Common use of Tenant Estoppel Clause in Contracts

Tenant Estoppel. Tenant shall within fifteen (15) days following written request by Landlord: (i) Execute and deliver to Landlord any documents, including estoppel certificates, in the form prepared by Landlord (a) certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect and the date to which the Rent and other charges are paid in advance, if any, and (b) acknowledging that there are not, to Tenant's knowledge, any uncured defaults on the part of Landlord, or, if there are uncured defaults on the part of the Landlord, stating the nature of such uncured defaults, (c) evidencing the status of the Lease as may be required either by a lender making a loan to Landlord to be secured by deed of trust or mortgage covering the Premises or a purchaser of the Premises from Landlord, and (d) such other matters as may be reasonably requested by Landlord. Tenant's failure to deliver an estoppel certificate within fifteen (15) days after delivery of Landlord's written request therefor shall be conclusive upon Tenant (a) that this Lease is in full force and effect, without modification except as may be represented by Landlord, (b) that there are now no uncured defaults in Landlord's performance, and (c) that no Rent has been paid in advance. If Tenant fails to so deliver a requested estoppel certificate within the prescribed time it shall be conclusively presumed that this Lease is unmodified and in full force and effect except as represented by Landlord. (ii) Deliver to Landlord the current financial statements of Tenant, and financial statements of the two (2) years prior to the current financial statements year, with an opinion of a certified public accountant, including a balance sheet and profit and loss statement for the most recent prior year, all prepared in accordance with generally accepted accounting principles consistently applied.

Tenant Estoppel. Tenant shall within fifteen Within no more than ten (1510) days following after written request by Landlord, Tenant will execute, acknowledge, and deliver to landlord a certificate stating: (i) Execute and deliver to Landlord any documents, including estoppel certificates, in the form prepared by Landlord (a) certifying that this Lease is unmodified and in full force and effect effect, or, if the Lease is modified, stating the nature way in which it is modified accompanied by a copy of such the modification and certifying that this Lease, as so modified, is in full force and effect and agreement; (b) the date to which the Rent rental and other charges are paid in advancesums payable under this Lease have been paid; (c) that no notice has been received by Tenant of any default which has not been cured, or, if anythe default has not been cured, what Tenant intends to do in order to effect the cure, and when it will do so; (bd) acknowledging that there are not, to Tenant's knowledge, any uncured defaults on Tenant has accepted and occupied the part of Premises; (e) that Tenant has no claim or offset against Landlord, or, if there are uncured defaults on the part of the Landlordit does, stating the nature of such uncured defaults, (c) evidencing the status date of the Lease as may be required either by a lender making a loan assignment and assignee (if known to Landlord to be secured by deed of trust or mortgage covering the Premises or a purchaser of the Premises from Landlord, and Tenant); and (df) such other matters as may be reasonably requested by Landlord. Any certificate may be relied upon by any prospective purchaser of the Premises and any prospective mortgagee or beneficiary under any deed of trust or mortgage encumbering the Premises. If Landlord submits a completed certificate to Tenant's failure , and if Tenant fails to deliver an estoppel certificate object to its contents within fifteen (15) days after delivery its receipt of Landlord's written request therefor the completed certificate, the matters stated in the certificate will conclusively be deemed to be correct, and Tenant shall be conclusive upon Tenant (a) that this Lease is in full force and effect, without modification except as may be represented by pay to Landlord, in addition to all Rent and Additional Rent due hereunder, the sum of $150.00 per day for each day after the fifteen (b15) day period that there are now no uncured defaults in Landlord's performance, and (c) that no Rent has been paid in advance. If Tenant fails to so deliver provide a requested estoppel completed certificate. If the completed certificate is not delivered within the prescribed time it twenty (20) days of request form Landlord, such failure shall be conclusively presumed that this Lease is unmodified and in full force and effect except as represented by Landlordan event of default hereunder. (ii) Deliver to Landlord the current financial statements of Tenant, and financial statements of the two (2) years prior to the current financial statements year, with an opinion of a certified public accountant, including a balance sheet and profit and loss statement for the most recent prior year, all prepared in accordance with generally accepted accounting principles consistently applied.

