant may find it necessary to establish to third parties, such as accountants, banks, potential or existing mortgagees, potential purchasers or the like, the then current status of performance hereunder, each party Tenant or Landlord (the “Non Requesting Certifying Party”) ), on the request of the other party of Landlord or Tenant (the “Requesting Party”) ), made from time to time, will promptly furnish to the Requesting Party, addressed to or any existing or potential holder of any mortgage encumbering the Premises, the BuildingsBuilding, the Site and/or the Complex or any potential purchaser of the Premises, the BuildingsBuilding, the Site and/or the Complex or, if Tenant is the Requesting Party, a potential or existing investor or lender, or prospective acquirer of Tenant’s assets or capital stock (each an “Interested Party”) ), a statement of the status of any reasonable matter pertaining to this Lease, including, without limitation, acknowledgments that (or the extent to which) each party is in compliance with its obligations under the terms of this Lease; provided, however, that in the event that either party is requested to provide more than one (1) such statement in any twelve (12) month period, the Requesting Party shall be responsible for the payment of all reasonable costs incurred by the Non-Requesting Party in providing such statements, including, without limitation, attorneys’ fees . In addition, unless and for so long as Tenant is not a publicly traded entity with financial statements that are freely available to the public which are certified to the governmental regulatory authorities, Tenant shall deliver to Landlord, or any Interested Party designated by Landlord, financial statements of Tenant and any guarantor of Tenant’s obligations under this Lease, as reasonably requested by Landlord Landlord, including, but not limited to, to financial statements for the past three (3) years, provided, however, that Landlord, or such Interested Party, as the case may be, executes and delivers to Tenant a confidentiality agreement in form and substance satisfactory to Tenant. Any such status statement or non-publicly available financial statement delivered by Tenant Certifying Party pursuant to this Section 9.15 (or any financial statement otherwise delivered by Certifying Party in connection with this Lease or any future amendment hereto) may be relied upon by any Interested Party.

Status Reports and Financial Statements. Recognizing that the parties hereto Landlord may find it necessary to establish to third parties, such as accountants, banks, potential or existing mortgagees, potential purchasers or the like, the then current status of performance hereunder, each party (the “Non Requesting Party”) Tenant, on the request of the other party (the “Requesting Party”) Landlord made from time to time, will promptly furnish to the Requesting PartyLandlord, addressed to or any existing or potential holder of any mortgage encumbering the Premises, the BuildingsBuilding, the Site and/or the Complex or any potential purchaser of the Premises, the BuildingsBuilding, the Site and/or the Complex Complex, (each an “Interested Party”) ), a statement of the status of any reasonable matter pertaining to this Lease, including, without limitation, acknowledgments that (or the extent to which) each party is in compliance with its obligations under the terms of this Lease; provided, however, that in the event that either party is requested to provide more than one (1) such statement in any twelve (12) month period, the Requesting Party shall be responsible for the payment of all reasonable costs incurred by the Non-Requesting Party in providing such statements, including, without limitation, attorneys’ fees . In addition, unless and for so long as Tenant is not a publicly traded entity with financial statements that are freely available to the public which are certified to the governmental regulatory authorities, Tenant shall deliver to Landlord, or any Interested Party designated by Landlord, financial statements of Tenant and any guarantor of Tenant’s obligations under this Lease, as reasonably requested by Landlord Landlord, including, but not limited to, to financial statements for the past three (3) years, provided, however, that Landlord, or such Interested Party, as the case may be, executes and delivers to Tenant a confidentiality agreement in form and substance satisfactory to Tenant. Any such status statement or non-publicly available financial statement delivered by Tenant pursuant to this Section 9.15 8.16 may be relied upon by any Interested Party.. With respect to financial statements of Tenant, the obligation of Tenant to deliver financial statements shall be deemed satisfied provided that Tenant is subject to the requirements of Section 13 or 15(d) of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), and Tenant has timely filed with the Securities and Exchange Commission all reports and other documents required to be filed pursuant to Section 13 or 15(d) of the Exchange Act, including, without limitation, all Forms 10-Q and Form 10-K.

Status Reports and Financial Statements. Recognizing that the parties hereto may find it necessary to establish to third parties, such as accountants, banks, potential or existing mortgagees, potential purchasers or the like, the then current status of performance hereunder, each party (the “Non Requesting Non‑Requesting Party”) on the request of the other party (the “Requesting Party”) made from time to time, will promptly furnish to the Requesting Party, addressed to any existing or potential holder of any mortgage encumbering the Premises, the Buildings, the Site and/or the Complex or any potential purchaser of the Premises, the Buildings, the Site and/or the Complex (each an “Interested Party”) a statement of the status of any reasonable matter pertaining to this Lease, including, without limitation, acknowledgments that (or the extent to which) each party is in compliance with its obligations under the terms of this Lease; provided, however, that in the event that either party is requested to provide more than one (1) such statement in any twelve (12) month period, the Requesting Party shall be responsible for the payment of all reasonable costs incurred by the Non-Requesting Party in providing such statements, including, without limitation, attorneys’ fees fees. In addition, unless and for so long as Tenant if Guarantor is not a publicly traded publicly‑traded entity with financial statements that are freely available to the public which are certified to the governmental regulatory authorities, Tenant shall deliver to Landlord, or any Interested Party designated by Landlord, financial statements of TenantGuarantor, as reasonably requested by Landlord including, but not limited to, financial statements for the past three (3) years, provided, however, that Landlord, or such Interested Party, as the case may be, executes and delivers to Tenant a confidentiality agreement in form and substance satisfactory to Tenant. Any such status statement or non-publicly and non‑publicly available financial statement statement, which shall be certified by Tenant’s executives to the same extent as publicly‑available financial statements of publicly‑traded entities, which are delivered by Tenant pursuant to this Section 9.15 may be relied upon by any Interested Party.