Common use of Tenant's Certificates Clause in Contracts

Tenant's Certificates. Tenant shall at any time and from time to time, within ten (10) days after written notice from Landlord, execute, acknowledge and deliver to Landlord or its designee a written statement substantially in the form of Exhibit “G” certifying, to the extent true, that (i) this Lease is in full force and effect and has not been assigned, modified, supplemented or amended in any way (or specifying the date and terms of all agreements so affecting this Lease); (ii) all conditions under this Lease to be performed by the Landlord have been satisfied, if any; (iii) all required contributions by Landlord, if any, to Tenant on account of Tenant’s Improvements or additional improvements have been received; (iv) as of the date of such certification there are no existing claims, defenses or offsets that the Tenant has against the enforcement of this Lease by the Landlord; (v) no Rent or other rent obligation has been paid more than one month in advance; and (vi) no security has been deposited with Landlord (or, if so, the amount thereof). It is intended that all statements delivered pursuant to this paragraph may be relied upon by prospective purchasers of Landlord’s interest, Landlord’s lenders, and other designees of Landlord and Landlord’s lenders. If Tenant fails to respond within ten (10) days of Tenant’s receipt of a written request by Landlord as herein provided, such failure shall be a material default under the terms and conditions of this Lease. In addition, Tenant shall be deemed to have given such certificate as above provided without modification and shall be deemed to have admitted the accuracy of any information supplied by Landlord to a prospective purchaser or mortgagee, that this Lease is in full force and effect, that there are no uncured defaults in Landlord’s performance, that the security deposit is as stated in the Lease and that no more than one month’s Rent has been paid in advance.

Tenant's Certificates. Tenant shall at any time and from From time to time, within time upon not less than ten (10) days after prior written notice from Landlord, Tenant will execute, acknowledge and deliver to Landlord and, at Landlord’s request, to any prospective purchasers, ground or its designee a written statement substantially underlying lessor or mortgagee of any part of or interest of Landlord in the form Building, a certificate of Exhibit “G” certifyingTenant stating: (a) that Tenant has accepted the Premises (or, to the extent trueif Tenant has not done so, that Tenant has not accepted the Premises and specifying the reasons therefor), (ib) the Term Commencement Date and Expiration Date of this Lease, (c) that this Lease is unmodified and in full force and effect (or, if there have been modifications, that same is in full force and effect as modified and has stating the modifications), (d) whether or not been assigned, modified, supplemented or amended in there are then existing any way (or specifying defenses against the date and terms enforcement of all agreements so affecting this Lease); (ii) all conditions any of the obligations of Tenant under this Lease to be performed by the Landlord have been satisfied(and, if any; so, specifying same), (iiie) all required contributions whether or not there are then existing any defaults by LandlordLandlord in the performance of its obligations under this Lease (and, if so, specifying same), (f) the dates, if any, to Tenant on account of Tenant’s Improvements or additional improvements which the Base Rent and Additional Charges under this Lease have been received; paid, and (ivg) as of the date any other information that may reasonably be required by any of such certification there are no existing claims, defenses or offsets that the Tenant has against the enforcement of this Lease by the Landlord; (v) no Rent or other rent obligation has been paid more than one month in advance; and (vi) no security has been deposited with Landlord (or, if so, the amount thereof)persons. It is intended that all statements any such certificate of Tenant delivered pursuant to this paragraph Article 25 may be relied upon by prospective purchasers of Landlord’s interest, Landlord’s lenders, and other designees of Landlord and Landlordany prospective purchaser, ground or underlying lessor or mortgagee of any part of the Building. Tenant’s lenders. If Tenant fails failure to respond execute and deliver such certificate to Landlord within ten (10) days of TenantLandlord’s receipt written notice shall constitute a certification by Tenant (i) that Tenant has accepted the Premises, (ii) that there are no existing defenses against the enforcement of a written request the obligations of Tenant under the Lease, and (iii) that there are no existing defaults by Landlord as herein provided, such failure shall be a material default in the performance of its obligations under the terms and conditions of this Lease. In addition, Tenant shall be deemed Tenant’s failure to have given execute and deliver such certificate to Landlord within (10) days of Landlord’s written notice shall constitute a certification by Tenant that the information required in (b), (c), (f) and (g) of this Article 25 to be included in the certificate of Tenant is as above provided without modification and shall be deemed indicated by Landlord in writing to have admitted the accuracy any prospective purchaser, ground or underlying lessor or mortgagee of any information supplied part of the Building or the land upon which the Building is located, if such a writing is provided by Landlord as a result of Tenant’s failure to timely provide a prospective purchaser or mortgagee, that Tenant’s certificate pursuant to this Lease is in full force and effect, that there are no uncured defaults in Landlord’s performance, that the security deposit is as stated in the Lease and that no more than one month’s Rent has been paid in advanceArticle 25.

