Common use of Estoppel Certificate Clause in Contracts

Estoppel Certificate. Landlord and Tenant agree that each will, at any time and from time to time, within ten (10) days following written notice by the other party hereto specifying that it is given pursuant to this Section, execute, acknowledge and deliver to the party who gave such notice, or its designate, a statement in writing certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect and stating the modifications), and the date to which the annual rent and any other payments due hereunder from Tenant have been paid in advance, if any, and stating whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party is in default in performance of any covenant agreement or condition contained in this Lease, and if so, Specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if this Lease be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the same.

Estoppel Certificate. Landlord and Tenant agree that each will, at any time and from time to time, within ten (10) days following written notice by the other party hereto specifying that it is given pursuant to this Section, execute, acknowledge and deliver to the party who gave such notice, or its designate, a statement in writing certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect and stating the modifications), and the date to which the annual rent and any other payments due hereunder from Tenant have been paid in advance, if any, and stating whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party is in default in performance of any covenant agreement or condition contained in this Lease, and if so, Specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if this Lease be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Leased Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the same.

Estoppel Certificate. Landlord and Tenant agree that each will, at any time and from time to time, within ten (10) days following written notice by the other party hereto specifying that it is given pursuant to this Section, execute, acknowledge and deliver to the party who gave such notice, or its designate, a statement in writing certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect and stating the modifications), and the date to which the annual rent and any other payments due hereunder from Tenant have been paid in advance, if any, and stating whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party is in default in performance of any covenant agreement or condition contained in this Lease, and if so, Specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s 's business operations (and the Guarantor of this Lease, if this Lease be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Leased Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the same.

Estoppel Certificate. Landlord and Tenant agree that each will, at any time and from time to time, within ten (10) business days following written notice by the other party hereto specifying that it is given pursuant to this Section, execute, acknowledge and deliver to the party who gave such notice, or its designate, a statement in writing certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect and stating the modifications), and the date to which the annual rent and any other payments due hereunder from Tenant have been paid in advance, if any, and stating whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party is in default in performance of any covenant agreement or condition contained in this Lease, and if so, Specifying specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if this Lease be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the same.

Estoppel Certificate. Landlord and Tenant agree that each willagrees that, at any time and from time to timetime upon not less than twenty (20) days’ prior request by Landlord, within ten (10) days Landlord’s lessor or any mortgagee, Tenant or Tenant’s duly authorized representative having knowledge of the following written notice by the other party hereto specifying that it is given pursuant to this Section, execute, acknowledge and facts will deliver to the party who gave such notice, or its designate, Landlord a statement in writing certifying (i) that this Lease is unmodified and in full force and effect (or if there have been modifications, that a description of such modifications), (ii) to the same best of Tenant’s knowledge, this Lease (as modified if there were modifications) is in full force and effect and stating effect, (iii) the modifications), and the date dates to which the annual rent Rent and any other payments due hereunder from Tenant charges have been paid in advance, if any, and stating whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not paid; (iv) to the best of knowledge of the signer of such certificate the other party Tenant’s knowledge, that Landlord is not in default in performance of under any covenant agreement or condition contained in this Lease, and if so, Specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor provision of this Lease, or, if in default, the nature thereof in detail; (v) if true, that the Premises have been delivered to Tenant by Landlord and accepted by Tenant; (vi) that there are no proceedings pending against Tenant which have been adversely decided and which would affect Tenant’s obligations under this Lease be guaranteed(or if there are such proceedings, identifying such proceedings; (vii) that Tenant has not made a claim against Landlord which has not been resolved or satisfied (or is any such claim has not been resolved or satisfied, stating such claims and its status); and (viii) such further matters as may reasonably be reasonably requested by Landlord; it being intended that any Mortgagee such statement may be relied upon by any prospective assignee of Landlord, any mortgagee or prospective mortgagee of the Building, any prospective assignee of any such mortgagee, or purchaser. The failure any prospective and/or subsequent purchaser or transferee of either party to execute, acknowledge and deliver to the other all or a statement in accordance with the provisions part of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an Landlord’s interest in the Building Property, the Office Section or the Building, or any party thereof other person having an interest therein. Tenant shall execute and deliver whatever additional instruments may reasonably be required for such purposes. Tenant’s failure to deliver any of the foregoing instruments or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date statement within twenty (20) days of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to Landlord’s request therefor in writing by Landlord, and Tenant shall still remain liable for be deemed to be an acknowledgement that the samestatements contained therein are true.

Estoppel Certificate. Landlord and Tenant agree that each willUpon not less than fifteen (15) days’ prior written request by Landlord, at any time and from time to time, within ten (10) days following written notice by the other party hereto specifying that it is given pursuant to this Section, execute, acknowledge and deliver to the party who gave such notice, or its designate, Landlord a statement in writing writing, which may be in the form attached hereto as Exhibit E or in another form reasonably similar thereto, or such other form as Landlord may provide from time to time, certifying all or any of the following: (i) that this Lease is unmodified and in full force and effect effect, (or ii) whether the term has commenced and Fixed Rent and Additional Rent have become payable hereunder and, if there so, the dates to which they have been modificationspaid, that the same is in full force and effect and stating the modifications), and the date to which the annual rent and any other payments due hereunder from Tenant have been paid in advance, if any, and stating (iii) whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party Landlord is in default in performance of any covenant agreement or condition contained in this Lease, and if so, Specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor terms of this Lease, if (iv) whether Tenant has accepted possession of the Premises, (v) whether Tenant has made any claim against Landlord under this Lease and, if so, the nature thereof and the dollar amount, if any, of such claim, (vi) whether to Tenant’s knowledge there exist any offsets or defenses against enforcement of any of the terms of this Lease upon the part of Tenant to be guaranteedperformed, and (vii) such further information with respect to the Lease or the Premises as Landlord may reasonably request. Any such statement delivered pursuant to this subsection 6.1.11 may be relied upon by any prospective purchaser or mortgagee of the Premises, or any prospective assignee of such mortgage. Landlord hereby agrees to provide Tenant with an estoppel certificate signed by Landlord, containing the same type of information, and within the same time period, as set forth above, with such changes as are reasonably necessary to reflect that the estoppel certificate is being granted and signed by Landlord to Tenant, rather than by Tenant to Landlord or a lender. Tenant shall also deliver to Landlord such financial information as may be reasonably requested required by Landlord to be provided to any Mortgagee mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as purchaser of the date of Premises, provided such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the sameparty first executes a reasonable confidentiality agreement with Tenant.

Estoppel Certificate. Landlord and Tenant agree that each will, at At any time and from time to time, within upon not less than ten (10) days following written prior notice by Landlord, the other party hereto specifying that it is given pursuant "Superior Lessor," or the "Superior Mortgagee" (as both are herein after defined) to this SectionTenant, Tenant shall comply with, execute, acknowledge and deliver in writing addressed to such party as designated by Landlord or the Superior Lessor or the Superior Mortgagee, as the case may be (hereinafter collectively called the "Requesting Party"), certifying to the party who gave such notice, or its designate, a statement in writing certifying following: (i) that this Lease is unmodified and in full force and effect (effect, or if there have been modifications, that the same Lease is in full force and effect effect, as modified, and stating the modifications); (ii) whether the Term has commenced and Minimum Rent, and Additional Rent have become payable hereunder and, if so, the date dates to which the annual rent and any other payments due hereunder from Tenant they have been paid in advance, if any, and stating paid; (iii) whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party Landlord is in default in performance of any covenant agreement or condition contained in of the terms of this Lease, and if so, Specifying specifying each such default of which the maker xxxxxx may have knowledge; (iv) whether Tenant has accepted possession of the Premises; (v) whether Tenant has made any claim against Landlord under this Lease and, if so, the nature thereof and the dollar amount, if any, of such claim; (vi) whether there are any offsets or defenses existing against enforcement of any of the terms of this Lease upon the part of Tenant to be performed, and, if so, specifying same; (vii) either that Tenant does not know of any default in the performance of any provisions of this Lease or specifying any default of which Tenant may have knowledge and if requestedstating what action is taken or proposes to take with respect thereto; (viii) that, such financial information concerning to the best knowledge of Tenant, there are no proceedings pending or threatened against Tenant and Tenant’s business operations (and the Guarantor of this Leasebefore or by a court or administrative agency which, if adversely decided, would materially and adversely effect the financial condition or operations of Tenant, or, if any such proceedings are pending or threatened to the best knowledge of Tenant, specifying and describing same; and (ix) such further information with respect to the Lease or the Premises as the Requesting Party may reasonably request or require, it being intended that any such statement delivered pursuant to this Lease be guaranteed) as Section 13.01 may be reasonably requested relied upon by any prospective purchaser of the Office Building or any part thereof or the interest of Landlord in any part thereof, by any prospective Superior Mortgagee or any prospective mortgagee Superior Lessor, or purchaserby any prospective assignees of such parties. The failure of either party Tenant to execute, acknowledge and deliver to the other provide a complete statement in accordance with the provisions of this Section 13.01 within said the required ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any a default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the samehereunder.

Estoppel Certificate. Landlord and Tenant agree that each willagrees, at any time time, and from time to time, within ten (10) days following written upon not less than 20 days’ prior notice by the other party hereto specifying that it Landlord (and which 20-day period is given pursuant not subject to any notice and cure periods otherwise provided under this SectionLease), to execute, acknowledge and deliver to the party who gave such notice, or its designateLandlord, a statement in writing addressed to Landlord or other party designated by Landlord certifying that this Lease is unmodified and in full force and effect (or or, if there have been modifications, that the same is in full force and effect as modified and stating the modifications), stating the actual commencement and expiration dates of the date Lease, stating the dates to which the annual rent and any other payments due hereunder from Tenant have been paid in advancecharges, if any, have been paid, that the Premises have been completed on or before the date of such certificate and that all conditions precedent to the Lease taking effect have been carried out, that Tenant has accepted possession, that the Term has commenced, Tenant is occupying the Premises and is open for business, stating whether or not there are defenses or offsets claimed exists any default by either party in the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party is in default in performance of any covenant agreement covenant, agreement, term, provision or condition contained in this Lease, and if so, Specifying specifying each such default of which the maker signer may have knowledge and the claims or offsets, if requestedany, claimed by Tenant, and such financial information concerning other matters reasonably required by Landlord or any prospective purchaser, mortgagee or beneficiary of the Building; it being intended that any such statement delivered pursuant hereto may be relied upon by Landlord or a purchaser of Landlord’s interest and by any mortgagee or beneficiary or prospective mortgagee or beneficiary of any mortgage or deed of trust affecting the Premises or the Building. If Tenant does not deliver such statement to Landlord within such ten (10) day period, Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been canceled or terminated except as otherwise represented by Landlord; (iii) that not more than one month’s Base Rent or other charges have been paid in advance; and (iv) that Landlord is not in default under the Lease. In such event, Tenant shall be estopped from denying the truth of such facts. Tenant shall also, on 20 days’ written notice, provide an agreement in favor of and in the form customarily used by such encumbrance holder, by the terms of which Tenant will agree to give prompt written notice to any such encumbrance holder in the event of any casualty damage to the Premises or in the event of any default on the part of Landlord under this Lease, and will agree to allow such encumbrance holder a reasonable length of time after notice to cure or cause the curing of such default before exercising Tenant’s business operations (and the Guarantor right of self-help under this Lease, if any, or terminating or declaring a default under this Lease be guaranteedLease, In the event Tenant fails to timely deliver any document under this Paragraph 19.02, Landlord may charge Tenant a penalty of Fifty Dollars ($50) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business for each day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease delivery is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the samedelinquent.

