Common use of TENANT ESTOPPEL CERTIFICATE Clause in Contracts

TENANT ESTOPPEL CERTIFICATE. Tenant shall from time to time, within ten (10) days after Landlord's request or that of any mortgagee of Landlord, execute, acknowledge and deliver to Landlord a written instrument in recordable form, substantially in the form attached hereto as Exhibit E --------- (a "Tenant Estoppel Certificate"), certifying (i) that this Lease is in full force and effect and has not been modified, supplemented or amended (or, if there have been modifications, supplements or amendments, that it is in full force and effect as modified, supplemented or amended, and stating such modifications, supplements and amendments); (ii) the dates to which Fixed Basic Rent and Additional Rent and any other charges arising hereunder have been paid; (iii) the amount of any prepaid rents or credits due Tenant, if any; (iv) if applicable, that Tenant has accepted possession and has entered into occupancy of the Premises, and certifying the Occupancy Date and the Rent Commencement Date and the Termination Date; (v) whether or not, to the best of the Tenant's knowledge, all conditions under the Lease to be performed by Landlord prior thereto have been satisfied and whether or not Landlord is then in default in the performance of any covenant, agreement or condition contained in this Lease and specifying each, if any, unsatisfied condition and each, if any, default of which Tenant may have knowledge; and (vi) any other fact or condition not otherwise determinable from the text of the Lease reasonably requested. Any certification delivered pursuant to the provisions of this Article shall be intended to be relied upon by Landlord and any mortgagee or prospective mortgagee or purchaser of the Property or of any interest therein. Notwithstanding the foregoing, Tenant's failure to furnish a Tenant Estoppel Certificate within said ten (10) day period shall constitute a default under this Lease. Tenant shall only be obligated to provide one (1) Tenant Estoppel Certificate in any twelve (12) month period except in the case of a sale of the Property or a financing in connection with the Property in which case Tenant shall be obligated to deliver such Tenant Estoppel Certificates as it may be requested irrespective of the number of times so requested in any twelve (12) month period.

TENANT ESTOPPEL CERTIFICATE. Tenant shall from time to time, within ten fifteen (1015) days after Landlord's request or that of any mortgagee of Landlord, execute, acknowledge and deliver to Landlord a written instrument in recordable form, substantially in the form attached hereto as Exhibit E --------- (a "Tenant Estoppel Certificate"), certifying (i) that this Lease is in full force and effect and has not been modified, supplemented or amended (or, if there have been modifications, supplements or amendments, that it is in full force and effect as modified, supplemented or amended, and stating such modifications, supplements and amendments); (ii) the dates to which Fixed Basic Rent and Additional Rent and any other charges arising hereunder have been paid; (iii) the amount of any prepaid rents or credits due Tenant, if any; (iv) if applicable, that Tenant has accepted possession and has entered into occupancy of the Premises, and certifying the Occupancy Date and the Rent Commencement Date and the Termination Date; (v) whether or not, to the best of the Tenant's knowledge, all conditions under the Lease to be performed by Landlord prior thereto have been satisfied and whether or not Landlord is then in default in the performance of any covenant, agreement or condition contained in this Lease and specifying each, if any, unsatisfied condition and each, if any, default of which Tenant may have knowledge; and (vi) any other fact or condition not otherwise determinable from the text of related to the Lease or the Tenant reasonably requested. Any certification delivered pursuant to the provisions of this Article shall be intended to be relied upon by Landlord and any mortgagee or prospective mortgagee or purchaser of the Property or of any interest therein. Notwithstanding the foregoing, Tenant's failure to furnish a Tenant Estoppel Certificate within said ten fifteen (1015) day period shall constitute a default an Event of Default under this Lease. Tenant shall only be obligated to provide one (1) Tenant Estoppel Certificate in any twelve (12) month period except in the case of a sale of the Property or a financing in connection with the Property in which case Tenant shall be obligated to deliver such Tenant Estoppel Certificates as it may be requested irrespective of the number of times so requested in any twelve (12) month period.