Tenant's Certificates. Tenant shall at any time and from time to time, within ten (10I 0) days after written notice from Landlord, execute, acknowledge and deliver to Landlord or its designee a written statement substantially in the form of Exhibit “G” certifying, to the extent true, that (i) this Lease is in full force and effect and has not been assigned, modified, supplemented or amended in any way (or specifying the date and terms of all agreements so affecting this Lease); (ii) all conditions under this Lease to be performed by the Landlord have been satisfied, if any; (iii) all required contributions by Landlord, if any, to Tenant on account of Tenant’s Premises Improvements or additional improvements have been received; (iv) as of the date of such certification there are no existing claims, defenses or offsets that the Tenant has against the enforcement of this Lease by the Landlord; (v) no Rent or other rent obligation has been paid more than one month in advance; and (vi) no security has been deposited with Landlord (or, if so, the amount thereof). It is intended that all statements delivered pursuant to this paragraph may be relied upon by prospective purchasers of Landlord’s interest, Landlord’s lenders, and other designees of Landlord and Landlord’s lenders. If Tenant fails to respond within ten (10) days of Tenant’s receipt of a written request by Landlord as herein provided, such failure shall be a material default under the terms and conditions of this Lease. In addition, Tenant shall be deemed to have given such certificate as above provided without modification and shall be deemed to have admitted the accuracy of any information supplied by Landlord to a prospective purchaser or mortgagee, that this Lease is in full force and effect, that there are no uncured defaults in Landlord’s performance, that the security deposit is as stated in the Lease and that no more than one month’s Rent has been paid in advance.

Tenant's Certificates. Tenant shall at any time and from time to time, within have ten (10) business days after following the written notice from Landlord, execute, acknowledge request of Landlord or any Mortgagee to execute and deliver to Landlord or its designee a written statement substantially any documents, including estoppel certificates, in the form of Exhibit “G” certifying, to the extent true, that prepared by Landlord (i) 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 has not been assigned, modified, supplemented or amended in any way (or specifying the date to which the Rent and terms of all agreements so affecting this Lease); (ii) all conditions under this Lease to be performed by the Landlord have been satisfied, if any; (iii) all required contributions by Landlordother charges are paid in advance, if any, to and (ii) acknowledging that there are no uncured defaults on the part of Landlord, or, if there are uncured defaults on the part of Landlord, stating the nature of such uncured defaults, (iii) certifying that Tenant on account has no defenses or offsets then outstanding against any of its obligations under this Lease, or stating those claimed by Tenant’s Improvements or additional improvements have been received; , and (iv) as of certifying any other matters pertaining to the date of such certification there are no existing claims, defenses or offsets that the Tenant has against the enforcement status of this Lease or performance of obligations thereunder by Landlord or Tenant as to which Xxxxxx has actual knowledge and as may be reasonably required either by a purchaser of the Premises or a Mortgagee making a loan to Landlord to be secured by the Landlord; (v) no Rent Premises or other rent obligation has been paid more than one month in advance; and (vi) no security has been deposited with Landlord (or, if so, the amount thereof)Project. It is intended that all statements delivered pursuant Tenant’s failure to this paragraph may be relied upon by prospective purchasers of Landlord’s interest, Landlord’s lenders, and other designees of Landlord and Landlord’s lenders. If Tenant fails to respond deliver an estoppel certificate within ten (10) business days after delivery of TenantLandlord’s receipt of a written request by Landlord as herein provided, such failure therefor shall be a material default under the terms and conditions of this Lease. In addition, conclusive upon Tenant shall be deemed to have given such certificate as above provided without modification and shall be deemed to have admitted the accuracy of any information supplied by Landlord to a prospective purchaser or mortgagee, that (aa) this Lease is in full force and effect, that without modification except as may be represented by Landlord, (bb) there are no uncured defaults in Landlord’s performance, that the security deposit is as stated in the Lease (cc) Tenant has no defenses or right of offset against its obligations hereunder, and that (dd) no more than one month’s Rent has been paid in advance.

Tenant's Certificates. Tenant shall at any time and from time to time, within time upon not less than ten (10) days after days' prior written notice from Landlord, Landlord or Ground Lessor will execute, acknowledge and deliver to Landlord or its designee a written statement substantially in the form of Exhibit “G” certifyingand, at Landlord's request, to any prospective purchaser or any then current or prospective ground or underlying lessor or mortgagee of any part of the extent trueReal Property, a certificate of Tenant stating: (a) that Tenant has accepted the Premises (or, if Tenant has not done so, that Tenant has not accepted the Premises and specifying the reasons therefor), (ib) the Commencement and Expiration Dates of this Lease Sublease, (c) that this Sublease is unmodified and in full force and effect (or, if there have been modifications, that same is in full force and effect as modified and has stating the modifications), (d) whether or not been assigned, modified, supplemented or amended in there are then existing any way (or specifying defenses against the date and terms enforcement of all agreements so affecting this Lease); (ii) all conditions any of the obligations of Tenant under this Lease to be performed by the Landlord have been satisfiedSublease (and, if any; so, specifying same), (iiie) all required contributions whether or not there are then existing any defaults by LandlordLandlord in the performance of its obligations under this Sublease (and, if so, specifying same), (f) the dates, if any, to which the Rent has been paid, and (g) any other information, including, without limitation, any public financial information of Tenant on account of Tenant’s Improvements or additional improvements have been received; (iv) as of the date its parent or affiliate corporations, that may reasonably be required by any of such certification there are no existing claims, defenses or offsets that the Tenant has against the enforcement of this Lease by the Landlord; (v) no Rent or other rent obligation has been paid more than one month in advance; and (vi) no security has been deposited with Landlord (or, if so, the amount thereof)persons. It is intended that all statements any such certificate of Tenant delivered pursuant to this paragraph Section 23 may be relied upon by prospective purchasers of Landlord’s interest, Landlord’s lenders, and other designees of Landlord and Landlord’s lenders. If Tenant fails to respond within ten (10) days of Tenant’s receipt of a written request by Landlord as herein provided, such failure shall be a material default under the terms and conditions of this Lease. In addition, Tenant shall be deemed to have given such certificate as above provided without modification and shall be deemed to have admitted the accuracy of any information supplied by Landlord to a prospective purchaser or mortgagee, that this Lease is in full force and effect, that there are no uncured defaults in Landlord’s performance, that any then current or prospective ground or underlying lessor or mortgagee of all or any part of the security deposit is as stated in the Lease and that no more than one month’s Rent has been paid in advanceReal Property.