Estoppel Certificate. Landlord and Tenant agree that each will, shall at any time and from time to time, within time upon not less than ten (10) days following written business days’ prior notice by the other party hereto specifying that it is given pursuant to this Sectionfrom Landlord, execute, acknowledge and deliver to the party who gave such notice, or its designate, Landlord a statement in writing certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as modified and stating the modifications), and the date dates to which the annual rent and any other payments due hereunder from Tenant have Rent has been paid in advance, if any, and stating whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not not, to the best of knowledge of the signer of such certificate the other party Tenant, Landlord is in default in performance of any covenant agreement covenant, agreement, term, provision or condition contained in this LeaseLease and, and if so, Specifying specifying each such default of which the maker default, and such other facts as Landlord may have knowledge and if requestedreasonably request, it being intended that any such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if this Lease be guaranteed) as statement delivered pursuant hereto may be reasonably requested relied upon by any prospective purchaser of the Building or of any interest of Landlord therein, any Mortgagee or prospective mortgagee Mortgagee thereof, any lessor or purchaserprospective lessor thereof, any lessee or prospective lessee thereof, or any prospective assignee of any mortgage thereof. The failure of either party Landlord shall at any time and from time to time upon not less than ten (10) business days’ prior notice from Tenant execute, acknowledge and deliver to the other Tenant a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, writing certifying that this Lease is unmodified and in full force and effect and that such rents (or if there have been duly modifications, that the same is in full force and fully effect as modified and stating the modifications), and the dates to which Rent has been paid in advance, if any, stating whether or not, to an including the respective due dates immediately preceding knowledge of Landlord, Tenant is in default in performance of any covenant, agreement, term, provision or condition contained in this Lease and, if so, specifying each such default, and such other facts as Tenant may reasonably request, it being intended that any such statement delivered pursuant hereto may be relied upon by any prospective Transferee, or any lender or prospective lender of any Tenant. Time is of the date essence with respect to any such requested certificate, the parties hereby acknowledging the importance of such notice certificates in mortgage financing arrangements, prospective sales and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver the like. In the case of any defaults which may exist prior to discrepancy between the date of such notice; providedLease and the Estoppel Certificate, however that nothing contained in the provision of this Section Lease shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the samegovern.

Estoppel Certificate. Landlord and Tenant agree that each will, at any time and from time to time, within Upon not less than ten (10) days following days’ prior written notice request by the other party hereto specifying that it is given pursuant Landlord, to this Section, execute, acknowledge and deliver to the party who gave such notice, or its designate, Landlord a statement in writing writing, which may be in the form attached hereto as Exhibit F or in another form reasonably similar thereto, or such other commercially reasonable form as Landlord may provide from time to time, certifying all or any of the following to the extent true: (i) that this Lease is unmodified and in full force and effect effect, (or ii) whether the term has commenced and Fixed Rent and Additional Rent have become payable hereunder and, if there so, the dates to which they have been modificationspaid, that the same is in full force and effect and stating the modifications), and the date to which the annual rent and any other payments due hereunder from Tenant have been paid in advance, if any, and stating (iii) whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party Landlord is in default in performance of any covenant agreement or condition contained in this Lease, and if so, Specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor terms of this Lease, if (iv) whether Tenant has accepted possession of the Premises, (v) whether Tenant has made any claim against Landlord under this Lease and, if so, the nature thereof and the dollar amount, if any, of such claim, (vi) whether there exist any offsets or defenses against enforcement of any of the terms of this Lease upon the part of Tenant to be guaranteedperformed, and (vii) such further information with respect to the Lease or the Premises as Landlord may reasonably request. Any such statement delivered pursuant to this subsection 6.1.11 may be relied upon by any prospective purchaser or mortgagee of the Premises, or any prospective assignee of such mortgage. Tenant shall also deliver to Landlord such financial information as may be reasonably requested required by Landlord to be provided to any Mortgagee mortgagee or prospective mortgagee or purchaserpurchaser of the Premises. The failure requirement of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and sentence shall constitute, not apply as to any person entitled long as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the sameis a publicly traded company.

Estoppel Certificate. Landlord and Tenant agree that each willagrees, at any time and from time to timeno more frequently than once per year, within upon not less than ten (10) days following written business days' prior notice by the other party hereto specifying that it is given pursuant Landlord, to this Section, execute, acknowledge and deliver to the party who gave such notice, or its designateLandlord, a statement in writing addressed to Landlord or other party designated by Landlord certifying that this Lease is unmodified and in full force and effect (or or, if there have been modifications, that the same is in full force and effect as modified and stating the modifications), stating the actual commencement and expiration dates of the date Lease, stating the dates to which the annual rent rent, and any other payments due hereunder from Tenant have been paid in advancecharges, if any, have been paid, that the Leased Premises have been completed on or before the date of such certificate and that all conditions precedent to the Lease taking effect have been carried out, that Tenant has accepted possession, that the lease term has commenced, Tenant is occupying the Leased Premises and is open for business, and stating whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not to the best of Tenant's knowledge of and belief there exists any default by either party in the signer of such certificate the other party is in default in performance of any covenant agreement covenant, agreement, term, provision or condition contained in this Lease, and and, if so, Specifying specifying each such default of which the maker signer may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Leaseclaims or offsets, if this Lease be guaranteed) as any, claimed by the Tenant, it being intended that any such statement delivered pursuant hereto may be reasonably requested relied upon by Landlord or a purchaser of Landlord's interest and by any Mortgagee mortgagee or prospective mortgagee of any mortgage affecting the Leased Premises or purchaserthe Property. The failure of either party Landlord agrees, no more frequently than once per year, upon not less than ten (10) business days' prior notice by Tenant, to execute, acknowledge and deliver to the other Tenant, a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, writing addressed to Tenant or other party designated by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, Tenant certifying that this Lease is unmodified and in full force and effect and that such rents (or, if there have been duly modifications, that the same is in full force and fully paid effect as modified and stating the modifications), stating the actual commencement and expiration dates of the Lease, stating the dates to an including which Rent, and other charges, if any, have been paid, that the respective due dates immediately preceding Leased Premises have been completed on or before the date of such notice certificate and shall constitutethat all conditions precedent to the Lease taking effect have been carried out, as that Tenant has accepted possession, that the lease term has commenced, Tenant is occupying the Leased Premises and is open for business, and stating whether or not to the best of Landlord's knowledge and belief there exists any default by either party in the performance of any covenant, agreement, term, provision or condition contained in this Lease, and, if so, specifying each such default of which the signer may have knowledge and the claims or offsets, if any, claimed by the Landlord, it being intended that any such statement delivered pursuant hereto may be relied upon by Tenant or any person entitled as aforesaid to rely upon whom Tenant may deliver such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the samecertificate.

Estoppel Certificate. Landlord and Tenant agree that each will, at At any time and from time to -------------------- time, either party shall, upon the request of the other and in addition to any certificate requested under section 10.7 hereof related to limitations ------------ on set off rights, within ten thirty (1030) days following after written notice request by the other party hereto specifying that it is given pursuant to this SectionLandlord, execute, acknowledge and deliver to the non-requesting party who gave such notice, or its designate, a statement in writing certifying certificate certifying: (a) that this Lease is unmodified and in full force and effect (or or, if there have been modifications, that the same this Lease is in full force and effect as modified, and stating the modificationsdate and nature of each modification), ; (b) the Commencement Date and the date to which Expiration Date determined in accordance with Article 2 hereof and the annual rent and any other payments due hereunder from Tenant have been paid in advancedate, if any, to which all rent and stating whether or other sums payable hereunder have been paid; (c) that no notice has been received of any default hereunder which has not there are defenses or offsets claimed by the maker of the certificate and whether or not been cured, except as to defaults specified in such certificate; (d) that to the best of knowledge of the signer of such certificate non-requesting party's knowledge, the other requesting party is not in default in performance of any covenant agreement or condition contained in under this Lease, except as to defaults specified in such certificate; and if so, Specifying each (e) such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if this Lease be guaranteed) other matters as may be reasonably requested by the requesting party or any Mortgagee actual or prospective mortgagee purchaser or purchasermortgage lender. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given Any such notice, which certificate may be relied on upon by the requesting party and any person holding actual or proposing to acquire an interest in prospective purchaser or mortgage lender of the Building Property or any party thereof part thereof, or the Premises any prospective assignee or this Lease subtenant or Affiliate of Tenant. At any time and from or through the other partytime to time, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constituteTenant shall, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing within thirty (30) days after written request by Landlord, deliver to Landlord copies of all current financial statements (including a balance sheet, an income statement, and an accumulated retained earnings statement), annual reports, and other financial and operating information and data of Tenant prepared by Tenant in the course of Tenant's business. Unless available to the public, Landlord shall still remain liable for disclose such financial statements, annual reports and other information or data only to actual or prospective purchasers or mortgage lenders of the sameProperty or any part thereof, and otherwise keep them confidential unless other disclosure is required by law.

Estoppel Certificate. Landlord and Tenant agree that each willagree, at any time and from time to time, within ten (10) days following days’ of written notice request by the other party hereto specifying that it is given pursuant to this Section, execute, acknowledge and deliver to the party who gave such noticeparty, or its designate, a statement in writing certifying that this Lease is unmodified and in full force and effect mortgagee (or if there have been modifications, that the same is in full force and effect and stating the modifications“Requesting Party”), and the date to which the annual rent and any other payments due hereunder from Tenant have been paid in advance, if any, and stating whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party is in default in performance of any covenant agreement or condition contained in this Lease, and if so, Specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if this Lease be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other Requesting Party a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, writing certifying: that this Lease is unmodified and presently in full force and effect and unmodified except as may be indicated, with a true and correct copy of the Lease and any and all amendments and side agreements, if any, attached; the commencement and expiration dates of the Term; that such rents the Tenant has accepted possession of the Premises except as may be indicated, any improvements required by the terms of this Lease to be made by the Landlord have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior completed to the satisfaction of the Tenant except as may be indicated; that no rent under the Lease has been paid more than thirty (30) days in advance of its due date of such notice(except for security deposits, if any, in a specified amount); provided, however that nothing contained the addresses for notices to be sent to the Landlord and Tenant are as set forth in the provision of this Section shall constitute waiver by Landlord of any default Lease or as specified in payment of rent or other charges existing such certificate; that the Tenant as of the date of executing the certificate has no charge, lien or claim of offset under the Lease, or otherwise, against rents or other charges due or to become due thereunder except as may be indicated; that the Requesting Party is not in default of its obligations under this Lease, except as may be indicated; and as to such other information as the Requesting Party’s lender, prospective lender, purchaser or prospective purchaser may reasonably require. In addition, in the event the Tenant receives written notice andfrom the Landlord and the holder of a mortgage, unless expressly consented to in writing by Landlordor ground lease on the Property so requesting, and the Tenant shall still remain liable enter into a written agreement with the holder of such mortgage, or ground lease containing such provisions as the holder shall reasonably require, including, without limitation, provisions that: (1) the Tenant will not pay any rent under the Lease more than thirty (30) days in advance of its due date (except for security deposits); (2) Tenant will not enter into or consent to the samemodification of any of the terms of this Lease nor to the termination thereof by the Landlord without the mortgagee’s or ground lessor’s prior written consent; and (3) Tenant will not seek to terminate this Lease by reason of any act or omission of the Landlord until the Tenant shall have given written notice of such act or omission to the holder of such mortgage, or ground lease (at such holder’s last address furnished the Tenant) and until a reasonable period of time shall have elapsed following the giving of such notice, but in no event less than thirty (30) days, during which period such holder shall have the right, but shall not be obligated to remedy such act or omission.