TENANT ESTOPPEL CERTIFICATE. a) Tenant shall from time to time, within ten (10) days after Landlord's request or that of any mortgagee of Landlord, execute, acknowledge and deliver to Landlord a written instrument in recordable form, substantially in the form attached hereto as Exhibit E --------- (a "Tenant Estoppel Certificate"), --------- certifying (i) that this Lease is in full force and effect and has not been modified, supplemented or amended (or, if there have been modifications, supplements or amendments, that it is in full force and effect as modified, supplemented or amended, and stating such modifications, supplements and amendments); (ii) the dates to which Fixed Basic Rent and Additional Rent and any other charges arising hereunder have been paid; (iii) the amount of any prepaid rents or credits due Tenant, if any; (ivlv) if applicable, that Tenant has accepted possession and has entered into occupancy of the Premises, and certifying the Occupancy Date and the Rent Commencement Date and the Termination Date; (v) whether or not, not to the best of the Tenant's knowledge, all conditions under the Lease to be performed by Landlord prior thereto have been satisfied and whether or not Landlord is then in default in the performance of any covenant, agreement or condition contained in this Lease and specifying each, if any, unsatisfied condition and each, if any, default of which Tenant may have knowledge; and (vi) any other fact or condition not otherwise determinable from the text of the Lease reasonably requested. Any certification delivered pursuant to the provisions of this Article shall be intended to be relied upon by Landlord and any mortgagee or prospective mortgagee or purchaser of the Property of any interest therein. b) The failure of Tenant to execute, acknowledge and deliver to Landlord a written Tenant Estoppel Certificate in accordance with the provisions of this Section 38 within said ten (10) day period shall constitute an acknowledgment by Tenant, which may be relied upon by any mortgagee or prospective mortgagee or any purchaser of the Property or of any interest therein, that this Lease has not been modified, supplemented or amended except as set forth in landlord's request, and is in full force and effect (or in full force and effect as so modified, supplemented or amended), that the Base Rent, Additional Rent and any other charges arising hereunder have not been paid beyond the respective due dates immediately preceding the date of such request, that Tenant has no right of set-off or other defense to this Lease and of the truth of such other facts and conditions as shall have been requested to be certified, and shall constitute, as to any person entitled to rely as aforesaid, a waiver of any defaults which may exist prior to the date of such request. Notwithstanding the foregoing, Tenant's failure to furnish a Tenant Estoppel Certificate within said ten (10) day period shall constitute a default under this Lease. Tenant shall only be obligated to provide one (1) Tenant Estoppel Certificate in any twelve (12) month period except in the case of a sale of the Property or a financing in connection with the Property in which case Tenant shall be obligated to deliver such Tenant Estoppel Certificates as it may be requested irrespective of the number of times so requested in any twelve (12) month period.this

TENANT ESTOPPEL CERTIFICATE. a) Tenant shall from time to time, within ten five (105) days after Landlord's request or that of any mortgagee of Landlord, execute, acknowledge and deliver to Landlord a written instrument in recordable form, substantially in the form attached hereto as Exhibit E --------- (a "Tenant Estoppel Certificate"), certifying (i) that this Lease is in full force and effect and has not been modified, supplemented or amended (or, if there have been modifications, supplements or amendments, that it is in full force and effect as modified, supplemented or amended, and stating such modifications, supplements and amendments); (ii) the dates to which Fixed Basic Rent and Additional Rent and any other charges arising hereunder have been paid; (iii) the amount of any prepaid rents or credits due Tenant, if any; (iv) if applicable, that Tenant has accepted possession and has entered into occupancy of the Premises, and certifying the Occupancy Date and the Rent Commencement Date and the Termination Date; (v) whether or not, to the best of the Tenant's knowledge, all conditions under the Lease to be performed by Landlord prior thereto have been satisfied and whether or not Landlord is then in default in the performance of any covenant, agreement or condition contained in this Lease and specifying each, if any, unsatisfied condition and each, if any, default of which Tenant may have knowledge; and (vi) any other fact or condition not otherwise determinable from the text of the Lease reasonably requested. Any certification delivered pursuant to the provisions of this Article shall be intended to be relied upon by Landlord and any mortgagee or prospective mortgagee or purchaser of the Property or of any interest therein. b) The failure of Tenant to execute, acknowledge and deliver to Landlord a written Tenant Estoppel Certificate in accordance with the provisions of this Section 43 within said five (5) day period shall constitute an acknowledgment by Tenant, which may be relied upon by any mortgagee or prospective mortgagee or any purchaser of the Property or of any interest therein, that this Lease has not been modified, supplemented or amended except as set forth in landlord's request, and is in full force and effect (or in full force and effect as so modified, supplemented or amended), that the Base Rent, Additional Rent and any other charges arising hereunder have not been paid beyond the respective due dates immediately preceding the date of such request, that Tenant has no right of set-off or other defense to this Lease and of the truth of such other facts and conditions as shall have been requested to be certified, and shall constitute, as to any person entitled to rely as aforesaid, a waiver of any defaults which may exist prior to the date of such request. Notwithstanding the foregoing, Tenant's failure to furnish a Tenant Estoppel Certificate within said ten five (105) day period shall constitute a default under this Lease. Tenant shall only be obligated to provide one (1) Tenant Estoppel Certificate in any twelve (12) month period except in the case of a sale of the Property or a financing in connection with the Property in which case Tenant shall be obligated to deliver such Tenant Estoppel Certificates as it may be requested irrespective of the number of times so requested in any twelve (12) month period.