Tenant's Certificates. Tenant shall at any time and from time to time, within have ten (10) business days after following the written notice from Landlord, execute, acknowledge request of Landlord or any Mortgagee to execute and deliver to Landlord an estoppel certificate in a form required by Mortgagee or its designee a written statement substantially in the form of Exhibit “G” certifyingLandlord, but reasonably acceptable to the extent true, that Tenant (i) certifying that this Facility Lease is unmodified and in full force and effect or, if modified, stating the nature of such modification and certifying that this Facility Lease, as so modified, is in full force and effect and has not been assigned, modified, supplemented or amended in any way (or specifying the date to which the Base Rent and terms of all agreements so affecting this Lease); (ii) all conditions under this Lease to be performed by the Landlord have been satisfied, if any; (iii) all required contributions by Landlordother charges are paid in advance, if any, to and (ii) acknowledging that there are no uncured defaults on the part of Landlord, or, if there are uncured defaults on the part of Landlord, stating the nature of such uncured defaults, (iii) certifying that Tenant on account has no defenses or offsets then outstanding against any of its obligations under this Facility Lease, or stating those claimed by Tenant’s Improvements or additional improvements have been received; , and (iv) certifying any other matters pertaining to the status of this Facility Lease or performance of obligations thereunder by Landlord or Tenant as to which Tenant has actual knowledge and as may be reasonably required either by a purchaser of the date of such certification there are no existing claims, defenses Premises or offsets that the Tenant has against the enforcement of this Lease by the Landlord; (v) no Rent or other rent obligation has been paid more than one month in advance; and (vi) no security has been deposited with Landlord (or, if so, the amount thereof)a Mortgagee. It is intended that all statements delivered pursuant Tenant’s failure to this paragraph may be relied upon by prospective purchasers of Landlord’s interest, Landlord’s lenders, and other designees of Landlord and Landlord’s lenders. If Tenant fails to respond deliver an estoppel certificate within ten (10) business days after delivery of TenantLandlord’s receipt of a written request by Landlord as herein provided, such failure therefor shall be a material default under the terms and conditions of conclusive upon Tenant that (aa) this Lease. In addition, Tenant shall be deemed to have given such certificate as above provided without modification and shall be deemed to have admitted the accuracy of any information supplied by Landlord to a prospective purchaser or mortgagee, that this Facility Lease is in full force and effect, that without modification, (bb) there are no uncured defaults in Landlord’s performance, that the security deposit is as stated in the Lease (cc) Tenant has no defenses or right of offset against its obligations hereunder, and that (dd) no more than one month’s Base Rent has been paid more than one year in advance.

Tenant's Certificates. Tenant shall at any time and from From time to time, within time upon not less than ten (10) days after days' prior written notice from Landlord, execute, acknowledge Tenant will execute and deliver to Landlord or its designee a written statement substantially in certificate of Tenant stating: (a) that Tenant has accepted the form of Exhibit “G” certifyingPremises (or, to the extent trueif Tenant has not done so, that Tenant has not accepted the Premises and specifying the reasons therefor), (ib) the Commencement and Expiration Dates of this Lease, (c) that this Lease is unmodified and in full force and effect and has (or, that there have been modifications), (d) whether or not been assigned, modified, supplemented or amended in there are then existing any way (or specifying defenses against the date and terms enforcement of all agreements so affecting this Lease); (ii) all conditions any of the obligations of Tenant under this Lease to be performed by the Landlord have been satisfied(and, if any; so specifying same), (iiie) all required contributions whether or not there are then existing any defaults by LandlordLandlord in the performance of its obligations under this Lease (and, if so, specifying same), (f) the dates, if any, to Tenant on account of Tenant’s Improvements or additional improvements which the Base Rental and Additional Charges under this Lease have been received; (iv) as of the date of such certification there are no existing claimspaid, defenses or offsets that the Tenant has against the enforcement of this Lease by the Landlord; (v) no Rent or other rent obligation has been paid more than one month in advance; and (vig) no security has been deposited with Landlord (or, if so, the amount thereof)any other information that may reasonably be required by Landlord. It is intended that all statements any such certificate of Tenant delivered pursuant to this paragraph Paragraph 23 may be relied upon by prospective purchasers of Landlord’s interest, Landlord’s lenders, and other designees of Landlord and Landlord’s lendersany prospective purchaser or mortgagee of the Building or any portion thereof. If Tenant fails Tenant's failure to respond execute and deliver such certificate to Landlord within ten (10) days of Tenant’s receipt Landlord's written notice shall constitute a certification by Tenant (i) that Tenant has accepted the Premises, (ii) that there are no existing defenses against the enforcement of a written request the obligations of Tenant under the Lease, and (iii) that there are no existing defaults by Landlord as herein provided, such failure shall be a material default in the performance of its obligations under the terms and conditions of this Lease. In addition, Tenant shall be deemed Tenant's failure to have given execute and deliver such certificate to Landlord with ten (10) days of Landlord's written notice shall constitute a certification by Tenant that the information required in (b), (c), (f) and (g) of this Paragraph 23 to be included in the certificate of Tenant is as above provided without modification and shall be deemed to have admitted the accuracy of any information supplied indicated by Landlord in writing to a any prospective purchaser or mortgageemortgagee of any part of the Building or the land upon which the Building is located, that if such a writing is provided by Landlord as a result of Tenant's failure to timely provide a tenant's certificate pursuant to this Lease is in full force and effect, that there are no uncured defaults in Landlord’s performance, that the security deposit is as stated in the Lease and that no more than one month’s Rent has been paid in advanceParagraph 23.