Estoppel Certificate. Landlord and Tenant agree that each will, at any time and from time to time, shall within ten (10) days following after each prior written notice by the other party hereto specifying that it is given pursuant to this Sectionrequest from Landlord, execute, acknowledge execute and deliver in form and substance satisfactory to Landlord, an estoppel letter signed by an officer or partner of Tenant and certifying the party who gave such notice, or its designate, a statement in writing certifying that status of the following: the Commencement Date and the Expiration Date; the date to which Rent has been paid; the amount of Rent then being paid; the amount of any security deposit; Tenant acceptance of the Premises; if this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect and if it has been modified, amended or assigned (or, if modified, stating the modificationsnature of such modification and certifying that this Lease, as so modified, is in full force and effect), and the date to ; if all improvements have been fully completed; if there are defaults of Landlord under this Lease or any existing condition upon which the annual rent and giving of notice or lapse of time would constitute a default; if Tenant has received any other payments due hereunder from Tenant have been paid in advance, concession; if any, and stating whether or not there are defenses offsets to the payment of Rent; if Tenant has received notice from any insurance company of any defects or offsets claimed by the maker inadequacies of the certificate and whether Premises; if Tenant has options or not to the best of knowledge of the signer of such certificate the rights other party is in default in performance of any covenant agreement or condition contained than as set forth in this Lease; and such other matters which Landlord may reasonably request. If the letter is to be delivered to a purchaser or other subsequent owner of the Project, and if so, Specifying each it shall further include the agreement of Tenant to recognize such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if purchaser or other subsequent owner as Landlord under this Lease be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party and to execute, acknowledge and deliver pay Rent to the purchaser or other a statement subsequent owner or its designee in accordance with the provisions terms of this Section Lease. It is expressly understood and agreed that any such statement may be relied upon by any prospective purchaser, mortgagee or ground lessor of all or any portion of the Project. Tenant's failure to deliver such statement within said ten (10) business -day period shall constitute be an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or event of default under this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the sameLease.

Estoppel Certificate. Landlord and Tenant agree Lessee agrees that each it will, at any time and from time to time, within ten (10) Business days following written notice by the other party hereto Lessor specifying that it is given pursuant to this Section, execute, acknowledge and deliver to the party who gave such notice, or its designate, Lessor a statement in writing certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect and stating the modifications), and the date to which the annual rent Minimum Base Rent, Percentage Rent and any other payments due hereunder from Tenant Lessee have been paid in advance, if any, and stating whether or not there are defenses or offsets claimed by the maker of the certificate Lessee and whether or not to the best of knowledge of the signer of such certificate the other party Lessee, Lessor is in default in performance of any covenant any, covenant, agreement or condition contained in this Lease, and if so, Specifying specifying each such default of which the maker Lessee may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if this Lease be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaserknowledge. The failure of either party Lessee to execute, acknowledge and deliver to the other Lessor a statement in accordance with the provisions of this Section within said ten (10) business Business day period shall constitute an acknowledgment, Event of Default hereunder and shall also constitute an acknowledgment by the party given such noticeLessee, which may be relied on by any person holding or proposing to acquire an interest in the Building Property or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an and including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statementsstatement, a waiver of any defaults which may exist prior to the date of such notice; provided, however . It is agreed that nothing contained in the provision provisions of this Section shall constitute waiver by Landlord Lessor of any default in payment of rent Rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by LandlordLessor and, and Tenant Lessee shall still remain liable for the same.

Estoppel Certificate. Landlord and Tenant agree that each willagrees periodically, at any time and from time but not more than two (2) times per year, to time, furnish within ten twenty (1020) days following after written notice request by Landlord or the other party hereto specifying that it is given pursuant to this Sectionholder of any deed of trust, execute, acknowledge and deliver to mortgage or security agreement covering the party who gave such notice, Project or its designateany interest of Landlord therein, a statement in writing certificate signed by a Tenant certifying (a) that this Lease is unmodified and in full force and effect and unmodified (or if there have been modifications, that the same is in full force and effect as modified and stating the modifications), (b) as to the Commencement Date and the date through which Monthly Rental has been paid, (c) that Tenant has accepted possession of the Premises and that any improvements required by the terms of this Lease to which the annual rent and any other payments due hereunder from Tenant be made by Landlord have been completed to the satisfaction of Tenant, or if Tenant has not accepted or if Landlord’s work is not complete, stating same, (d) that except as stated in the certificate no Rent has been paid more than thirty (30) days in advanceadvance of its due date, if any(e) that the address for notices to be sent to Tenant is as set forth in this Lease (or has been changed by notice duly given and is as set forth in the certificate), and stating whether or not there are defenses or offsets claimed by (f) that except as stated in the maker certificate, Tenant, as of the certificate and whether or not date of such certificate, has, to the best of knowledge Tenant’s current actual knowledge, no charge, lien, or claim of offset against Rent due or to become due, (g) that except as stated in the signer certificate. Landlord is not then, to the best of such certificate the other party is Tenant’s current actual knowledge, in default in performance of any covenant agreement or condition contained in under this Lease, and if so(h) that there are no renewal or extension options, Specifying each such default purchase options, rights of which first refusal or the maker may have knowledge and if requested, such financial information concerning like in favor of Tenant and Tenant’s business operations (and the Guarantor of this Lease, if except as set forth in this Lease be guaranteedand (i) as to such other matters as may be reasonably requested by Landlord or the holder of any Mortgagee such deed of trust, mortgage or prospective mortgagee or purchasersecurity agreement. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given Any such notice, which certificate may be relied on upon by any person holding or proposing to acquire an interest in the Building ground lessor, prospective purchaser, secured party, mortgagee or any party beneficiary under any mortgage, deed of trust on the Project or any part thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date interest of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the sametherein.

Estoppel Certificate. Landlord and Tenant agree that each will, Either party shall at any time and from time to time, within time upon not less than ten (10) days following written business days’ prior notice by to the other party hereto specifying that it is given pursuant to this Section(the “Requesting Party”), execute, acknowledge and deliver to the party who gave such notice, or its designate, Requesting Party a statement in writing certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as modified and stating the modifications), and the date dates to which the annual rent Yearly Rent and any other payments due hereunder from Tenant charges have been paid in advance, if any, and stating whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party is in default in performance of any covenant agreement covenant, agreement, term, provision or condition contained in this LeaseLease and, and if so, Specifying specifying each such default and such other facts as the Requesting Party may reasonably request and which are customarily included in estoppels certificates, it being intended that any such statement delivered pursuant hereto may be relied upon by any prospective purchaser of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (Building or of the Building and the Guarantor land or of this Leaseany interest of Landlord therein, if this Lease be guaranteed) as may be reasonably requested by any Mortgagee mortgagee or prospective mortgagee thereof, any lessor or purchaserprospective lessor thereof, any lessee or prospective lessee thereof, or any prospective assignee of any mortgage thereof. The failure Time is of either party the essence in respect of any such requested certificate, both parties hereby acknowledging the importance of such certificates in mortgage financing arrangements, prospective sale and the like. If Tenant fails to execute, acknowledge so execute and deliver to the other a statement in accordance with the provisions of this Section such estoppel certificate within said such ten (10) business day period period, then Landlord shall constitute an acknowledgmentbe entitled to send Tenant a second notice requesting such execution and delivery of such estoppel certificate (“Second Notice”), by and if Tenant fails to execute and deliver such estoppel certificate within three (3) days after the party given such noticeSecond Notice, which may be relied on by any person holding or proposing then Tenant shall pay to acquire an interest Landlord a fee in the Building or any party thereof or amount of Five Hundred and 00/100 Dollars ($500.00) per day for each day beyond the Premises or this Lease from or through third (3rd) day after the Second Notice that Txxxxx fails to execute and deliver such estoppel certificate. Such fee shall be in addition to Lxxxxxxx’s other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the sameremedies hereunder.

Estoppel Certificate. Landlord and Tenant agree that each willAt any time, at any time and from time to time, within ten Tenant shall, promptly and in no event later than twenty (1020) days following written notice by the other party hereto specifying that it is given pursuant to this Sectionafter a request from Landlord or any Lender or mortgagee of Landlord, execute, acknowledge and deliver to Landlord or such Lender or mortgagee, as the party who gave such notice, or its designatecase may be, a statement certificate in writing certifying the form supplied by Landlord, certifying: (a) that Tenant has accepted the Property; (b) that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect and stating the has not been modified (or if modified, setting forth all modifications), or, if this Lease is not in full force and effect, the certificate shall so specify the reasons therefor; (c) the commencement and expiration dates of the Lease Term; (d) the date to which the annual rent and any other payments due hereunder from Tenant Rentals have been paid in advance, if any, under this Lease and stating the amount thereof then payable; (e) whether or not there are defenses or offsets claimed then any existing defaults by Landlord in the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party is in default in performance of any covenant agreement or condition contained in its obligations under this Lease, and if so, Specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Leaseand, if there are any such defaults, specifying the nature and extent thereof; (f) that no notice has been received by Tenant of any default under this Lease be guaranteedwhich has not been cured, except as to defaults specified in the certificate; (g) as may be the capacity of the Person executing such certificate, and that such Person is duly authorized to execute the same on behalf of Tenant; (h) that neither Landlord nor any Lender or mortgagee has actual involvement in the management or control of decision making related to the operational aspects or the day-to-day operation of the Property, including any handling or disposal of Hazardous Materials or Regulated Substances; and (i) any other information reasonably requested by Landlord or any Mortgagee Lender or prospective mortgagee mortgagee, as the case may be. If Tenant shall fail or purchaser. The failure of either party refuse to execute, acknowledge and deliver to the other sign a statement certificate in accordance with the provisions of this Section 9.05 within said ten twenty (1020) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing days following a request by Landlord, Tenant irrevocably constitutes and Tenant shall still remain liable for appoints Landlord as its attorney-in-fact to execute and deliver the samecertificate to any such third party, it being stipulated that such power of attorney is coupled with an interest and is irrevocable and binding.