Tenant Estoppel. Tenant shall within fifteen (15) days following written request by Landlord: (i) Execute Promptly upon Landxxxx'x xequest after Tenaxx xxx occupied the Premises, Tenaxx xxxl execute and deliver to Landlord any documents, including estoppel certificates, an Occupancy Estoppel Certificate in the form prepared of Exhibit C. In addition, Tenaxx xxxees that at any time and from time to time (but on not less than 15 days' prior written request by Landlord and not more than 3 times in any twelve (12) month period), Tenant will execute, acknowledge and deliver to Landlord a certificate indicating any or all of the following: (a) certifying the Commencement Date and Expiration Date; (b) that this Lease is unmodified and in full force and effect (or, if modifiedthere have been modifications, stating the nature of such modification and certifying that this Lease, as so modified, Lease is in full force and effect effect, as modified, and stating the date to which and nature of each modification); (c) the Rent and other charges are paid in advancedate, if any, through which Base Rent, Additional Rent and any other Rent payable have been paid; (bd) acknowledging that there are notno default by Landlord, to Tenant's actual knowledge, any uncured or Tenant exists which has not been cured, except as to defaults on stated in such certificate; (f) provided such events have occurred, that Tenaxx xxx accepted the part of Landlord, or, if there are uncured defaults on the part of the Landlord, stating the nature of such uncured defaults, (c) evidencing the status of the Lease as may be Premises and that all improvements required either by a lender making a loan to Landlord to be secured by deed of trust or mortgage covering made to the Premises or a purchaser of the Premises from Landlordby Landlord have been completed according to this Lease; (g) that, except as specifically stated in such certificate, Tenant, and only Tenant, currently occupies the Premises; and (dh) such other matters as may be reasonably requested by LandlordLandxxxx. Tenant's failure to deliver an estoppel Xxy such certificate within fifteen (15) days after delivery of Landlord's written request therefor shall be conclusive upon Tenant (a) that this Lease is in full force and effect, without modification except as may be represented relied upon by LandlordLandlord and any prospective purchaser or present or prospective mortgagee, (b) that there are now no uncured defaults in Landlord's performance, and (c) that no Rent has been paid in advance. If Tenant fails to so deliver deed of trust beneficiary or ground lessor of all or a requested estoppel certificate within the prescribed time it shall be conclusively presumed that this Lease is unmodified and in full force and effect except as represented by Landlord. (ii) Deliver to Landlord the current financial statements of Tenant, and financial statements portion of the two (2) years prior to the current financial statements year, with an opinion of a certified public accountant, including a balance sheet and profit and loss statement for the most recent prior year, all prepared in accordance with generally accepted accounting principles consistently appliedBuilding.

Tenant Estoppel. Within ten (10) business days following a request in writing by Landlord, Tenant shall within fifteen (15) days following written request by Landlord: (i) Execute execute, acknowledge and deliver to Landlord an estoppel certificate (or provide written comments to any documentsproposed certificate delivered by Landlord), including estoppel certificateswhich, as submitted by Landlord, shall be in the form prepared by Landlord (a) certifying of Exhibit E, attached hereto, indicating therein any exceptions thereto that this Lease is unmodified and in full force and effect or, if modified, stating the nature of such modification and certifying may exist at that this Lease, as so modified, is in full force and effect and the date to which the Rent and other charges are paid in advance, if anytime, and (b) acknowledging that there are not, to Tenant's knowledge, shall also contain any uncured defaults on the part of Landlord, or, if there are uncured defaults on the part of the Landlord, stating the nature of such uncured defaults, (c) evidencing the status of the Lease as may be required either by a lender making a loan to Landlord to be secured by deed of trust or mortgage covering the Premises or a purchaser of the Premises from Landlord, and (d) such