TENANT ESTOPPEL CERTIFICATE. a) Tenant shall from time to time, within ten five (105) days after Landlord's request or that of any mortgagee of Landlord, execute, acknowledge and deliver to Landlord a written instrument in recordable form, substantially in the form attached hereto as Exhibit E --------- D (a "Tenant Estoppel Certificate"), certifying (i) that this Lease is in full force and effect and has not been modified, supplemented or amended (or, if there have been modifications, supplements or amendments, that it is in full force and effect as modified, supplemented or amended, and stating such modifications, supplements and amendments); (ii) the dates to which Fixed Basic Rent and Additional Rent and any other charges arising hereunder have been paid; (iii) the amount of any prepaid rents or credits due Tenant, if any; (iv) if applicable, that Tenant has accepted possession and has entered into occupancy of the Premises, and certifying the Occupancy Date and the Rent Commencement Date and the Termination Date; (v) whether or not, to the best of the Tenant's knowledge, all conditions under the Lease to be performed by Landlord prior thereto have been satisfied and whether or not Landlord is then in default in the performance of any covenant, agreement or condition contained in this Lease and specifying each, if any, unsatisfied condition and each, if any, default of which Tenant may have knowledge; and (vi) any other fact or condition not otherwise determinable from the text of the Lease reasonably requested. Any certification delivered pursuant to the provisions of this Article shall be intended to be relied upon by Landlord and any mortgagee or prospective mortgagee or purchaser of the Property or of any interest therein. b) The failure of Tenant to execute, acknowledge and deliver to Landlord a written Tenant Estoppel Certificate in accordance with the provisions of this Section 39 within said ten (5) day period shall constitute an acknowledgment by Tenant, which may be relied upon by any mortgagee or prospective mortgagee or any purchaser of the Property or of any interest therein, that this Lease has not been modified, supplemented or amended except as set forth in landlord's request, and is in full force and effect (or in full force and effect as so modified, supplemented or amended), that the Base Rent, Additional Rent and any other charges arising hereunder have not been paid beyond the respective due dates immediately preceding the date of such request, that Tenant has no right of set-off or other defense to this Lease and of the truth of such other facts and conditions as shall have been requested to be certified, and shall constitute, as to any person entitled to rely as aforesaid, a waiver of any defaults which may exist prior to the date of such request. Notwithstanding the foregoing, Tenant's failure to furnish a Tenant Estoppel Certificate within said ten five (105) day period shall constitute a default under this Lease. Tenant shall only be obligated to provide one (1) Tenant Estoppel Certificate in any twelve (12) month period except in the case of a sale of the Property or a financing in connection with the Property in which case Tenant shall be obligated to deliver such Tenant Estoppel Certificates as it may be requested irrespective of the number of times so requested in any twelve (12) month period.