Estoppel Certificate. Landlord and Tenant agree that each will, at any time and from time to time, Lessee shall within ten twelve (1012) business days following written notice request by the other party hereto specifying that it is given pursuant to this Section, execute, acknowledge Lessor execute and deliver to Lessor any reasonable documents, including estoppel certificates, in the party who gave such noticeform prepared by Lessor (a) certifying the date of commencement of this Lease, or its designate, a statement in writing (b) certifying that this Lease is unmodified and in full force and effect (or or, if there have been modificationsmodified, stating the nature of such modification and certifying that the same this Lease, as so modified, is in full force and effect and effect, (c) stating the modificationsdates to which Rent and any other amounts payable hereunder have been paid and the amount of any unforfeited security deposit then held by Lessor, (d) certifying that no Defaults exist as of such date, or, if there are any Defaults, stating the nature of such Defaults, (e) acknowledging that there are not, to Lessee’s knowledge, any uncured defaults on the part of Lessor, or, if there are uncured defaults on the part of the Lessor, stating the nature of such uncured defaults, (f) acknowledging that Lessee does not have any claim or right of offset against Lessor (or if Lessee does have any such claim or right of offset, the nature of such claim or right of offset), and the date (g) setting forth such other matters as may reasonably be requested by Lessor. Lessee’s failure to which the annual rent deliver an estoppel certificate within twelve (12) business days after delivery of Lessor’s written request therefor shall be conclusive upon Lessee (u) that this Lease is in full force and any other payments due hereunder from Tenant have effect, without modification except as may be represented by Lessor, (v) that there are now no uncured defaults in Lessor’s performance, (w) that no Rent has been paid in advance, if any(x) that Lessee has no claims or rights of offset against Lessor, (y) that no Defaults then exist, and stating whether or not there (z) that such other matters as were set forth in such estoppel certificate as prepared by Lessor are defenses or offsets claimed by the maker of the certificate true and whether or not to the best of knowledge of the signer of correct; provided, further, that such certificate the other party is in default in performance of any covenant agreement or condition contained in this Lease, and if so, Specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor failure shall constitute a breach of this Lease, if this Lease be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the same.

Estoppel Certificate. Landlord and Tenant agree that each willTenant, at any time and shall, from time to time, within ten (10) days following written notice [ ] Business Days after request by the other party hereto specifying that it is given pursuant to this SectionLender, execute, acknowledge and deliver to the party who gave such notice, or its designate, Lender a statement in writing by Tenant certifying (a) that this the Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as modified and stating the modifications), and (b) the date to which the annual rent and any amounts of fixed rent, additional rent, or other payments due hereunder from Tenant have been paid in advancesums, if any, which are payable in respect of the Lease and stating the commencement date and expiration date of the Lease, (c) the dates to which the fixed rent, additional rent, and other sums which are payable in respect to the Lease have been paid, (d) whether or not there are defenses Tenant is entitled to any then presently accrued credits or offsets claimed by against rent, and, if so, the maker reasons therefor and the amount thereof, (e) that to Tenant’s actual knowledge (without investigation) it is not in default in the performance of any of its obligations under the Lease and no event has occurred which, with the giving of notice or the passage of time, or both, would constitute such a default, (f) whether or not, to the actual knowledge (without investigation) of the certificate and whether or not to the best person certifying on behalf of knowledge of the signer of such certificate the other party Tenant, Landlord is in default in the performance of any covenant agreement or condition contained in this of its obligations under the Lease, and and, if so, Specifying each such default of which specifying the maker may have knowledge and if requestedsame, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Leaseg) whether or not, if this Lease be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance actual knowledge (without investigation) of such person, any event has occurred which with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date giving of such notice or passage of time, or both would constitute such a default, and, if so, specifying each such event, and shall constitute(h) whether or not, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date actual knowledge (without investigation) of such notice; providedperson, however Tenant has any then presently accrued claims, defenses or counterclaims against Landlord under the Lease, and, if so, specifying the same, it being intended that nothing contained any such statement delivered pursuant hereto shall be deemed a certification by Tenant to be relied upon by Lender and by others with whom Lender may be dealing. Tenant also shall include in any such statement such other information concerning the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as status of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the sameLease as Lender may reasonably request.

Estoppel Certificate. Landlord and Tenant agree that each will, Either party shall at any time and from time to time, within time upon not less than ten (10) days following written business days’ prior notice by to the other party hereto specifying that it is given pursuant to this Section(the “Requesting Party”), execute, acknowledge and deliver to the party who gave such notice, or its designate, Requesting Party a statement in writing certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as modified and stating the modifications), and the date dates to which the annual rent Yearly Rent and any other payments due hereunder from Tenant charges have been paid in advance, if any, and stating whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party is in default in performance of any covenant agreement covenant, agreement, term, provision or condition contained in this LeaseLease and, and if so, Specifying specifying each such default and such other facts as the Requesting Party may reasonably request and which are customarily included in estoppels certificates, it being intended that any such statement delivered pursuant hereto may be relied upon by any prospective purchaser of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (Building or of the Building and the Guarantor land or of this Leaseany interest of Landlord therein, if this Lease be guaranteed) as may be reasonably requested by any Mortgagee mortgagee or prospective mortgagee thereof, any lessor or purchaserprospective lessor thereof, any lessee or prospective lessee thereof, or any prospective assignee of any mortgage thereof. The failure Time is of either party the essence in respect of any such requested certificate, both parties hereby acknowledging the importance of such certificates in mortgage financing arrangements, prospective sale and the like. If Tenant fails to execute, acknowledge so execute and deliver to the other a statement in accordance with the provisions of this Section such estoppel certificate within said such ten (10) business day period period, then Landlord shall constitute an acknowledgmentbe entitled to send Tenant a second notice requesting such execution and delivery of such estoppel certificate (“Second Notice”), by and if Tenant fails to execute and deliver such estoppel certificate within three (3) days after the party given such noticeSecond Notice, which may be relied on by any person holding or proposing then Tenant shall pay to acquire an interest Landlord a fee in the Building or any party thereof or amount of Five Hundred and 00/100 Dollars ($500.00) per day for each day beyond the Premises or this Lease from or through third (3rd) day after the Second Notice that Xxxxxx fails to execute and deliver such estoppel certificate. Such fee shall be in addition to Xxxxxxxx’s other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the sameremedies hereunder.

Estoppel Certificate. Landlord and Tenant agree Each party agrees that each it will, at any time and from time to time, within ten (10) business days following written notice by the other requesting party hereto specifying that it is given pursuant to this Sectionsection, execute, acknowledge and deliver to the requesting party who gave such notice, or its designate, a statement in writing certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect and stating the modifications), and the date to which the annual rent Base Rent, Percentage Rent and any other payments due hereunder from Tenant Lessee have been paid in advance, if any, and stating whether or not there are defenses or offsets claimed by the maker of the certificate certifying party and whether or not to the best of knowledge of certifying party, the signer of such certificate the other requesting party is in default in performance of any covenant any, covenant, agreement or condition contained in this Lease, and if so, Specifying specifying each such default of which the maker certifying party may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if this Lease be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaserknowledge. The failure of either the certifying party to execute, acknowledge and deliver to the other requesting party a statement in accordance with the provisions of this Section within said ten (10) business day period period, shall constitute an acknowledgment, acknowledgment by the party given such noticecertifying party, which may be relied on by any person holding or proposing to acquire an interest in the Building Premises or any party thereof or the Premises or this Lease from or through the other partythereof, that this Lease is unmodified and in full force and effect and that such rents all Rent and dues have been duly and fully paid to an and including the respective due dates immediately preceding the date of such notice notice, and shall constitute, as to any person entitled as aforesaid to rely upon such statementsstatement, a waiver of any defaults which may exist prior to the date of such notice; provided, however . It is agreed that nothing contained in the provision provisions of this Section shall constitute waiver by Landlord requesting party of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlordrequesting party and, and Tenant certifying party shall still remain liable for the same. There will be a two hundred fifty dollar ($250.00) regulatory fee per Section 166.221, Florida Statutes for each request made of Lessor for each Estoppel Certificate Requested, payment in full shall be made at the time of the request. No certificate shall be issued without payment of the fee.

Estoppel Certificate. Landlord and Tenant agree that each willTenant, at any time and shall, from time to time, within ten (10) days following written notice Business Days after request by the other party hereto specifying that it is given pursuant to this SectionLender, execute, acknowledge and deliver to the party who gave such notice, or its designate, Lender a statement in writing by Tenant certifying (a) that this the Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as modified and stating the modifications), and (b) the date to which the annual rent and any amounts of fixed rent, additional rent, or other payments due hereunder from Tenant have been paid in advancesums, if any, which are payable in respect of the Lease and stating the commencement date and expiration date of the Lease, (c) the dates to which the fixed rent, additional rent, and other sums which are payable in respect to the Lease have been paid, (d) whether or not there are defenses Tenant is entitled to any then presently accrued credits or offsets claimed by against rent, and, if so, the maker reasons therefor and the amount thereof, (e) that to Tenant’s actual knowledge (without investigation) it is not in default in the performance of any of its obligations under the Lease and no event has occurred which, with the giving of notice or the passage of time, or both, would constitute such a default or, if so, specifying the nature of such default, (f) whether or not, to the actual knowledge (without investigation) of the certificate and whether or not to the best person certifying on behalf of knowledge of the signer of such certificate the other party Tenant, Landlord is in default in the performance of any covenant agreement or condition contained in this of its obligations under the Lease, and and, if so, Specifying each specifying the same, and (g) whether or not, to the actual knowledge (without investigation) of such default of which person, Tenant has any then presently accrued claims, defenses or counterclaims against Landlord under the maker Lease, and, if so, specifying the same, it being intended that any such statement delivered pursuant hereto shall be deemed a certification by Tenant to be relied upon by Lender and by others with whom Lender may have knowledge and if requested, be dealing. Tenant also shall include in any such financial statement such other information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if this Lease be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as status of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the sameLease as Lender may reasonably request.

Estoppel Certificate. Landlord and Tenant agree that each willshall, at any time and from time to time, within ten twenty (1020) days following after receipt of written notice by request from the other party hereto specifying that it is given pursuant to this SectionLandlord or any Mortgagee, execute, acknowledge and deliver deliver, without charge, to the party who gave such noticeLandlord, the Mortgagee or its designateany other person designated, a statement in writing certifying certifying: (i) that this Lease is unmodified and in full force and effect (or if there have been modifications, that identifying the same is in full force and effect and stating the modifications), and by the date thereof and specifying the nature thereof); (ii) that, to the knowledge of the Tenant, there exist no defaults (or if there be any defaults, specifying the same); (iii) the amount of the Basic Rent, the dates to which the annual rent Basic Rent, Additional Rent and any other payments due sums and charges payable hereunder from Tenant have been paid in advancepaid; (iv) that, if any, and stating whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate Tenant, there exist no claims against the other party is in default in performance of any covenant agreement or condition contained in this Lease, and if so, Specifying each such default of which Landlord except for the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if continuing obligations under this Lease be guaranteed(or if the certifying party has any such claims, specifying the same); and (v) such other matters as the requesting party or the Mortgagee may be reasonably requested by any Mortgagee or prospective mortgagee or purchaserrequest. The failure Landlord shall, from time to time, within twenty (20) days after receipt of either party to written request from Tenant, execute, acknowledge and deliver deliver, without charge, to the Tenant or any other person designated, a statement in accordance with the provisions of this Section within said ten writing certifying: (10i) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents (or if there have been duly and fully paid to an including modifications, identifying the respective due dates immediately preceding same by the date of such notice thereof and shall constitutespecifying the nature thereof); (ii) that, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date knowledge of such noticeLandlord, there exist no defaults (or if there be any defaults, specifying the same); provided, however that nothing contained in (iii) the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as amount of the date Basic Rent, the dates to which the Basic Rent, Additional Rent and other sums and charges payable hereunder have been paid; (iv) that, to the knowledge of such notice and, unless expressly consented to in writing by the Landlord, and there exist no claims against the Tenant shall still remain liable except for the continuing obligations under this Lease (or if the certifying party has any such claims, specifying the same); and (v) such other matters as the requesting party may reasonably request.