other matters as may be factual information reasonably requested by Landlord or Landlord. Tenant's failure to deliver an estoppel certificate within fifteen (15) days after delivery of Landlord's written request therefor shall be conclusive upon Tenant (a) that this Lease is in full force and effect, without modification except as may be represented by Landlord, (b) that there are now no uncured defaults in Landlord's performance, and (c) that no Rent has been paid in advance’s mortgagee or prospective mortgagee. If Tenant fails to so timely execute, acknowledge and deliver a requested such estoppel certificate within the prescribed time it shall be conclusively presumed that this Lease is unmodified and in full force and effect except as represented (or provide written comments to any proposed certificate delivered by Landlord. ), Landlord may provide to Tenant a second written request with respect to such estoppel certificate which written notice must state in bold and all caps “FAILURE TO RESPOND TO THIS WRITTEN NOTICE WITHIN FIVE (ii5) Deliver BUSINESS DAYS AFTER RECEIPT HEREOF SHALL CONSTITUTE ACCEPTANCE OF AN ESTOPPEL CERTIFICATE”. If Tenant fails to execute and deliver such certificate (or provide written comments to any proposed certificate delivered by Landlord) within a five (5) business day period following the receipt of Landlord’s second written request therefor, such failure shall constitute an acceptance of the Premises and an acknowledgment by Tenant that statements included in the estoppel certificate are true and correct, without exception. Any such certificate may be relied upon by any prospective mortgagee or purchaser of all or any portion of the Project. If Tenant provides written comments to any estoppel certificate received from Landlord, then Tenant shall have five (5) business days following receipt of a revised estoppel certificate to execute, acknowledge and deliver to Landlord such revised estoppel certificate (or provide written comments to any such revised estoppel certificate delivered by Landlord) and the current financial statements of same process described above shall apply with respect to Tenant’s failure to timely execute, acknowledge and financial statements of the two deliver such revised estoppel certificate (2) years prior or provide written comments to the current financial statements year, with an opinion of a certified public accountant, including a balance sheet and profit and loss statement for the most recent prior year, all prepared in accordance with generally accepted accounting principles consistently appliedany proposed certificate delivered by Landlord).

Tenant Estoppel. Tenant shall within fifteen (15) days following written request by Landlord:. (i) Execute and deliver to Landlord any documents, including estoppel certificates, in the form prepared by Landlord (a) certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect and the date to which the Rent and other charges are paid in advance, if any, and (b) acknowledging that there are not, to Tenant's knowledge, any uncured defaults on the part of Landlord, or, if there are uncured defaults on the part of the Landlord, stating the nature of such uncured defaults, (c) evidencing the status of the Lease as may be required either by a lender making a loan to Landlord to be secured by deed of trust or mortgage covering the Premises or a purchaser of the Premises from Landlord, and (d) such other matters as may be reasonably requested by Landlord. Tenant's failure to deliver an estoppel certificate within fifteen (15) days after delivery of Landlord's written request therefor shall be conclusive upon Tenant (a) that this Lease is in full force and effect, without modification except as may be represented by Landlord, (b) that there are now no uncured defaults in Landlord's performance, and (c) that no Rent has been paid in advance. If Tenant fails to so deliver a requested estoppel certificate within the prescribed time it shall be conclusively presumed that this Lease is unmodified and in full force and effect except as represented by Landlord. (ii) Deliver to Landlord the current financial statements of Tenant, and financial statements of the two (2) years prior to the current financial statements year, with an opinion of a certified public accountant, including a balance sheet and profit and loss statement for the most recent prior year, all prepared in accordance with generally accepted accounting principles consistently applied.