TENANT ESTOPPEL CERTIFICATE. Tenant shall from time to timeUpon request, and within ten fifteen (1015) days after Landlord's request Business Days written notice given by or that of any mortgagee on behalf of Landlord, execute, acknowledge Tenant shall execute and deliver to Landlord Landlord, as appropriate, a written instrument in recordable form, substantially in the form attached hereto as Exhibit E --------- (a "Tenant Estoppel Certificate"), certifying Certificate which: (ia) certifies that this Lease is unmodified and in full force and effect (or if there have been modifications, that the Lease is in full force and effect and has not been modified, supplemented or amended (or, if there have been modifications, supplements or amendments, that it is in full force and effect as modified, supplemented or amended, modified and stating such the modifications, supplements and amendments); (iib) states whether Tenant has taken possession of the Premises; (c) states whether Tenant has sublet all or any part of the Premises or assigned this Lease in whole or in part; (d) states whether any rent abatements exist under this Lease and the dates to which Fixed Basic Rent and Additional Rent and any other charges arising hereunder have the rent has been paidpaid by Tenant; (iiie) the amount of any prepaid rents or credits due Tenant, if any; (iv) if applicable, that Tenant has accepted possession and has entered into occupancy of the Premises, and certifying the Occupancy Date and the Rent Commencement Date and the Termination Date; (v) states whether or not, to the best knowledge of the Tenant's knowledge, all conditions under the Lease to be performed by Landlord prior thereto have been satisfied and whether or not Landlord is then in default in the performance of any covenant, agreement or condition contained in this Lease and specifying eachand, if anyso, unsatisfied condition and eachspecifying the nature of such default; (f) if any improvements are required to be performed by Landlord under this Lease, stating that all such work has been satisfactorily completed or, if anynot, default providing a list of which Tenant may have knowledgeitems excepted; (g) states the Lease Commencement Date, the rent commencement date and the scheduled expiration date of the Term; (h) states whether any security deposit has been posted; and (vii) states the address to which notices to Tenant are to be sent, it being intended that any other fact or condition not otherwise determinable from the text of the Lease reasonably requested. Any certification such statement delivered pursuant to the provisions of this Article shall be intended to hereto may be relied upon by others with whom Landlord and any mortgagee or prospective mortgagee or purchaser of the Property or of any interest thereinmay be dealing. Notwithstanding the foregoing, Tenant's ’s failure to furnish a execute and deliver the Tenant Estoppel Certificate within said ten fifteen (1015) day period shall constitute a default under this Lease. Tenant shall only be obligated to provide one Business Days following demand shall, if such failure continues for five (15) Tenant Estoppel Certificate in any twelve (12) month period except in the case days following Tenant’s receipt of a sale second demand from Landlord, constitute an Event of the Property or a financing in connection with the Property in which case Tenant shall be obligated to deliver such Tenant Estoppel Certificates as it may be requested irrespective of the number of times so requested in any twelve (12) month periodDefault.

TENANT ESTOPPEL CERTIFICATE. a. Tenant shall from time to time, within ten five (105) days after Landlord's request or that of any mortgagee of Landlord, execute, acknowledge and deliver to Landlord a written instrument in recordable form, substantially in the form attached hereto as Exhibit E --------- (a "Tenant Estoppel Certificate"), certifying (i) that this Lease is in full force and effect and has not been modified, supplemented or amended (or, if there have been modifications, supplements or amendments, that it is in full force and effect as modified, supplemented or amended, and stating such modifications, supplements and amendments); (ii) the dates to which Fixed Basic Rent and Additional Rent and any other charges arising hereunder have been paid; (iii) the amount of any prepaid rents or credits due Tenant, if any; (iv) if applicable, that Tenant has accepted possession and has entered into occupancy of the Premises, and certifying the Occupancy Date and the Rent Commencement Date and the Termination Date; (v) whether or not, to the best of the Tenant's knowledge, all conditions under the Lease to be performed by Landlord prior thereto have been satisfied and whether or not Landlord is then in default in the performance of any covenant, agreement or condition contained in this Lease and specifying each, if any, unsatisfied condition and each, if any, default of which Tenant may have knowledge; and (vi) any other fact or condition not otherwise determinable from the text of the Lease reasonably requested. Any certification delivered pursuant to the provisions of this Article shall be intended to be relied upon by Landlord and any mortgagee or prospective mortgagee or purchaser of the Property or of any interest therein. b. The failure of Tenant to execute, acknowledge and deliver to Landlord a written Tenant Estoppel Certificate in accordance with the provisions of this Section 38 within said five (5) day period shall constitute an acknowledgment by Tenant, which may be relied upon by any mortgagee or prospective mortgagee or any purchaser of the Property or of any interest therein, that this Lease has not been modified, supplemented or amended except as set forth in landlord's request, and is in full force and effect (or in full force and effect as so modified, supplemented or amended), that the Base Rent, Additional Rent and any other charges arising hereunder have not been paid beyond the respective due dates immediately preceding the date of such request, that Tenant has no right of set off or other defense to this Lease and of the truth of such other facts and conditions as shall have been requested to be certified, and shall constitute, as to any person entitled to rely as aforesaid, a waiver of any defaults which may exist prior to the date of such request. Notwithstanding the foregoing, Tenant's failure to furnish a Tenant Estoppel Certificate within said ten five (105) day period shall constitute a default under this Lease. Tenant shall only be obligated to provide one (1) Tenant Estoppel Certificate in any twelve (12) month period except in the case of a sale of the Property or a financing in connection with the Property in which case Tenant shall be obligated to deliver such Tenant Estoppel Certificates as it may be requested irrespective of the number of times so requested in any twelve (12) month period.