Estoppel Certificate. Landlord and Tenant agree that each will, at any time and from time to time, within Upon not less than ten (10) days following business days’ prior written notice request by the other party hereto specifying that it is given pursuant Landlord, to this Section, execute, acknowledge and deliver to the party who gave such notice, or its designate, Landlord a statement in writing writing, which may be in the form attached hereto as Exhibit G or in another form reasonably similar thereto, or such other form as Landlord may provide from time to time, certifying all or any of the following: (i) that this Lease is unmodified and in full force and effect effect, (or ii) whether the term has commenced and Fixed Rent and Additional Rent have become payable hereunder and, if there so, the dates to which they have been modificationspaid, that the same is in full force and effect and stating the modifications), and the date to which the annual rent and any other payments due hereunder from Tenant have been paid in advance, if any, and stating (iii) whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party Landlord is in default in performance of any covenant agreement or condition contained in this Lease, and if so, Specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor terms of this Lease, if (iv) whether Tenant has accepted possession of the Premises, (v) whether Tenant has made any claim against Landlord under this Lease and, if so, the nature thereof and the dollar amount, if any, of such claim, (vi) whether there exist any offsets or defenses against enforcement of any of the terms of this Lease upon the part of Tenant to be guaranteedperformed, and (vii) such further information with respect to the Lease or the Premises as Landlord may reasonably request. Any such statement delivered pursuant to this subsection 6.1.11 may be relied upon by any prospective purchaser or mortgagee of the Premises, or any prospective assignee of such mortgage. Tenant shall also deliver to Landlord such financial information as may be reasonably requested required by Landlord to be provided to any Mortgagee mortgagee or prospective mortgagee or purchaserpurchaser of the Premises. The If Tenant fails to deliver the estoppel certificate within the required time period, and such failure continues for an additional five (5) days following a second written request from Landlord, then Tenant shall be obligated to pay to Landlord, as Additional Rent within twenty (20) days of either party to executedemand, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest fee in the Building or any party thereof or amount of $500.00 per day for each day that Tenant fails to deliver the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained requested estoppel in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as period beginning on the day after the expiration of the date of such notice and, unless expressly consented to in writing by Landlordinitial 10-day period, and ending on the day Tenant shall still remain liable for actually delivers the sameestoppel.

Estoppel Certificate. Landlord and Tenant agree that each willshall, at any time and from time to time, within upon not less than ten (10) days following days' prior written notice request by the other party hereto specifying that it is given pursuant to this SectionLandlord, execute, acknowledge and deliver to the party who gave such notice, or its designate, Landlord a statement in writing writing, executed by the president or a vice president of Tenant, certifying (a) that this Lease is unmodified and in full force and effect (or or, if there have been modifications, that the same this Lease is in full force and effect as modified, and stating the setting forth such modifications), and (b) the date dates to which the annual rent Basic Rent, Additional Rent and any all other payments due sums payable hereunder from Tenant have been paid in advancepaid, if any(c) that, and stating whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party is in certificate, no default in performance of any covenant agreement by either Landlord or condition contained in this Lease, and if so, Specifying Tenant exists hereunder or specifying each such default of which the maker signer may have knowledge, and (d) that, to the knowledge and if requestedof the signer of such certificate, such financial information concerning there are no proceedings pending or threatened against Tenant and Tenant’s business operations (and the Guarantor of this Leasebefore or by any court or administrative agency which, if this Lease be guaranteed) as may be reasonably requested adversely decided, would materially and adversely affect the financial condition and operations of Tenant or, if any such proceedings are pending or threatened to said signer's knowledge, specifying and describing the same. Any such statements by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which Tenant may be relied on upon by Lender, Landlord or their assignees or by any person holding prospective purchaser or proposing to acquire an interest mortgagee of the Leased Premises. Any certificate required under this Paragraph 22 shall (i) state briefly the nature and scope of the examination or investigation upon which the statements contained in such certificate are based, (ii) state that, in the Building opinion of each person signing such certificate, he has made such examination or any party thereof or investigation as is reasonably necessary to enable him to express an informed opinion as to the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date subject matter of such notice certificate, and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior (iii) certify to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as correctness of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the samestatements contained therein.

Estoppel Certificate. Landlord and Tenant agree that each will, at any time and from time to time, within ten (10) business days following written notice by the other party hereto specifying that it is given pursuant to this Section, execute, acknowledge and deliver to the party who gave such notice, or its designate, a statement in writing certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect and stating the modifications), and the date to which the annual rent and any other payments due hereunder from Tenant have been paid in advance, if any, and stating whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party is in default in performance of any covenant agreement or condition contained in this Lease, and if so, Specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if this Lease be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the same.

Estoppel Certificate. Landlord shall, at the request of Tenant and Tenant agree that each will, shall at the request of Landlord at any time and from time to time, within time upon not less than ten (10) days following days’ prior written notice by the other party hereto specifying that it is given pursuant to this Sectionnotice, execute, acknowledge in recordable form, and deliver to the party who gave such noticeother, or for the Tenant to its designateauditor or a prospective purchaser of its business or assets, or to its assignee or subtenant if acceptable to Landlord, or for the Landlord to Landlord’s mortgagee, auditors or a prospective purchaser of the Project or any part thereof, a statement in writing certifying certificate stating that this Lease is unmodified and in full force and effect (or or, if there have been modificationsmodified, stating the nature of such modification and certifying that the same this Lease, as so modified, is in full force and effect and stating the modificationseffect), and the dates to which the Rent and other charges are paid, and that Tenant is paying Rent on a current basis with no offsets or claims, and there are not, to Tenant’s or Landlord’s knowledge, as the case may be, any uncured defaults on the part of Landlord or of Tenant (or specifying such offsets, claims or defaults, if any are claimed). Such certificate may require the party giving it to specify the date of commencement of Rent, the Commencement Date, the Termination Date, the Base Rent, and Additional Rent estimates, the date to which Rent has been paid, whether or not Landlord has completed any improvements required to be made to the annual rent Demised Premises and such other matters as may be reasonably requested. It is expressly understood and agreed that any such statement may be relied upon by any prospective purchaser or encumbrancer of all or any portion of the Project or by any ground lessor, or by a purchaser or assignee or lender to Tenant or to auditors of either party hereto or by any other payments due person to whom it is delivered. The failure to deliver such statement within the time required hereunder from Tenant have shall, at the option of the requesting party, be a default under this Lease, or be conclusive evidence, binding upon the nonperforming party that this Lease is in full force and effect, without modification except as may be represented by the requesting party, that there are no uncured defaults by the requesting party and that no more than one (1) month’s Rent has been paid in advance, if any, and stating whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party is in default in performance of any covenant agreement or condition contained in this Lease, and if so, Specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if this Lease nonperforming party shall be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease estopped from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of asserting any defaults which may exist prior known to the date of such notice; provided, however it at that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the sametime.

Estoppel Certificate. Landlord and Tenant agree that each will, at any time and from time to time, within Upon not less than ten (10) days following days’ prior written notice request by the other party hereto specifying that it is given pursuant Landlord, to this Section, execute, acknowledge and deliver to the party who gave such notice, or its designate, Landlord a statement in writing writing, which may be in the form attached hereto as Exhibit F or in another form reasonably similar thereto, or such other form as Landlord may provide from time to time, certifying all or any of the following: (i) that this Lease is unmodified and in full force and effect effect, (or ii) whether the term has commenced and Fixed Rent and Additional Rent have become payable hereunder and, if there so, the dates to which they have been modificationspaid, that the same is in full force and effect and stating the modifications), and the date to which the annual rent and any other payments due hereunder from Tenant have been paid in advance, if any, and stating (iii) whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not not, to the best of knowledge of the signer of such certificate the other party Tenant’s current actual knowledge, Landlord is in default in performance of any covenant agreement or condition contained in this Lease, and if so, Specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor terms of this Lease, if (iv) whether Tenant has accepted possession of the Premises, (v) whether Tenant has made any claim against Landlord under this Lease and, if so, the nature thereof and the dollar amount, if any, of such claim, (vi) whether, to Tenant’s current actual knowledge, there exist any offsets or defenses against enforcement of any of the terms of this Lease upon the part of Tenant to be guaranteedperformed, and (vii) such further information with respect to the Lease or the Premises as Landlord may reasonably request. Any such statement delivered pursuant to this subsection 6.1.11 may be relied upon by any prospective purchaser or mortgagee of the Premises, or any prospective assignee of such mortgage. Tenant shall also deliver to Landlord such financial information as may be reasonably requested required by Landlord to be provided to any Mortgagee mortgagee or prospective mortgagee or purchaser. The failure purchaser of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such noticePremises; provided, however that nothing contained however, Tenant shall be required to provide only such financial information as is commercially reasonable. If Tenant fails to deliver the estoppel certificate within the required time period, and such failure continues for an additional five (5) days following a second written request from Landlord, then Tenant shall be obligated to pay to Landlord, as Additional Rent within twenty (20) days of demand, a fee in the provision amount of this Section shall constitute waiver by Landlord of any default $500.00 per day for each day that Tenant fails to deliver the requested estoppel in payment of rent or other charges existing as the period beginning on the day after the expiration of the date of such notice and, unless expressly consented to in writing by Landlordinitial 10-day period, and ending on the day Tenant shall still remain liable for actually delivers the sameestoppel.

Estoppel Certificate. Landlord and Tenant agree agrees that each will, at any time and from time to timetime upon written request by Landlord, or the holder of any Mortgage or any ground lessor, Tenant (or any permitted assignee, subtenant or other occupant of the Premises claiming by through or under Tenant) will deliver to Landlord or to the holder of any Mortgage or ground lessor or contract purchaser of an interest in Landlord or in the Building, within ten (10) business days following after such written notice by the other party hereto specifying that it is given pursuant to this Section, execute, acknowledge and deliver to the party who gave such notice, or its designaterequest shall have been served upon Tenant, a statement in writing signed by Tenant, addressed to such person or persons as Landlord shall request, certifying (a) that this Lease lease is unmodified and in full force and effect (or if there have been modifications, that the same lease as modified is in full force and effect and stating identifying the modifications), ; (b) the date upon which Tenant began paying Rent and the date dates to which the annual rent Rent and any other payments due hereunder from Tenant charges have been paid paid, (c) the date upon which the Term shall end, (d) that the Landlord is not in advancedefault under any provision of this lease, or, if anyin default, the nature thereof in detail; (e) that the Premises have been completed in accordance with the terms hereof and Tenant is in occupancy and paying Rent on a current basis with no rental offsets or claims, or otherwise, if applicable; (f) that there has been no prepayment of Rent other than that provided for in the lease; (g) the amount of any security deposit made by Tenant or Tenant-successor, (h) that there are no actions, whether voluntary or otherwise, pending against Tenant under the bankruptcy laws of the United States or any State thereof’, and stating whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not to the best of knowledge of the signer of (i) such certificate the other party is in default in performance of any covenant agreement or condition contained in this Lease, and if so, Specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if this Lease be guaranteed) matters as may be reasonably requested required by any Mortgagee the Landlord, holder of a Mortgage, ground lessor or prospective mortgagee or contract purchaser. The failure of either party Landlord agrees that from time to executetime upon written request by Tenant, acknowledge and that Landlord will deliver to the other a statement in accordance with the provisions of this Section Tenant, within said ten (10) business day period shall constitute an acknowledgmentdays after such written request, by a Landlord estoppel certificate in substantially the party given same form as required of Tenant above, addressed to such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, persons as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the samerequest.