Tenant Estoppel. Within ten (10) business days following a request in writing by Landlord, Tenant shall within fifteen (15) days following written request by Landlord: (i) Execute execute and deliver to Landlord any documentsan estoppel certificate, including estoppel certificateswhich, as submitted by Landlord, shall be substantially in the form prepared by Landlord of Exhibit E (a) certifying provided that this Lease is unmodified and Tenant may correct any factual errors or misstatements in full force and effect orsuch executed estoppel certificate), if modifiedattached hereto, stating the nature of such modification and certifying indicating therein any exceptions thereto that this Lease, as so modified, is in full force and effect and the date to which the Rent and other charges are paid in advance, if anymay exist at that time, and (b) acknowledging that there are not, to Tenant's knowledge, shall also contain any uncured defaults on the part of Landlord, or, if there are uncured defaults on the part of the Landlord, stating the nature of such uncured defaults, (c) evidencing the status of the Lease as may be required either by a lender making a loan to Landlord to be secured by deed of trust or mortgage covering the Premises or a purchaser of the Premises from Landlord, and (d) such other matters as may be factual information reasonably requested by LandlordLandlord or Landlord Mortgagee or prospective mortgagee. Tenant's failure to deliver an estoppel Any such certificate within fifteen (15) days after delivery of Landlord's written request therefor shall be conclusive upon Tenant (a) that this Lease is in full force and effect, without modification except as may be represented relied upon by Landlord, (b) that there are now no uncured defaults in Landlord's performance, and (c) that no Rent has been paid in advanceany prospective mortgagee or purchaser of all or any portion of the Project. If Tenant fails to so timely correct (if necessary), execute, acknowledge and deliver such estoppel certificate, Landlord may provide to Tenant a requested second written request with respect to such estoppel certificate within the prescribed time it shall be conclusively presumed that this Lease is unmodified which written notice must state in bold and in full force all caps “FAILURE TO RESPOND TO THIS WRITTEN NOTICE WITHIN FIVE (5) BUSINESS DAYS AFTER RECEIPT HEREOF SHALL CONSTITUTE ACCEPTANCE OF AN ESTOPPEL CERTIFICATE”. If Tenant fails to correct (if necessary), execute and effect except as represented deliver such certificate (or otherwise provide written comments to any proposed certificate delivered by Landlord. ) within a five (ii5) Deliver business day period following the receipt of Landlord’s second written request therefor, such failure shall constitute an acknowledgment by Tenant that statements included in the estoppel certificate as prepared are true and correct, without exception. At any time during the Lease Term, Landlord may require Tenant to provide Landlord the with a current financial statements of Tenant, statement and financial statements of the two (2) years prior to the current financial statement year. Such statements year, with an opinion of a certified public accountant, including a balance sheet and profit and loss statement for the most recent prior year, all shall be prepared in accordance with generally accepted accounting principles consistently appliedand, if such is the normal practice of Tenant, shall be audited by an independent certified public accountant, otherwise, such statements shall be certified by the chief financial officer of Tenant. Notwithstanding the foregoing, Landlord shall not request financial statements more than once per calendar year unless (i) Tenant is in default beyond all applicable notice and cure periods, or (ii) requested (a) in connection with a proposed sale or transfer of the Building by Landlord, or (b) by an investor of Landlord, any Landlord Party or any lender or proposed lender of Landlord or any Landlord Party. In the event the Guaranty is in full force and effect, and Guarantor provides such financial statements to Landlord, Tenant shall not be obligated to provide any such financial statements pursuant to this Article 17. So long as Tenant or Guarantor (if such Guaranty is in full force and effect) is a publicly traded company on an “over-the-counter” market or any recognized national or international securities exchange, the foregoing shall not apply so long as Tenant’s or Guarantor’s current public annual report (in compliance with applicable securities laws) for such applicable year is available to Landlord in the public domain.