Tenant's Certificates. Tenant shall 27.1 Tenant, at any time time, and from time-to-time to time, within upon not less than ten (10) days after days' prior written notice from Landlord, will execute, acknowledge and deliver to Landlord and, at Landlord's request, to any prospective purchaser, Lessor, or its designee Landlord's Mortgagee, or other Mortgagee of any part of the Building, a written statement substantially certificate of Tenant certifying: (a) that Tenant has accepted the Premises (or, if Tenant has not done so, that Tenant has not accepted the Premises and specifying the reasons therefor), (b) the Tenant has entered into possession of the Premises (c) the Commencement and Expiration Dates of this Lease, (d) the amount of Annual Base Rental payable under the Lease (e) that this Lease is the entire agreement between the parties and is unmodified and in full force and effect (or, if there have been modifications, that same is in full force and effect as modified and stating the modifications), and has not been assigned (f) whether or not there are then existing any defenses against the enforcement of any of the obligations of Tenant under this Lease (and, if so, specifying same), (g) whether or not there are then any defaults by Landlord in the form performance of Exhibit “G” certifyingits obligations under this Lease (and, to the extent trueif so, specifying same), (h) that Tenant has received all required contributions from Landlord on account of Tenant's improvements, (i) the dates, if any, to which the Annual Base Rental and Additional Rent and other charges under this Lease have been paid and the amounts of said Annual Base Rental and Additional Rent, and that no Annual Base Rental, Additional Rent, or security deposit has been paid in advance of its due date, and (j) any other information that may reasonably be required by any of such persons. It is intended that any such certificate of Tenant delivered pursuant to this Section 27.1 may be relied upon by Landlord and any prospective purchaser, Lessor, Landlord's Mortgagee, or other Mortgagee(s) of any part of the Building. Tenant's failure to deliver such Certificate within said ten day period shall be a default hereunder and shall be conclusive upon Tenant that this Lease is in full force and effect and has not been assigned, modified, supplemented or amended in any way (or specifying the date and terms of all agreements so affecting this Lease); (ii) all conditions under this Lease to be performed by the Landlord have been satisfied, if any; (iii) all required contributions by Landlord, if any, to Tenant on account of Tenant’s Improvements or additional improvements have been received; (iv) as of the date of such certification there are no existing claims, defenses or offsets that the Tenant has against the enforcement of this Lease by the Landlord; (v) no Rent or other rent obligation has been paid more than one month in advance; and (vi) no security has been deposited with Landlord (or, if so, the amount thereof). It is intended that all statements delivered pursuant to this paragraph may be relied upon by prospective purchasers of Landlord’s interest, Landlord’s lendersunmodified, and other designees of Landlord and Landlord’s lenders. If Tenant fails to respond within ten (10) days of Tenant’s receipt of a written request by Landlord as herein provided, such failure shall be a material default under the terms and conditions of this Lease. In addition, Tenant shall be deemed to have given such certificate as above provided without modification and shall be deemed to have admitted the accuracy of any information supplied by Landlord to a prospective purchaser or mortgagee, that this Lease is in full force and effect, that there are no uncured defaults in Landlord’s performance, that the security deposit is as stated in the Lease and that no more than one month’s Rent has been paid in advance's performance hereunder.

Tenant's Certificates. Tenant shall at any time and from time to time, within ten (10) days after written notice from Landlord, execute, acknowledge and deliver to Landlord or its designee a written statement substantially in the form of Exhibit “G” certifying, to the extent true, that (i) this Lease is in full force and effect and has not been assigned, modified, supplemented or amended in any way (or specifying the date and terms of all agreements so affecting this Lease); (ii) all conditions under this Lease to be performed by the Landlord have been satisfied, if any; (iii) all required contributions by Landlord, if any, to Tenant on account of Tenant’s Improvements or additional improvements have been received; (iv) as of the date of such certification there are no existing claims, defenses or offsets that the Tenant has against the enforcement of this Lease by the Landlord; (v) no Rent or other rent obligation has been paid more than one month in advance; and (vi) no security has been deposited with Landlord (or, if so, the amount thereof). It is intended that all statements delivered pursuant to this paragraph may be relied upon by prospective purchasers of Landlord’s interest, Landlord’s lenders, and other designees of Landlord and Landlord’s lenders. If Tenant fails to respond within ten (10) days of Tenant’s receipt of a written request by Landlord as herein provided, such failure shall be a material default under the terms and conditions of this Lease. In addition, Tenant shall be deemed to have given such certificate ce1iificate as above provided without modification and shall be deemed to have admitted the accuracy of any information supplied by Landlord to a prospective purchaser or mortgagee, that this Lease is in full force and effect, that there are no uncured defaults in Landlord’s performance, that the security deposit is as stated in the Lease and that no more than one month’s Rent has been paid in advance.