Estoppel Certificate. Landlord and 42. Tenant agree that each will, shall at any time and from time to time, within time upon not less than ten (10) days following written days' prior notice by the other party hereto specifying that it is given pursuant to this Sectionfrom Landlord, execute, acknowledge and deliver to the party who gave such notice, or its designate, Landlord a statement in writing setting forth the Commencement Date, the Expiration Date and the Fixed Rent and certifying that (i)that this Lease lease is unmodified and in full force and effect (or if there have has been modificationsany modification, that the same is in full force and effect as modified and stating the modificationsmodification), and (ii) the date dates to which the annual rent Fixed Rent and any other payments due hereunder from Tenant Additional Rent have been paid in advance, if any, and stating whether or not there are defenses or offsets claimed by the maker of the certificate and (iii) whether or not to the best of knowledge of the signer of such certificate the other party Tenant, Landlord is in default in performance of any covenant agreement or condition contained in of its obligations under this Leaselease and, and if so, Specifying specifying each such default of which the maker Tenant may have knowledge knowledge, (iv) whether Tenant has accepted possession of the Premises, (v) whether Tenant has made any claim against Landlord under this lease and, if so, the nature thereof and the dollar amount, if requestedany, of such financial claim, (vi) whether there exist any offsets or defenses against enforcement of any of the terms of this lease upon the part of Tenant to be performed, and, if so, specifying the same, and (vii) such further information concerning with respect to this lease or the Premises as Landlord may reasonably request, it being intended that any such statement delivered pursuant hereto shall be binding upon Tenant and Tenant’s business operations (and the Guarantor of this Lease, if this Lease be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on upon by Landlord and by any person holding or proposing to acquire an interest in prospective purchaser of the Real Property and/or the Building or any party part thereof or of the Premises interest of Landlord in any part thereof, by any mortgagee or this Lease from prospective mortgagee thereof, by any lessor or through the other partyprospective lessor thereof, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constituteby any lessee or prospective lessee thereof, as to or by any person entitled as aforesaid to rely upon such statements, waiver prospective assignee of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the samemortgage thereof.

Estoppel Certificate. Landlord and Tenant agree that each will, at any time and from time agrees periodically to time, furnish within ten (10) days following written notice after so requested by Landlord, ground lessor or the other party hereto specifying that it is given pursuant to this Sectionholder of any deed of trust, executemortgage or security agreement covering the Building, acknowledge and deliver to the party who gave such noticeLand, or its designateany interest of Landlord therein, a statement in writing certificate signed by a Tenant certifying (a) that this Lease is unmodified and in full force and effect and unmodified (or if there have been modifications, that the same is in full force and effect as modified and stating the modifications), (b) as to the Commencement Date and the date to through which the annual rent Base Rental and any other payments due hereunder from Tenant estimated Operating Expense Rental have been paid in advancepaid, if any, (c) that Tenant has accepted possession of the Premises and stating whether or not there are defenses or offsets claimed that any improvements required by the maker terms of this Lease to be made by Landlord have been completed to the satisfaction of Tenant, (d) that except as stated in the certificate and whether or not no rent has been paid more than thirty (30) days in advance of its due date, (e) that the address for notices to the best of knowledge of the signer of such certificate the other party be sent to Tenant is in default in performance of any covenant agreement or condition contained as set forth in this Lease, Lease (or has been changed by notice duly given and if so, Specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if this Lease be guaranteed) is as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest set forth in the Building or any party thereof or the Premises or this Lease from or through the other partycertificate), (f) that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, except as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained stated in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing certificate, Tenant, as of the date of such notice andcertificate, unless expressly consented has no charge, lien, or claim of offset against rent due or to become due, (g) that except as stated in writing the certificate, Landlord is not then in default under this Lease, (h) as to the amount of Rentable Area then occupied by LandlordTenant, (i) that there are no renewal or extension options, purchase options, rights of first refusal or the like in favor of Tenant except as set forth in this Lease, (j) the amount and Tenant shall still remain liable for nature of accounts payable to Landlord under terms of this Lease and (k) as to such other matters as may be requested by Landlord or ground lessor or the sameholder of any such deed of trust, mortgage or security agreement. Any such certificate may be relied upon by any ground lessor, prospective purchaser, secured party, mortgagee or any beneficiary under any mortgage, deed of trust on the Building or the Land or any part thereof or interest of Landlord therein.

Estoppel Certificate. Landlord and Tenant agree that each willshall, without charge, at any time and from time to time, within ten five (105) days following written notice after request therefore by Landlord, Mortgagee, any purchaser of the Land or the Building or any other party hereto specifying that it is given pursuant to this Sectioninterested person, execute, acknowledge and deliver to such requesting party a written estoppel certificate certifying, as of the party who gave date of such noticeestoppel certificate, or its designate, a statement in writing certifying the following: (i) that this Lease is unmodified and in full force and effect (or if there have been modificationsmodified, that the same Lease is in full force and effect as modified and stating the setting forth such modifications), ; (ii) that the Term has commenced (and setting forth the date Commencement Date and Expiration Date); (iii) that Tenant is presently occupying the Premises; (iv) the amounts of Basic Rent and Additional Rent currently due and payable by Tenant; (v) that any Alterations required by the Lease to which the annual rent and any other payments due hereunder from Tenant have been paid in advance, if any, and stating whether or not made by Landlord have been made to the satisfaction of Tenant; (vi) that there are no existing set-offs, charges, liens, claims or defenses against the enforcement of any right hereunder, including, without limitation, Basic Rent or offsets claimed by Additional Rent (or if alleged, specifying the maker same in detail); (vii) that no Basic Rent (except the first installment thereof) has been paid more than thirty (30) days in advance of the certificate and whether or not to the best of its due date; (viii) that Tenant has no knowledge of the signer of such certificate the other party is in any then uncured default in performance of any covenant agreement or condition contained in this Lease, and if so, Specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if this Lease be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of its obligations under this Lease (or, if Tenant has such knowledge, specifying the same in detail); (ix) that Tenant is not in default; (x) that the address to which notices to Tenant should be sent is as set forth in the Lease (or, if not, specifying the correct address); and (xi) any default in payment of rent or other charges existing as of the date of such notice andcertifications requested by Landlord. In addition, unless expressly consented to in writing within five (5) days after request by Landlord, and if Tenant is a privately held company, Tenant shall still remain liable deliver to Landlord audited financial statements of Tenant for the sameits most recently ended fiscal year and interim unaudited financial statements for its most recently ended quarter.

Estoppel Certificate. Landlord and Tenant agree that each will, at any time and from time to time, within ten (10) days following written notice by the other party hereto specifying that it is given pursuant to this Section, execute, acknowledge and deliver to the party who gave such notice, or its designate, a statement in writing certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect and stating the modifications), and the date to which the annual rent and any other payments due hereunder from Tenant have been paid in advance, if any, and stating whether or not there are defenses or offsets offsets-claimed by the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party is in default in performance of any covenant agreement or condition contained in this Lease, and if so, Specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s 's business operations (and the Guarantor of this Lease, if this Lease be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Leased Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the same.

Estoppel Certificate. Landlord and Within 15 business days after written request from Landlord, Tenant agree that each will, at any time and from time to time, within ten (10) days following written notice by the other party hereto specifying that it is given pursuant to this Section, execute, acknowledge shall execute and deliver to the party who gave such noticeLandlord, or its designatein recordable form, a statement in writing certifying certificate stating (to the extent factually accurate) (i) that this Lease is unmodified and in full force and effect (effect, or if there have been modifications, that the same is in full force and effect as modified, and stating all modifications, (ii) the modifications)then-current Basic Monthly Rent, and (iii) the date dates to which the annual rent and any other payments due hereunder from Tenant have Basic Monthly Rent has been paid in advance, if any(iv) the amount of any security deposit, and stating prepaid rent, or other payment constituting Rent which has been paid, (v) whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not Tenant or, to the best of knowledge of the signer of such certificate the other party Tenant's actual knowledge, Landlord is in default in performance of any covenant agreement or condition contained in this Lease, and if so, Specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if under this Lease be guaranteedand whether there currently exist any defenses or rights of offset under the Lease in favor of Tenant, (vi) that any Landlord's Work required by this Lease is complete (or stating any exceptions) and (vii) such other matters as Landlord may be reasonably requested by any Mortgagee or prospective mortgagee or purchaserrequest. The Tenant's failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section such certificate within said ten (10) such 15 business day period shall constitute an acknowledgmentbe conclusive upon Tenant for the benefit of Landlord, by and any successor in interest to Landlord, any lender or proposed lender, and any purchaser or proposed purchaser of the party given such noticeProject that, which except as may be relied on represented by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or Landlord, this Lease is unmodified and in full force and effect, no Rent has been paid more than 30 days in advance, neither Tenant nor Landlord is in default under this Lease, no defenses or rights of offset under the Lease exist in favor of Tenant, and that all Landlord's Work required by this Lease is complete. Landlord will similarly, in connection with any lending or Transfer transaction, upon 15 business days written request from Tenant, execute an estoppel certificate in favor of Tenant's proposed lender or through the other party, Transferee confirming (i) that this Lease is unmodified and in full force and effect, or in full force and effect as modified, and that such rents have stating all modifications, (ii) the then-current Basic Monthly Rent, (iii) the dates to which Basic Monthly Rent has been duly and fully paid to an including in advance, (iv) the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver amount of any defaults security deposit, prepaid rent, or other payment constituting Rent which may exist prior has been paid, and (v) whether or not to the date best of such notice; provided, however that nothing contained Landlord's knowledge Tenant is in the provision of default under this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the sameLease.

Estoppel Certificate. Landlord and Tenant agree that each willagrees, at any time time, and from time to --------------------- time, within upon not less than ten (10) days following written days' prior notice by the other party hereto specifying that it is given pursuant Landlord, to this Section, execute, acknowledge and deliver to Landlord, an estoppel certificate in the party who gave form attached as Exhibit D (or such notice, or its designate, a statement other form provided by Landlord) in writing addressed to Landlord or other party designated by Landlord certifying that this Lease is unmodified and in full force and effect (or or, if there have been modifications, that the same is in full force and effect as modified and stating the modifications), stating the actual commencement and expiration dates of the date Lease, stating the dates to which the annual rent rent, and any other payments due hereunder from Tenant have been paid in advancecharges, if any, have been paid, that the Leased Premises have been completed on or before the date of such certificate and that all conditions precedent to the lease taking effect have been carried out, that Tenant has accepted possession, that the Lease Term has commenced, Tenant is occupying the Leased Premises and is open for business, stating whether or not there are defenses or offsets claimed exists any default by either party in the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party is in default in performance of any covenant agreement covenant, agreement, term, provision or condition contained in this Lease, and and, if so, Specifying specifying each such default of which the maker signer may have knowledge and the claims or offsets, if requestedany, claimed by Tenant, and any other reasonable information requested by Landlord or other party designated by Landlord; it being intended that any such financial information concerning statement delivered pursuant hereto may be relied upon by Landlord or a purchaser of Landlord's interest and by any mortgagee or prospective mortgagee of any mortgage affecting the Leased Premises or the Shopping Center. If Tenant does not deliver such statement to Landlord within such ten (10) day period, Landlord and any prospective purchaser or encumbrancer may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been canceled or terminated except as otherwise represented by Landlord; (iii) that not more than one (1) month's Minimum Rent, Additional Rent or other charges have been paid in advance; and (iv) that Landlord is not in default under the Lease. In such event, Tenant shall be estopped from denying the truth of such facts. Tenant shall also, on ten (10) days' written notice, provide an agreement in favor of and in the form customarily used by such encumbrance holder, by the terms of which Tenant will agree to give prompt written notice to any such encumbrance holder in the event of any casualty damage to the Leased Premises or in the event of any default on the part of Landlord under this Lease, and will agree to allow such encumbrance holder a reasonable length of time after notice to cure or cause the curing of such default before exercising Tenant’s business operations (and the Guarantor 's right of self-help under this Lease, if any, or terminating or declaring a default under this Lease be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the sameLease.