Tenant Estoppel. Tenant If requested by Lender, Borrower shall within fifteen deliver to Lender estoppel certificates from any commercial tenants in each of the Resorts, dated no earlier than thirty (1530) days following written request by Landlord: prior to the Closing Date, in a form reasonably acceptable to Lender. Each estoppel certificate shall make certain certifications to Lender including, but not limited to the following: (i) Execute and deliver to Landlord any documents, including estoppel certificates, in that the form prepared by Landlord (a) certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, lease or contract is in full force and effect and the date to which the Rent and other charges are paid in advance, if any, and (b) acknowledging that there are not, to Tenant's knowledge, any uncured defaults on the part of Landlord, is unmodified or, if there are uncured defaults on modified, a certification as to the part of the Landlord, stating the nature of such uncured defaults, modification thereto; (c) evidencing the status of the Lease as may be required either by a lender making a loan to Landlord to be secured by deed of trust or mortgage covering the Premises or a purchaser of the Premises from Landlord, and (d) such other matters as may be reasonably requested by Landlord. Tenant's failure to deliver an estoppel certificate within fifteen (15) days after delivery of Landlord's written request therefor shall be conclusive upon Tenant (aii) that this Lease is in full force Borrower has performed its obligations under the lease or contract and effect, without modification except as may be represented by Landlord, there exists no right of setoff or counterclaim against Borrower; (biii) that there are now has been no uncured defaults prepayment of any rents or other sums not yet due under the lease or contract in Landlordexcess of the amount of one (1) month's performancerental; (iv) confirmation of the amounts paid as of November 1, 1999, for expense reimbursement; and (cv) that no Rent has been paid any other certification as Lender shall reasonably request. In addition, each commercial tenant shall agree with Lender in advance. If Tenant fails writing: (i) as to so deliver a requested estoppel certificate within the prescribed time it shall be conclusively presumed that this Lease is unmodified and in full force and effect except as represented by Landlord. assignment or pledge to Lender of Borrower's rights under the applicable contract or lease; (ii) Deliver to Landlord that the current financial statements of Tenant, and financial statements contract or lease may not be modified or terminated during the Term of the two Loan without the prior written consent of Lender; (2iii) years prior that the contract or lease is subordinate to the current financial statements year, with Loan Documents; (iv) that should an opinion Event of a certified public accountant, including a balance sheet and profit and loss statement for Default occur under any of the most recent prior yearLoan Documents, all prepared amounts due and payable shall be subordinate to amounts due and payable to Lender under the Loan Documents; (v) that upon the occurrence of an event of default by Borrower under a contract or lease, Lender shall receive notice of such default and a reasonable opportunity to cure; (vi) that in accordance the event Lender succeeds to all or part of Borrower's interest in the Resorts, tenants should fully and completely attorn to Lender or Lender's nominee and each party shall execute such instrument with generally accepted accounting principles consistently appliedcertification of such attornment as Lender shall reasonably request; (vii) such party shall not assert any offset rights of liability with Borrower against Lender; and (viii) any other agreements as Lender shall reasonably request.

Tenant Estoppel. Tenant shall within fifteen (15) days following written request by Landlord: (i) Execute and deliver to Landlord any documents, including estoppel certificates, in the form prepared by Landlord (a) certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect and the date to which the Rent and other charges are paid in advance, if any, and (b) acknowledging that there are not, to Tenant's ’s knowledge, any uncured defaults on the part of Landlord, or, if there are uncured defaults on the part of the Landlord, stating the nature of such uncured defaults, (c) evidencing the status of the Lease as may be required either by a lender making a loan to Landlord to be secured by deed of trust or mortgage covering the Premises or a purchaser of the Premises from Landlord, and (d) such other matters as may be reasonably requested by Landlord. Tenant's ’s failure to deliver an estoppel certificate within fifteen (15) days after delivery of Landlord's ’s written request therefor shall be conclusive upon Tenant (a) that this Lease is in full force and effect, without modification except as may be represented by Landlord, (b) that there are now no uncured defaults in Landlord's ’s performance, and (c) that no Rent has been paid in advance. If Tenant fails to so deliver a requested estoppel certificate within the prescribed time it shall be conclusively presumed that this Lease is unmodified and in full force and effect except as represented by Landlord. (ii) Deliver to Landlord the current financial statements of Tenant, and financial statements of the two (2) years prior to the current financial statements year, with an opinion of a certified public accountant, including a balance sheet and profit and loss statement for the most recent prior year, all prepared in accordance with generally accepted accounting principles consistently applied.