Tenant's Certificates. Tenant shall at any time and from time to time, within ten (10) days after written notice from Landlord, execute, acknowledge and deliver to Landlord or its designee a written statement substantially in the form of Exhibit “G” certifying, to the extent true, that (i) this Lease is in full force and effect and has not been assigned, modified, supplemented or amended in any way (or specifying the date and terms of all agreements so affecting this Lease); (ii) all conditions under this Lease to be performed by the Landlord have been satisfied, if any; (iii) all required contributions by Landlord, if any, Landlord to Tenant on account of Tenant’s Improvements or additional improvements have been received; (iv) as of the date of such certification there are no existing claims, defenses or offsets that the Tenant has against the enforcement of this Lease by the Landlord; (v) no Rent or other rent obligation has been paid more than one month in advance; and (vi) no security has been deposited with Landlord (or, if so, the amount thereof). It is intended that all statements delivered pursuant to this paragraph may be relied upon by prospective purchasers of Landlord’s interest, Landlord’s lenders, and other designees of Landlord and Landlord’s lenders. If Tenant fails to respond within ten (10) days of Tenant’s receipt of a written request by Landlord as herein provided, such failure shall be a material default under the terms and conditions of this Lease. In addition, Tenant shall be deemed to have given such certificate as above provided without modification and shall be deemed to have admitted the accuracy of any information supplied by Landlord to a prospective purchaser or mortgagee, that this Lease is in full force and effect, that there are no uncured defaults in Landlord’s performance, that the security deposit is as stated in the Lease and that no more than one month’s Rent has been paid in advance.

Tenant's Certificates. Tenant shall at any time and from From time to time, within time upon not less than ten (10) days after days' prior written notice from Landlord, execute, acknowledge Tenant will execute and deliver to Landlord or its designee a written statement substantially in certificate of Tenant stating: (a) that Tenant has accepted the form of Exhibit “G” certifyingPremises (or, to the extent trueif Tenant has not done so, that Tenant has not accepted the Premises and specifying the reasons therefor), (ib) the Commencement and Expiration Dates of this Lease, (c) that this Lease is unmodified and in full force and effect and has (or, that there have been modifications), (d) whether or not been assigned, modified, supplemented or amended in there are then existing any way (or specifying defenses against the date and terms enforcement of all agreements so affecting this Lease); (ii) all conditions any of the obligations of Tenant under this Lease to be performed by the Landlord have been satisfied(and, if any; so specifying same), (iiie) all required contributions whether or not there are then existing any defaults by LandlordLandlord in the performance of its obligations under this Lease (and, if so, specifying same), (f) the dates, if any, to Tenant on account of Tenant’s Improvements or additional improvements which the Base Rental and Additional Charges under this Lease have been received; (iv) as of the date of such certification there are no existing claimspaid, defenses or offsets that the Tenant has against the enforcement of this Lease by the Landlord; (v) no Rent or other rent obligation has been paid more than one month in advance; and (vig) no security has been deposited with Landlord (or, if so, the amount thereof)any other information that may reasonably be required by Landlord. It is intended that all statements any such certificate of Tenant delivered pursuant to this paragraph Paragraph 23 may be relied upon by prospective purchasers of Landlord’s interest, Landlord’s lenders, and other designees of Landlord and Landlord’s lendersany prospective purchaser or mortgagee of the Building or any portion thereof. If Tenant fails Tenant's failure to respond execute and deliver such certificate to Landlord within ten (10) days of Tenant’s receipt Landlord's written notice shall constitute a certification by Tenant (i) that Tenant has accepted the Premises, (ii) that there are no existing defenses against the enforcement of a written request the obligations of Tenant under the Lease, and (iii) that there are no existing defaults by Landlord as herein provided, such failure shall be a material default in the performance of its obligations under the terms and conditions of this Lease. In addition, Tenant shall be deemed Xxxxxx's failure to have given execute and deliver such certificate to Landlord within ten (10) days of Landlord's written notice shall constitute a certification by Tenant that the information required in (b), (c), (f) and (g) of this Paragraph 23 to be included in the certificate of Tenant is as above provided without modification and shall be deemed to have admitted the accuracy of any information supplied indicated by Landlord in writing to a any prospective purchaser or mortgageemortgagee of any part of the Building or the land upon which the Building is located, that if such a writing is provided by Landlord as a result of Xxxxxx's failure to timely provide a tenant's certificate pursuant to this Lease is in full force and effect, that there are no uncured defaults in Landlord’s performance, that the security deposit is as stated in the Lease and that no more than one month’s Rent has been paid in advanceParagraph 23.

Tenant's Certificates. Tenant shall Tenant, at any time and from time to time, within time upon not less than ten (10) days after days' prior written notice from Landlord, will execute, acknowledge and deliver to Landlord or its designee a written statement substantially in the form of Exhibit “G” certifyingand, at Landlord's request, to any prospective purchaser, ground or underlying lessor or mortgagee of the extent truePremises or the Building, a certificate of Tenant stating: (a) that Tenant has accepted the Premises (or, if Tenant has not done so, that Tenant has not accepted the Premises and specifying the reasons therefor), (ib) the Commencement Date and Expiration Date of this Lease, (c) that this Lease is unmodified and in full force and effect and has not been assigned, modified, supplemented or amended in any way (or specifying the date and terms of all agreements so affecting this Lease); (ii) all conditions under this Lease to be performed by the Landlord have been satisfied, if any; (iii) all required contributions by Landlord, if any, to Tenant on account of Tenant’s Improvements or additional improvements have been received; (iv) as of the date of such certification there are no existing claims, defenses or offsets that the Tenant has against the enforcement of this Lease by the Landlord; (v) no Rent or other rent obligation has been paid more than one month in advance; and (vi) no security has been deposited with Landlord (or, if so, the amount thereof). It is intended that all statements delivered pursuant to this paragraph may be relied upon by prospective purchasers of Landlord’s interest, Landlord’s lenders, and other designees of Landlord and Landlord’s lenders. If Tenant fails to respond within ten (10) days of Tenant’s receipt of a written request by Landlord as herein provided, such failure shall be a material default under the terms and conditions of this Lease. In addition, Tenant shall be deemed to there have given such certificate as above provided without modification and shall be deemed to have admitted the accuracy of any information supplied by Landlord to a prospective purchaser or mortgageebeen modifications, that this Lease is in full force and effecteffect as modified and stating the modifications), that (d) whether or not there are no uncured defaults in then existing any defenses against the enforcement of any of the obligations of Tenant under this Lease (and, if so, specifying same), (e) the dates, if any, to which the Rent and other charges under this Lease have been paid, and (f) any other information that may reasonably be required by any of such persons. At the request of Landlord’s performance, Tenant will prepare and furnish to Landlord its most current and (if available) past three years' annual financial statements for Landlord's confidential use with proposed purchasers of or lenders on the Premises. Failure by Tenant to execute a certificate within this 10 day period shall constitute Landlord as Tenant's special attorney-in-fact for the purpose of executing and delivering such a statement on Tenant's behalf. It is acknowledged that such certificate may be relied upon by Landlord, any prospective purchaser, ground or underlying lessor or lender of the security deposit Building or the land on which the Building is as stated in the Lease and that no more than one month’s Rent has been paid in advancelocated.

