Common use of Tenant’s Estoppel Clause in Contracts

Tenant’s Estoppel. Tenant hereby certifies, as of the date of the execution of this Amendment by ▇▇▇▇▇▇, that: (a) to Tenant’s actual knowledge, Landlord is not in default in any respect under the Lease; (b) Tenant does not have any defenses to its obligations under the Lease; (c) there are no offsets against rent or any other amount payable in connection with the Lease; and (d) Landlord is holding a security deposit in the amount of $131,153.33 under the Lease. Without limiting the generality of the foregoing, ▇▇▇▇▇▇ acknowledges and agrees that it has received year-end statements providing Landlord’s reconciliation of additional rent payable under Section 5 of the Original Lease for all applicable calendar years of the Tenn through and including calendar year 2018, and all amounts shown on such statements are deemed final and binding on Tenant. Tenant waives any right to challenge or assert any Claims (as defined herein) based on any such additional rent chargeable under Section 5 of the Original Lease for said prior years of the Tenn. Tenant acknowledges and agrees that: (i) the representations set forth in this Amendment constitute a material consideration to Landlord in entering into this Amendment; (ii) such representations are being made by Tenant for purposes of inducing Landlord to enter into this Amendment; and (iii) Landlord is relying on such representations in entering into this Amendment.

Tenant’s Estoppel. Tenant hereby certifies, as of the date of the execution of this Amendment by ▇▇▇▇▇▇, that: (a) to Tenant’s actual knowledge, Landlord is not in default in any respect under the Lease; (b) Tenant does not have any defenses to its obligations under the Lease; (c) there are no offsets against rent or any other amount payable in connection with the Lease; and (d) Landlord is holding a security deposit in the amount of $131,153.33 under the Lease. Without limiting the generality of the foregoing, ▇▇▇▇▇▇ acknowledges and agrees that it has received year-end statements providing Landlord’s reconciliation of additional rent payable under Section 5 of the Original Lease for all applicable calendar years of the Tenn Term through and including calendar year 2018, and all amounts shown on such statements are deemed final and binding on Tenant. Tenant waives any right to challenge or assert any Claims (as defined herein) based on any such additional rent chargeable under Section 5 of the Original Lease for said prior years of the Tenn. Term. Tenant acknowledges and agrees that: (i) the representations set forth in this Amendment constitute a material consideration to Landlord in entering into this Amendment; (ii) such representations are being made by Tenant for purposes of inducing Landlord to enter into this Amendment; and (iii) Landlord is relying on such representations in entering into this Amendment.

Tenant’s Estoppel. Tenant hereby certifiesrepresents, warrants, certifies and acknowledges that, as of the date of the mutual execution of this Amendment, (i) Tenant has had the opportunity to be represented by independent counsel of its own choosing, (ii) the individual executing this Amendment by ▇▇▇▇▇▇on behalf of Tenant has been duly authorized to act on behalf of Tenant, that: (aiii) to Tenant’s actual its knowledge, Landlord is not in default in any respect under the Lease; (biv) to its knowledge, Tenant does not have any defenses to its obligations under the Lease; (cv) there are no offsets against rent or any other amount payable in connection with the LeaseRent; and (dvi) Landlord is holding a security deposit has completed all improvements and paid all allowances required to be constructed or paid by Landlord in accordance with the amount terms of $131,153.33 under the Lease. Without limiting the generality of the foregoing, ▇▇▇▇▇▇ acknowledges and agrees that it has received year-end statements providing Landlord’s reconciliation of additional rent payable under Section 5 of the Original Lease for all applicable calendar years of the Tenn through and including calendar year 2018, and all amounts shown on such statements are deemed final and binding on Tenant. Tenant waives any right to challenge or assert any Claims (as defined herein) based on any such additional rent chargeable under Section 5 of the Original Lease for said prior years of the Tenn. Tenant acknowledges and agrees that: (ia) the representations herein set forth in this Amendment constitute a material consideration to Landlord in entering into this Amendment; (iib) such representations are being made by Tenant for purposes of inducing Landlord to enter into this Amendment; and (iiic) Landlord is relying on such representations in entering into this Amendment.

Tenant’s Estoppel. Tenant hereby certifies, as of the date of the execution of this Amendment by ▇▇▇▇▇▇, that: (a) to Tenant’s actual knowledge, Landlord is not in default in any respect under the Lease; (b) Tenant does not have any defenses to its obligations under the Lease; (c) there are no offsets against rent or any other amount payable in connection with the Lease; and (d) Landlord is holding a security deposit Security Deposit in the amount of $131,153.33 under the Lease. Without limiting the generality of the foregoing, ▇▇▇▇▇▇ acknowledges and agrees that it has received year-end statements providing Landlord’s reconciliation of additional rent payable under Section 5 of the Original Lease Reconciliation Statements for all applicable calendar years of the Tenn Operating Years through and including calendar year 20182020, and all amounts shown on such statements are each Reconciliation Statement shall be deemed final and binding on Tenant. Tenant waives any right to challenge or assert any Claims (as defined herein) based on in connection therewith, including any such additional rent chargeable under Section 5 of the Original Lease for said prior years of the Tenn. Lease. Tenant acknowledges and agrees that: (i) the representations set forth in this Amendment constitute a material consideration to Landlord in entering into this Amendment; (ii) such representations are being made by Tenant for purposes of inducing Landlord to enter into this Amendment; and (iii) Landlord is relying on such representations in entering into this Amendment.

Tenant’s Estoppel. Tenant hereby certifies, as of the date of the execution of this Amendment by ▇▇▇▇▇▇, that: (a) to Tenant’s actual knowledge, Landlord is not in default in any respect under the Lease; (b) Tenant does not have any defenses to its obligations under the Lease; (c) there are no offsets against rent or any other amount payable in connection with the Lease; and (d) Landlord is holding a security deposit in the amount of $131,153.33 99,777.33 under the Lease. Without limiting the generality of the foregoing, ▇▇▇▇▇▇ acknowledges and agrees that it has received year-end statements providing Landlord’s reconciliation of additional rent payable under Section 5 of the Original Lease for all applicable calendar years of the Tenn Term through and including calendar year 20182014, and all amounts shown on such statements are deemed final and binding on Tenant. Tenant waives any right to challenge or assert any Claims (as defined herein) based on any such additional rent chargeable under Section 5 of the Original Lease for said prior years of the Tenn. Term. Tenant acknowledges and agrees that: (i) the representations set forth in this Amendment constitute a material consideration to Landlord in entering into this Amendment; (ii) such representations are being made by Tenant for purposes of inducing Landlord to enter into this Amendment; and (iii) Landlord is relying on such representations in entering into this Amendment.