Tenant Estoppel. Within ten (10) business days following a request in writing by Landlord, Tenant shall within fifteen (15) days following written request by Landlord: (i) Execute execute, acknowledge and deliver to Landlord any documentsan estoppel certificate, including estoppel certificateswhich, as submitted by Landlord, shall be in the form prepared by Landlord (a) certifying of Exhibit E, attached hereto, indicating therein any exceptions thereto that this Lease is unmodified may exist at that time and in full force and effect or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect and the date to which the Rent and shall also contain any other charges are paid in advance, if any, and (b) acknowledging that there are not, to Tenant's knowledge, any uncured defaults on the part of Landlord, or, if there are uncured defaults on the part of the Landlord, stating the nature of such uncured defaults, (c) evidencing the status of the Lease as may be required either by a lender making a loan to Landlord to be secured by deed of trust or mortgage covering the Premises or a purchaser of the Premises from Landlord, and (d) such other matters as may be factual information reasonably requested by Landlord. Tenant's failure to deliver an estoppel certificate within fifteen (15) days after delivery of Landlord or Landlord's written request therefor shall be conclusive upon Tenant (a) that this Lease is in full force and effect, without modification except as may be represented by Landlord, (b) that there are now no uncured defaults in Landlord's performance, and (c) that no Rent has been paid in advancemortgagee or prospective mortgagee. If Tenant fails to so timely execute, acknowledge and deliver a requested such estoppel certificate within the prescribed time it shall be conclusively presumed that this Lease is unmodified and in full force and effect except as represented (or provide written comments to any proposed certificate delivered by Landlord. ), Landlord may provide to Tenant a second written request with respect to such estoppel certificate which written notice must state in bold and all caps “FAILURE TO RESPOND TO THIS WRITTEN NOTICE WITHIN FIVE (ii5) Deliver BUSINESS DAYS AFTER DELIVERY HEREOF IN ACCORDANCE WITH THE LEASE SHALL CONSTITUTE ACCEPTANCE OF AN ESTOPPEL CERTIFICATE”. If Tenant fails to execute and deliver such certificate (or provide written comments to any proposed certificate delivered by Landlord) within a five (5) business day period following the receipt of Landlord’s second written request therefor, such failure shall constitute an acceptance of the Premises and an acknowledgment by Tenant that statements included in the estoppel certificate are true and correct, without exception. Any such certificate may be relied upon by any prospective mortgagee or purchaser of all or any portion of the Project. If Tenant provides written comments to any estoppel certificate received from Landlord, then Tenant shall have five (5) business days following receipt of a revised estoppel certificate to execute, acknowledge and deliver to Landlord such revised estoppel certificate (or provide written comments to any such revised estoppel certificate delivered by Landlord) and the current financial statements of same process described above shall apply with respect to Tenant's failure to timely execute, acknowledge and financial statements of the two deliver such revised estoppel certificate (2) years prior or provide written comments to the current financial statements year, with an opinion of a certified public accountant, including a balance sheet and profit and loss statement for the most recent prior year, all prepared in accordance with generally accepted accounting principles consistently appliedany proposed certificate delivered by Landlord).

Tenant Estoppel. Within ten (10) days after Landlord’s request, Tenant shall within fifteen (15) days following written request by Landlord: (i) Execute execute, acknowledge and deliver to Landlord any documentsa written statement certifying: (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, including estoppel certificates, in the form prepared by Landlord stating how they have been changed); (aii) certifying that this Lease is unmodified and in full force and effect or, if modified, stating has not been canceled or terminated; (iii) the nature last date of such modification and certifying that this Lease, as so modified, is in full force and effect and payment of the date to which the Base Rent and other charges are paid and the time period covered by such payment; (iv) that Landlord is not in advancedefault under this Lease (or if Landlord is claimed to be in default, if anysetting forth such default in reasonable detail); and (v) such other information with respect to Tenant or this Lease as Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Property may require. Landlord may deliver any such statement by Tenant to any prospective purchaser or encumbrancer of the Property, and (b) acknowledging that there are not, to Tenant's knowledge, any uncured defaults on the part of Landlord, or, if there are uncured defaults on the part of the Landlord, stating the nature of such uncured defaults, (c) evidencing the status of the Lease purchaser or encumbrancer may rely conclusively upon such statement as may be required either by a lender making a loan true and correct. If Tenant shall not deliver such statement to Landlord to be secured by deed of trust or mortgage covering the Premises or a purchaser of the Premises from within such ten (10) day period Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (di) such other matters that the terms and provisions of this Lease have not been changed except as may be reasonably requested otherwise represented by Landlord. Tenant's failure to deliver an estoppel certificate within fifteen ; (15) days after delivery of Landlord's written request therefor shall be conclusive upon Tenant (aii) that this Lease is in full force and effect, without modification has not been canceled or terminated except as may be otherwise represented by Landlord, ; (biii) that there are now no uncured defaults in Landlord's performance, and (c) that no not more than one months Base Rent has or other charges have been paid in advance; and (iv) that Landlord is not in default under this Lease. If In such event, Tenant fails to so deliver a requested estoppel certificate within the prescribed time it shall be conclusively presumed that this Lease is unmodified and in full force and effect except as represented by Landlordestopped from denying the truth of such facts. (ii) Deliver to Landlord the current financial statements of Tenant, and financial statements of the two (2) years prior to the current financial statements year, with an opinion of a certified public accountant, including a balance sheet and profit and loss statement for the most recent prior year, all prepared in accordance with generally accepted accounting principles consistently applied.