Tenant's Certificates. Tenant shall at any time and from time to time, within ten (10) days after written notice from Landlord, execute, acknowledge and deliver to Landlord or its designee a written statement substantially in the form of Exhibit “G” certifying, to the extent true, that (i) this Lease is in full force and effect and has not been assigned, modified, supplemented or amended in any way (or specifying the date and terms of all agreements so affecting this Lease); (ii) all conditions under this Lease to be performed by the Landlord have been satisfied, if any; (iii) all required contributions by Landlord, if any, to Tenant on account of Tenant’s Premises Improvements or additional improvements have been received; (iv) as of the date of such certification there are no existing claims, defenses or offsets that the Tenant has against the enforcement of this Lease by the Landlord; (v) no Rent or other rent obligation has been paid more than one month in advance; and (vi) no security has been deposited with Landlord (or, if so, the amount thereof). It is intended that all statements delivered pursuant to this paragraph may be relied upon by prospective purchasers of Landlord’s interest, Landlord’s lenders, and other designees of Landlord and Landlord’s lenders. If Tenant fails to respond within ten (10) days of Tenant’s receipt of a written request by Landlord as herein provided, such failure shall be a material default under the terms and conditions of this Lease. In addition, Tenant shall be deemed to have given such certificate as above provided without modification and shall be deemed to have admitted the accuracy of any information supplied by Landlord to a prospective purchaser or mortgagee, that this Lease is in full force and effect, that there are no uncured defaults in Landlord’s performance, that the security deposit is as stated in the Lease and that no more than one month’s Rent has been paid in advance.

Tenant's Certificates. Tenant shall at any time and from time to time, within have ten (10) business days after following the written notice from Landlord, execute, acknowledge request of Landlord or any Mortgagee to execute and deliver to Landlord or its designee a written statement substantially any documents, including estoppel certificates, in the form of Exhibit “G” certifying, to the extent true, that prepared by Landlord (i) 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 has not been assigned, modified, supplemented or amended in any way (or specifying the date to which the Rent and terms of all agreements so affecting this Lease); (ii) all conditions under this Lease to be performed by the Landlord have been satisfied, if any; (iii) all required contributions by Landlordother charges are paid in advance, if any, to and (ii) acknowledging that there are no uncured defaults on the part of Landlord, or, if there are uncured defaults on the part of Landlord, stating the nature of such uncured defaults, (iii) certifying that Tenant on account has no defenses or offsets then outstanding against any of its obligations under this Lease, or stating those claimed by Tenant’s Improvements or additional improvements have been received; , and (iv) as of certifying any other matters pertaining to the date of such certification there are no existing claims, defenses or offsets that the Tenant has against the enforcement status of this Lease or performance of obligations thereunder by Landlord or Tenant as to which Tenant has actual knowledge and as may be reasonably required either by a purchaser of the Premises or a Mortgagee making a loan to Landlord to be secured by the Landlord; (v) no Rent Premises or other rent obligation has been paid more than one month in advance; and (vi) no security has been deposited with Landlord (or, if so, the amount thereof)Project. It is intended that all statements delivered pursuant Tenant’s failure to this paragraph may be relied upon by prospective purchasers of Landlord’s interest, Landlord’s lenders, and other designees of Landlord and Landlord’s lenders. If Tenant fails to respond deliver an estoppel certificate within ten (10) business days after delivery of TenantLandlord’s receipt of a written request by Landlord as herein provided, such failure therefor shall be a material default under the terms and conditions of this Lease. In addition, conclusive upon Tenant shall be deemed to have given such certificate as above provided without modification and shall be deemed to have admitted the accuracy of any information supplied by Landlord to a prospective purchaser or mortgagee, that (aa) this Lease is in full force and effect, that without modification except as may be represented by Landlord, (bb) there are no uncured defaults in Landlord’s performance, that the security deposit is as stated in the Lease (cc) Tenant has no defenses or right of offset against its obligations hereunder, and that (dd) no more than one month’s Rent has been paid in advance.