Estoppel Certificate. Landlord and (a) Tenant agree that each will, at any time and from time agrees periodically to time, furnish within ten thirty (1030) days following after written notice request by Landlord, ground lessor or the other party hereto specifying that it is given pursuant to this Sectionholder of any deed of trust, executemortgage or security agreement covering the Building, acknowledge and deliver to the party who gave such noticeLand, or its designateany interest of Landlord therein, a statement in writing certifying certificate signed by Tenant certifying, if true, (i) that this Lease is unmodified and in full force and effect and unmodified (or if there have been modifications, that the same is in full force and effect as modified and stating the modifications), (ii) as to the Commencement Date and the date to through which the annual rent Base Rental and any other payments due hereunder from Tenant Forecast Additional Rental have been paid in advancepaid, if any, (iii) that Tenant has accepted possession of the Leased Premises and stating whether or not there are defenses or offsets claimed that any improvements required by the maker terms of this Lease to be made by Landlord have been completed to the satisfaction of Tenant, (iv) that except as stated in the certificate no rental under this Lease has been paid more than thirty (30) days in advance of its due date, (v) that the address for notices to be sent to Tenant is as set forth in this Lease (or has been changed by notice duly given and is as set forth in the certificate), (vi) that except as stated in this Lease or the certificate, Tenant, as of the certificate and whether date of such certificate, has no charge, lien, or claim of offset under this Lease or otherwise against rentals or other charges due or to become due hereunder, (vii) that except as stated in the certificate, Landlord is not then, to the best of knowledge of the signer of such certificate the other party is Ten ant, in default in performance of any covenant agreement or condition contained in under this Lease, and if so(viii) as to the amount of Net Rentable Area then occupied by Tenant, Specifying each such default (ix) that there are no renewal or extension options, purchase options, rights of which first refusal or the maker may have knowledge and if requested, such financial information concerning like in favor of Tenant and Tenant’s business operations (and the Guarantor of this Lease, if except as set forth in this Lease be guaranteedand (x) as to such other matters as may be reasonably requested by Landlord or ground lessor or the holder of any Mortgagee such deed of trust, mortgage or prospective mortgagee or purchasersecurity agreement. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given Any such notice, which certificate may be relied on upon by any person holding ground lessor, prospective purchaser, secured party, mortgagee or proposing to acquire an interest in any beneficiary under any mortgage, deed of trust on the Building or the Land or any party part thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date interest of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the sametherein.

Estoppel Certificate. Landlord and Tenant agree that each will, at any time and from time to time, within 33.01 Within ten (10) business days following written notice by after either party's request, the other party hereto specifying that it is given pursuant to this Section, execute, acknowledge shall execute and deliver to the requesting party who gave such notice, or its designate, a statement in writing (i) certifying that this Lease lease is unmodified and in full force and effect (or or, if there have been modifications, that the same is in full force and effect as modified and stating the modifications)) and whether any options granted to Tenant pursuant to the provisions of this lease have been exercised, and (ii) certifying the date dates to which the annual fixed rent and any other payments due hereunder from Tenant additional rent have been paid in advanceand the amounts thereof, if any, and (iii) stating whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not not, to the best of knowledge of the signer of such certificate signer, the other party is in default in performance of any covenant agreement of its obligations under this lease, or condition contained if Tenant is the certifying party, whether Tenant is in this Leasedefault, and and, 100 if so, Specifying specifying each such default of which the maker signer may have knowledge knowledge, (iv) stating whether Tenant has any rights to offsets or abatement of rent, (v) stating whether Tenant has prepaid any rent for more than one month in advance, and if requested(vi) certifying such other information as the requesting party reasonably requests, it being intended that any such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if this Lease be guaranteed) as statement delivered pursuant hereto may be reasonably requested relied upon by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance others with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by whom the party given requesting such notice, certificate may be dealing and their respective successors and/or assigns. Breach of the foregoing will constitute Tenant's acknowledgement which may be relied on by any person holding or proposing to acquire an interest in the Building Building, this lease or any party thereof or the Premises or this Lease from or through the other partysuperior mortgage, that this Lease lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall will constitute, as to any person entitled as aforesaid to rely upon such statementsperson, a waiver of any defaults on Landlord's part which may exist prior to the date of such notice; provided, however that nothing contained in the provision request. The foregoing shall not limit any other rights and remedies available to Landlord for breach of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the sameArticle.

Estoppel Certificate. Landlord and Tenant agree that each will, at any time and from time to timeBorrower, within ten (10) business days following after written notice request from Mortgagee, but not more than twice a year, shall furnish a written statement executed by the other party hereto specifying that it is given pursuant to this Section, execute, acknowledge and deliver Borrower setting forth to the party who gave such notice, or its designate, a statement in writing certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that best of Borrower's knowledge the same is in full force and effect and stating the modifications)unpaid principal of, and interest on, the date to which the annual rent Note, and any other payments due hereunder from Tenant have been paid in advanceunpaid sums secured hereby, if any, and stating whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not any offsets or defenses are claimed to exist against the best of knowledge of the signer payment of such certificate principal and interest or other sums and, if any such offsets or defenses are claimed, the other party is in default in performance specific basis and amount of any covenant agreement or condition contained in this Lease, and if so, Specifying each such default of which claim. Borrower shall have the maker may have knowledge and if requested, such financial right to request from Mortgagee a written statement executed by Mortgagee setting forth the information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if this Lease be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest specified in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such noticeforegoing sentence; provided, however however, that nothing contained in Mortgagee shall not be obligated to furnish Borrower any such statement more than twice a year. If Borrower objects to the provision of this Section shall constitute waiver by Landlord principal, interest or escrow amount or the application of any default in payment of rent shown on any written statement, receipt, invoice or other charges existing as written notice received by Borrower or any officer of the date Borrower, Borrower shall raise such objection by written notice to Mortgagee within sixty (60) days following receipt of such statement, receipt, invoice or other written notice andor else such objection shall be deemed waived by Borrower and such other parties. If Mortgagee fails to respond to any such written objection received from Borrower within sixty (60) days following receipt of such written objection, unless expressly consented then Mortgagee shall be deemed to have agreed to such objection and shall modify its records to correctly reflect the amounts stated in writing by Landlord, and Tenant shall still remain liable for the sameBorrower's written objection.

Estoppel Certificate. Landlord and Tenant agree that each will, at At any time and from time to time, within upon not less than ten (( 10) days following written prior notice by Landlord, the other party hereto specifying that it is given pursuant "Superior Lessor," or the "'Superior Mortgagee" (as both are hereinafter defined) to this SectionTenant, Tenant shall comply with, execute, acknowledge and deliver in writing addressed to such party as designated by Landlord or the Superior Lessor or the Superior Mortgagee, us the case may be (hereinafter collectively called the "Requesting Party"), certifying to the party who gave such notice, or its designate, a statement in writing certifying following: (i) that this Lease is unmodified and in full force and effect (effect, or if there have been modifications, modifications that the same Lease is in full force and effect effect, as modified. and stating the modifications); (ii) whether the Term has commenced and Minimum Rent, and Additional Rent have become payable hereunder and, if so, the date dates to which the annual rent and any other payments due hereunder from Tenant they have been paid in advance, if any, and stating paid; (iii) whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party Landlord is in default in performance of any covenant agreement or condition contained in of the terms of this Lease, and if so, Specifying specifying each such default of which the maker xxxxxx may have knowledge; (iv) whether Tenant has accepted possession of the Premises; (v) whether Tenant has m; de any claim against Landlord under this Lease and, if so, the nature thereof and the dollar amount, if any, of such claim; (vi) whether there are any offsets or defenses existing against enforcement or any of the terms of this Lease upon the part of Tenant to be performed, and if so, specifying same; (vii) either that Tenant does not know of any default in the performance of any provisions of this Lease or specifying any default of which Tenant may have knowledge and if requestedstating what action is taken or proposes to take with respect thereto; (viii) that, such financial information concerning to the best knowledge of Tenant, there are no proceedings pending or threatened against Tenant and Tenant’s business operations (and the Guarantor of this Leasebefore or by an court or administrative agency which, if adversely decided, would materially and adversely affect the financial condition or operations of Tenant, or, if any such proceedings are pending or threatened to the best knowledge of Tenant, specifying and describing same; and (ix) such further information with respect to the Lease or the Premises as the Requesting Party may reasonably request or require, it being intended that any such statement delivered pursuant to this Lease be guaranteed) as Section 13.01 may be reasonably requested relied upon by any prospective purchaser of the Premises or any part thereof or the interest of Landlord in any part thereto by any prospective Superior Mortgagee or any prospective mortgagee Superior Lessor, or purchaserby any prospective assignees of such parties. The failure of either party Tenant to execute, acknowledge and deliver to the other provide a complete statement in accordance with the provisions of this Section 13.01 within said the required ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any a default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the samehereunder.

Estoppel Certificate. Landlord and Tenant agree that each will, at any time and from time agrees periodically to timefurnish, within ten twenty (1020) days following written notice after so requested by the other party hereto specifying that it is given pursuant to this Section, execute, acknowledge and deliver to the party who gave such noticeLandlord, or its designateany ground lessor or the holder of any deed of trust, mortgage or security agreement covering the Building, the Land or any interest of Landlord therein, a statement in writing certifying certificate signed by Tenant certifying: (i) that this Lease is unmodified and in full force and effect and unmodified (or or, if there have been modifications, that the same is in full force and effect as modified and stating the modifications), ; (ii) as to the Commencement Date and the Rent Commencement Date and the date to through which the annual rent Base Rental and any other payments due hereunder from Tenant Forecast Additional Rental have been paid; (iii) whether Tenant accepted possession of the Leased Premises and if any improvements required by the terms of this Lease to be made by Landlord have been completed to the satisfaction of Tenant; (iv) that, except as stated in the certificate, whether Rent payable under this Lease has been paid more than thirty (30) days in advanceadvance of its due date; (v) that the address for notices to be sent to Tenant is as set forth in this Lease (or has been changed by notice duly given and is as set forth in the certificate); (vi) that, if anyexcept as stated in the certificate, and stating Tenant as of the date of such certificate, has no charge, lien or claim of offset under this Lease or otherwise against rentals or other charges due or to become due hereunder; (vii) that, except as stated in the certificate, whether or not Landlord is then in default under this Lease; (viii) as to the amount of Net Rentable Area then occupied by Tenant; (ix) that there are defenses no renewal or offsets claimed by extension options, purchase options, rights of first refusal or the maker like in favor of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party is in default in performance of any covenant agreement or condition contained Tenant except as set forth in this Lease, ; and if so, Specifying each (x) as to such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if this Lease be guaranteed) other matters as may be reasonably requested by Landlord or ground lessor or the holder of any Mortgagee such deed of trust, mortgage or prospective mortgagee or purchasersecurity agreement. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given Any such notice, which certificate may be relied on upon by any person holding ground lessor, prospective purchaser, secured party, mortgagee or proposing to acquire an interest in any beneficiary under any mortgage, deed of trust on the Building or the Land, or any party thereof part thereof, or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date interest of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the sametherein.