Tenant Estoppel. Within ten (10) business days following a request in writing by Landlord, Tenant shall within fifteen (15) days following written request by Landlord: (i) Execute execute, acknowledge and deliver to Landlord an estoppel certificate (or provide written comments to any documentsproposed certificate delivered by Landlord), including estoppel certificateswhich, as submitted by Landlord, shall be in the form prepared by Landlord (a) certifying of Exhibit E, attached hereto, indicating therein any exceptions thereto that this Lease is unmodified and in full force and effect or, if modified, stating the nature of such modification and certifying may exist at that this Lease, as so modified, is in full force and effect and the date to which the Rent and other charges are paid in advance, if anytime, and (b) acknowledging that there are not, to Tenant's knowledge, shall also contain any uncured defaults on the part of Landlord, or, if there are uncured defaults on the part of the Landlord, stating the nature of such uncured defaults, (c) evidencing the status of the Lease as may be required either by a lender making a loan to Landlord to be secured by deed of trust or mortgage covering the Premises or a purchaser of the Premises from Landlord, and (d) such other matters as may be factual information reasonably requested by Landlord. Tenant's failure to deliver an estoppel certificate within fifteen (15) days after delivery of Landlord or Landlord's written request therefor shall be conclusive upon Tenant (a) that this Lease is in full force and effect, without modification except as may be represented by Landlord, (b) that there are now no uncured defaults in Landlord's performance, and (c) that no Rent has been paid in advancemortgagee or prospective mortgagee. If Tenant fails to so timely execute, acknowledge and deliver a requested such estoppel certificate within the prescribed time it shall be conclusively presumed that this Lease is unmodified and in full force and effect except as represented (or provide written comments to any proposed certificate delivered by Landlord. ), Landlord may provide to Tenant a second written request with respect to such estoppel certificate which written notice must state in bold and all caps "FAILURE TO RESPOND TO THIS WRITTEN NOTICE WITHIN FIVE (ii5) Deliver BUSINESS DAYS AFTER RECEIPT HEREOF SHALL CONSTITUTE ACCEPTANCE OF AN ESTOPPEL CERTIFICATE". If Tenant fails to execute and deliver such certificate (or provide written comments to any proposed certificate delivered by Landlord) within a five (5) business day period following the receipt of Landlord's second written request therefor, such failure shall constitute an acceptance of the Premises and an acknowledgment by Tenant that statements included in the estoppel certificate are true and correct, without exception. Any such certificate may be relied upon by any prospective mortgagee or purchaser of all or any portion of the Project. If Tenant provides written comments to any estoppel certificate received from Landlord, then Tenant shall have five (5) business days following receipt of a revised estoppel certificate to execute, acknowledge and deliver to Landlord such revised estoppel certificate (or provide written comments to any such revised estoppel certificate delivered by Landlord) and the current financial statements of same process described above shall apply with respect to Tenant's failure to timely execute, acknowledge and financial statements of the two deliver such revised estoppel certificate (2) years prior or provide written comments to the current financial statements year, with an opinion of a certified public accountant, including a balance sheet and profit and loss statement for the most recent prior year, all prepared in accordance with generally accepted accounting principles consistently appliedany proposed certificate delivered by Landlord).