Tenant's Certificates. Tenant shall at any time and from time to time, within ten (10) days after written notice from Landlord, execute, acknowledge and deliver to Landlord or its designee a written statement substantially in the form of Exhibit “G” certifying, to the extent true, that (i) this Lease is in full force and effect and has not been assigned, modified, supplemented or amended in any way (or specifying the date and terms of all agreements so affecting this Lease); (ii) all conditions under this Lease to be performed by the Landlord have been satisfied, if any; (iii) all required contributions by Landlord, if any, to Tenant on account of Tenant’s Premises Improvements or additional improvements have xxxvi been received; (iv) as of the date of such certification there are no existing claims, defenses or offsets that the Tenant has against the enforcement of this Lease by the Landlord; (v) no Rent or other rent obligation has been paid more than one month in advance; and (vi) no security has been deposited with Landlord (or, if so, the amount thereof). It is intended that all statements delivered pursuant to this paragraph may be relied upon by prospective purchasers of Landlord’s 's interest, Landlord’s 's lenders, and other designees of Landlord and Landlord’s 's lenders. If Tenant fails to respond within ten (10) days of Tenant’s 's receipt of a written request by Landlord as herein provided, such failure shall be a material default under the terms and conditions of this Lease. In addition, Tenant shall be deemed to have given such certificate as above provided without modification and shall be deemed to have admitted the accuracy of any information supplied by Landlord to a prospective purchaser or mortgagee, that this Lease is in full force and effect, that there are no uncured defaults in Landlord’s 's performance, that the security deposit is as stated in the Lease and that no more than one month’s 's Rent has been paid in advance.

Tenant's Certificates. Tenant shall Tenant, at any time and from time to time, within ten time upon not less than fifteen (1015) days after days' prior written notice from Landlord, will execute, acknowledge and deliver to Landlord or its designee a written statement substantially in the form of Exhibit “G” certifyingand, at Landlord's request, to any prospective purchaser, ground or underlying lessor or mortgagee of any part of the extent trueBuilding and Real Property, a certificate of Tenant stating: (a) that Tenant has accepted the Premises (or, if Tenant has not done so, that Tenant has not accepted the Premises and specifying the reasons therefor), (ib) the Commencement and Term Expiration Dates of this Lease, (c) that this Lease is unmodified and in full force and effect (or, if there have been modifications, that same is in full force and effect as modified and has stating the modifications), (d) whether or not been assigned, modified, supplemented or amended in there are then existing any way (or specifying defenses against the date and terms enforcement of all agreements so affecting this Lease); (ii) all conditions any of the obligations of Tenant under this Lease to be performed by the Landlord have been satisfied(and, if any; so, specifying same), (iiif) all required contributions by Landlordthe dates, if any, to which the Basic Rent and Additional Rent and other charges under this Lease have been paid, including but not limited to current financial statements for Tenant on account (and any Guarantors of Tenant’s Improvements 's obligation hereunder), which is a condition of Landlord's loan documents and may be required in writing by Landlord's lender. If any documents are requested from Tenant that are considered to be confidential or additional improvements have been received; (iv) as of the date of proprietary in nature, Landlord and its lenders will keep such certification there are no existing claims, defenses or offsets that the Tenant has against the enforcement of this Lease by the Landlord; (v) no Rent or other rent obligation has been paid more than one month in advance; and (vi) no security has been deposited with Landlord (or, if so, the amount thereof)information private. It is intended that all statements any such certificate of Tenant delivered pursuant to this paragraph Section 21 may be relied upon by prospective purchasers of Landlord’s interest, Landlord’s lenders, and other designees of Landlord and Landlord’s lenders. If Tenant fails to respond within ten (10) days of Tenant’s receipt of a written request by Landlord as herein providedany prospective purchaser, such failure shall be a material default under the terms and conditions of this Lease. In addition, Tenant shall be deemed to have given such certificate as above provided without modification and shall be deemed to have admitted the accuracy ground or underlying lessor or mortgagee of any information supplied by Landlord to a prospective purchaser or mortgagee, that this Lease is in full force and effect, that there are no uncured defaults in Landlord’s performance, that part of the security deposit is as stated in the Lease and that no more than one month’s Rent has been paid in advanceReal Property.

Tenant's Certificates. Tenant shall Tenant, at any time and from time to --------------------- time, within ten (10) days after written notice from Landlord, shall execute, acknowledge and deliver to Landlord Landlord, addressed to Landlord, at Landlord's request, and to any prospective purchaser or its designee Mortgagee of any part of the Project a written statement substantially in certificate stating: (a) that Tenant has accepted the form of Exhibit “G” certifyingPremises (or, to the extent trueif Tenant has not done so, that Tenant has not accepted the Premises and specifying the reasons therefor), (iii) the Rent Commencement Date and Expiration Date of this Lease, (iii) that this Lease is unmodified and in full force and effect and has not been assigned, modified, supplemented or amended in any way (or specifying the date and terms of all agreements so affecting this Lease); (ii) all conditions under this Lease to be performed by the Landlord have been satisfied, if any; (iii) all required contributions by Landlord, if any, to Tenant on account of Tenant’s Improvements or additional improvements have been received; (iv) as of the date of such certification there are no existing claims, defenses or offsets that the Tenant has against the enforcement of this Lease by the Landlord; (v) no Rent or other rent obligation has been paid more than one month in advance; and (vi) no security has been deposited with Landlord (or, if so, the amount thereof). It is intended that all statements delivered pursuant to this paragraph may be relied upon by prospective purchasers of Landlord’s interest, Landlord’s lenders, and other designees of Landlord and Landlord’s lenders. If Tenant fails to respond within ten (10) days of Tenant’s receipt of a written request by Landlord as herein provided, such failure shall be a material default under the terms and conditions of this Lease. In addition, Tenant shall be deemed to there have given such certificate as above provided without modification and shall be deemed to have admitted the accuracy of any information supplied by Landlord to a prospective purchaser or mortgageebeen modifications, that this Lease is in full force and effect as modified and stating the modifications), (iv) whether or not there are then existing any defenses against the enforcement of any of the obligations of Tenant under this Lease (and, if so, specifying same), (v) whether or not there are then existing any defaults by Landlord in the performance of its obligations under this Lease (or acts or omissions which would constitute defaults if uncured after notice), and, If so, specifying same, (vi) the dates, if any, to which the Rent and Additional Charges and other amounts under this Lease have been paid, and (vii) any other information and statements that may reasonably be required by Landlord. Nothing herein shall waive the default constituted by Tenant's failure to deliver the certificate required hereunder. In addition, Tenant shall cause any and all guarantors of this Lease, at any time during the Term and from time to time, to execute, acknowledge and deliver to Landlord, addressed (at Landlord's request) to any prospective purchaser, ground or underlying lessor or mortgagee of any part of the Project a certificate stating (i) that the guaranty of such guarantor(s) is in full force and effect, enforceable in accordance with its terms, and will continue to be with respect to any successor of all or any portion of Landlord's interest in the Project or this Lease, (ii) that there are no uncured defaults in defenses, offsets or counterclaims to the liability or obligations of such guarantor(s) under their guaranty, and (iii) any other information and statements that may reasonably be required by Landlord’s performance. It is intended that any such certificate of Tenant may be relied upon by any prospective purchaser, that ground or underlying lessor or mortgagee of all or any part of the security deposit is as stated in the Lease and that no more than one month’s Rent has been paid in advanceProject.

Tenant's Certificates. Tenant shall at any time and from time to time, within ten (10) days after written notice from Landlord, execute, acknowledge and deliver to Landlord or its designee a written statement substantially in the form of Exhibit “G” certifying, to the extent true, that (i) this Lease is in full force and effect and has not been assigned, modified, supplemented or amended in any way (or specifying the date and terms of all agreements so affecting this Lease); (ii) all conditions under this Lease to be performed by the Landlord have been satisfied, if any; (iii) all required contributions by Landlord, if any, to Tenant on account of Tenant’s Improvements or additional improvements have been received; (iv) as of the date of such certification there are no existing claims, defenses or offsets that the Tenant has against the enforcement of this Lease by the Landlord; (v) no Rent or other rent obligation has been paid more than one month in advance; and (vi) no security has been deposited with Landlord (or, if so, the amount thereof). It is intended that all statements delivered pursuant to this paragraph may be relied upon by Xxxxxxxxxx.xxx NNN Lease 31 prospective purchasers of Landlord’s interest, Landlord’s lenders, and other designees of Landlord and Landlord’s lenders. If Tenant fails to respond within ten (10) days of Tenant’s receipt of a written request by Landlord as herein provided, such failure shall be a material default under the terms and conditions of this Lease. In addition, Tenant shall be deemed to have given such certificate as above provided without modification and shall be deemed to have admitted the accuracy of any information supplied by Landlord to a prospective purchaser or mortgagee, that this Lease is in full force and effect, that there are no uncured defaults in Landlord’s performance, that the security deposit is as stated in the Lease and that no more than one month’s Rent has been paid in advance.

Tenant's Certificates. Tenant shall at any time and from time to time, within have ten (10) business days after following the written notice from Landlord, execute, acknowledge request of Landlord or any Mortgagee to execute and deliver to Landlord an estoppel certificate in a form required by Mortgagee or its designee a written statement substantially in the form of Exhibit “G” certifyingLandlord, but reasonably acceptable to the extent true, that Tenant (i) certifying that this Facility Lease is unmodified and in full force and effect or, if modified, stating the nature of such modification and certifying that this Facility Lease, as so modified, is in full force and effect and has not been assigned, modified, supplemented or amended in any way (or specifying the date to which the Base Rent and terms of all agreements so affecting this Lease); (ii) all conditions under this Lease to be performed by the Landlord have been satisfied, if any; (iii) all required contributions by Landlordother charges are paid in advance, if any, to and (ii) acknowledging that there are no uncured defaults on the part of Landlord, or, if there are uncured defaults on the part of Landlord, stating the nature of such uncured defaults, (iii) certifying that Tenant on account has no defenses or offsets then outstanding against any of Tenant’s Improvements its obligations under this Facility Lease, or additional improvements have been received; stating those claimed by Xxxxxx, and (iv) certifying any other matters pertaining to the status of this Facility Lease or performance of obligations thereunder by Landlord or Tenant as to which Tenant has actual knowledge and as may be reasonably required either by a purchaser of the date of such certification there are no existing claims, defenses Premises or offsets that the Tenant has against the enforcement of this Lease by the Landlord; (v) no Rent or other rent obligation has been paid more than one month in advance; and (vi) no security has been deposited with Landlord (or, if so, the amount thereof)a Mortgagee. It is intended that all statements delivered pursuant Tenant’s failure to this paragraph may be relied upon by prospective purchasers of Landlord’s interest, Landlord’s lenders, and other designees of Landlord and Landlord’s lenders. If Tenant fails to respond deliver an estoppel certificate within ten (10) business days after delivery of TenantLandlord’s receipt of a written request by Landlord as herein provided, such failure therefor shall be a material default under the terms and conditions of conclusive upon Tenant that (aa) this Lease. In addition, Tenant shall be deemed to have given such certificate as above provided without modification and shall be deemed to have admitted the accuracy of any information supplied by Landlord to a prospective purchaser or mortgagee, that this Facility Lease is in full force and effect, that without modification, (bb) there are no uncured defaults in Landlord’s performance, that the security deposit is as stated in the Lease (cc) Tenant has no defenses or right of offset against its obligations hereunder, and that (dd) no more than one month’s Base Rent has been paid more than one year in advance.