Estoppel Certificate. Landlord and Tenant agree that each will, at At any time and from time to time, within Tenant or Landlord, on or before the date specified in a request therefore made by the other, which date shall not be earlier than ten (10) business days following written notice by from the other party hereto specifying that it is given pursuant to this Sectionreceipt of such request, shall execute, acknowledge and deliver to the requesting party who gave such notice, a certificate evidencing: (i) whether or its designate, a statement in writing certifying that not this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect and stating the modifications), and the date to which the annual rent and effect; (ii) whether or not this Lease has been amended in any other payments due hereunder from Tenant have been paid in advance, if any, and stating way; (iii) whether or not there are defenses or offsets claimed by any existing defaults on the maker part of the party requesting the certificate and whether or not hereunder to the best of knowledge of the signer certifying party and specifying the nature of such certificate defaults, if any; (iv) the date to which rent, additional rent and other party is in default in amounts due hereunder, if any, have been paid; (v) that Tenant claims no defense or setoff to the due and full performance of any covenant agreement or condition contained in its obligations under this Lease; (vi) and agreeing that if a mortgagee becomes owner of the Premises or exercises its assignment of rental, Tenant will accept such mortgagee as Landlord and will not require said mortgagee to be bound by and advance rents or offsets nor be liable for any prior defaults of Landlord, and if so, Specifying each that Tenant will give such mortgagee notice in the event of any Landlord default of which the maker may have knowledge and if requested, an opportunity to cure such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if this Lease be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaserdefault. The failure of either party Each certificate delivered pursuant to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding prospective purchaser or proposing to acquire an transferee of Landlord’s or Tenant’s interest in the Building hereunder or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date part of such notice; provided, however that nothing contained in the provision Landlord’s or Tenant’s property or by any holder or prospective holder of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by a mortgage from Landlord, and Tenant shall still remain liable for the same.

Estoppel Certificate. a) Each of Landlord and Tenant agree that each will, at any time and shall from time to time, within ten fifteen (1015) days following written notice by the other party hereto specifying that it is given pursuant to this Sectionafter request, execute, acknowledge and deliver to the other party who gave such noticea written instrument in recordable form, or its designatesubstantially in the form attached hereto as Exhibit E (a "Estoppel Certificate"), a statement in writing certifying (i) that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect and stating the has not been modified, supplemented or amended (or, if there have been modifications), supplements or amendments, that it is in full force and effect as modified, supplemented or amended, and stating such modifications, supplements and amendments); (ii) the date dates to which the annual rent Fixed Basic Rent and Additional Rent and any other payments due charges arising hereunder from Tenant have been paid in advancepaid; (iii) the amount of any prepaid rents or credits due Tenant, if any; (iv) if applicable, that Tenant has accepted possession and has entered into occupancy of the Premises, and stating certifying the Commencement Date and the Termination Date; (v) whether or not there are defenses or offsets claimed not, to the best of such party's knowledge, all conditions under the Lease to be performed by the maker of the certificate other party prior thereto have been satisfied and whether or not to the best of knowledge of the signer of such certificate the other party is then in default in the performance of any covenant covenant, agreement or condition contained in this LeaseLease and specifying each, if any, unsatisfied condition and each, if soany, Specifying each such default of which the maker such party may have knowledge knowledge; and if (vi) any other fact or condition related to the Lease, the Tenant or Landlord reasonably requested. Any certification delivered pursuant to the provisions of this Article shall be intended to be relied upon by Landlord, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if this Lease be guaranteed) as may be reasonably requested by any Mortgagee mortgagee or prospective mortgagee or purchaserpurchaser of the Property or of any interest therein. The Notwithstanding the foregoing, Tenant's or Landlord's failure of either party to execute, acknowledge and deliver to the other furnish a statement in accordance with the provisions of this Section Estoppel Certificate within said ten fifteen (1015) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or a default under this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the sameLease.

Estoppel Certificate. Landlord and Tenant agree that each will, Sublessee shall at any time and from time to time, time within ten (10) days following written notice by the other party hereto specifying that it is given pursuant to this Section, days' of request from Sublessor or Landlord execute, acknowledge and deliver to Sublessor or Landlord, as the party who gave such noticecase may be, in form reasonable satisfactory to Sublessor or its designateLandlord and/or any mortgagee of Sublessor or Landlord, a written statement in writing certifying that Sublessee has accepted the Premises, that this Lease Sublease is unmodified and in full force and effect (or or, if there have been modifications, that the same is in full force and effect as modified and stating the modifications), that neither Sublessor or Landlord is in default hereunder or under the Prime Lease (or, if any default has occurred and is continuing, then Sublessee shall specify the nature and period of existence thereof, and any action which Sublessee has taken or proposes to take with respect thereto), the date to which the annual rent and any other payments due hereunder from Tenant charges have been paid in advance, if any, or such other accurate certification as may reasonably be required by Sublessor or Landlord or their respective mortgagees, and stating whether agreeing to give to such mortgagees copies of all notices by Sublessee to Sublessor or not there are defenses Landlord. In the event that any party succeeds to Sublessor's rights hereunder, Sublessee xxxxxx xx attorn to such successxx xxx xxall recognizes such successor as the Sublessor hereunder or offsets claimed by the maker landlord under the Prime Lease, as the case may be. Such attornment shall be effected and self-operative without the execution of any further instrument. Sublessee agrees, however, to execute and deliver at any time and from time to time, any instrument or certificate which, in the certificate sold judgment of such successor, may be necessary or appropriate to evidence such attornment. From and whether or not after any such attornment, such successor shall, subject to the best provisions herein contained, be bound to Sublessee under all the terms, covenants and conditions of knowledge this Sublease shall, from and after the succession to the interest of Sublessor hereunder have the signer of same remedies against such certificate the other party is in default in performance successor for a breach of any covenant agreement or condition contained in this Lease, and if so, Specifying each such default of which the maker may Sublease that Sublessee might have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of had against Sublessor under this Lease, if this Lease be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such noticeSublease; provided, however however, that nothing contained in the provision of this Section such successor shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the same.not be:

Estoppel Certificate. Landlord and Tenant agree that each will, at any time and shall from time to time, within ten (10) business days following written notice after being requested to do so by the other party hereto specifying that it is given pursuant to this SectionLandlord or any Mortgagee, execute, enseal, acknowledge and deliver to the party who gave Landlord (or, at Xxxxxxxx’s request, to any existing or prospective purchaser, transferee, assignee or Mortgagee of any or all of the Premises, the Property, any interest therein or any of Landlord’s rights under this Lease) an instrument in recordable form, acknowledging and agreeing that any statement contained in such noticecertificate may be relied upon by Landlord and any such other addressee, or its designate, a statement in writing certifying and certifying: (a) that this Lease is unmodified and in full force and effect (or or, if there has been any modification thereof, that it is in full and effect as so modified, stating therein the nature of such modification); (b) as to the dates to which the Base Rent and any Additional Rent and other charges arising hereunder have been modificationspaid; (c) as to the amount of any prepaid Rent or any credit due to Tenant hereunder; (d) that Xxxxxx has accepted possession of the Premises, and the date on which the Term commenced; (e) as to whether, to the best knowledge, information and belief of the signer of such certificate, Landlord or Tenant is then in default in performing any of its obligations hereunder (and, if so, specifying the nature of each such default); and (f) as to any other fact or condition reasonably requested by Landlord or such other addressee. At Landlord's option, the failure of Tenant to deliver such statement within such time shall constitute a material default of Tenant hereunder, or it shall be conclusive upon Tenant that the same (a) this Lease is in full force and effect and stating the modifications)effect, and the date to which the annual rent and any other payments due hereunder from Tenant have without modification except as may be represented by Landlord, (b) there are no uncured defaults in Landlord's performance, (c) not more than one month's Base Rent has been paid in advance, (d) all Improvements to be constructed by Landlord, if any, and stating whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party is in default in performance of any covenant agreement or condition contained in this Lease, and if so, Specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if this Lease be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement been completed in accordance with the provisions of this Section within said ten Landlord's obligations and (10e) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as Tenant has taken possession of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the samePremises.

Estoppel Certificate. Landlord and Tenant agree that each will, at any time and from time to time, within Upon not less than ten (10) days following business days’ prior written notice request by the other party hereto specifying that it is given pursuant Landlord, to this Section, execute, acknowledge and deliver to the party who gave such notice, or its designate, Landlord a statement in writing certifying writing, which may be in the form attached hereto as Exhibit E or in another form reasonably similar thereto, or such other form as Landlord may provide from time to time, certifying, to the extent true and accurate, all or any of the following: (i) that this Lease is unmodified and in full force and effect effect, (or ii) whether the Term has commenced and Fixed Rent and Additional Rent have become payable hereunder and, if there so, the dates to which they have been modificationspaid, that the same is in full force and effect and stating the modifications), and the date to which the annual rent and any other payments due hereunder from Tenant have been paid in advance, if any, and stating (iii) whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party Landlord is in default in performance of any covenant agreement or condition contained in this Lease, and if so, Specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor terms of this Lease, if (iv) whether Tenant has accepted possession of the Premises, (v) whether Tenant has made any claim against Landlord under this Lease and, if so, the nature thereof and the dollar amount, if any, of such claim, (vi) whether there exist any offsets or defenses against enforcement of any of the terms of this Lease upon the part of Tenant to be guaranteedperformed, and (vii) such further information with respect to the Lease or the Premises as Landlord may reasonably request. Any such statement delivered pursuant to this subsection 6.1.11 may be relied upon by any prospective purchaser or mortgagee of the Premises, or any prospective assignee of such mortgage. Tenant shall also deliver to Landlord such financial information as may be reasonably requested required by Landlord to be provided to any Mortgagee mortgagee or prospective purchaser of the Premises, provided such mortgagee or purchaserpurchaser first executes a non-disclosure agreement with Tenant, reasonably acceptable to Tenant. The If Tenant fails to deliver the estoppel certificate within the required time period, and such failure continues for an additional five (5) days following a second written request from Landlord, then Tenant shall be obligated to pay to Landlord, as Additional Rent within twenty (20) days of either party to executedemand, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest fee in the Building or any party thereof or amount of $500.00 per day for each day that Tenant fails to deliver the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained requested estoppel in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as period beginning on the day after the expiration of the date of such notice and, unless expressly consented to in writing by Landlordinitial 10-day period, and ending on the day Tenant shall still remain liable for actually delivers the sameestoppel.

Estoppel Certificate. Landlord and Tenant agree that each willagrees, at any time time, and from time to time, within upon not less than ten (10) days following written prior notice by the other party hereto specifying that it is given pursuant Landlord, to this Section, execute, acknowledge and deliver to Landlord, an Estoppel Certificate in the party who gave form attached as Exhibit "C" (or such notice, or its designate, a statement other form provided by Landlord) in writing addressed to Landlord or other party designated by Landlord certifying that this Lease is unmodified and in full force and effect (or or, if there have been modifications, that the same is in full force and effect as modified and stating the modifications), stating the actual commencement and expiration dates of the date Lease, stating the dates to which the annual rent Rent, and any other payments due hereunder from Tenant have been paid in advancecharges, if any, have been paid, that the Premises have been completed on or before the date of such certificate and that all conditions precedent to the Lease taking effect have been carried out, that Tenant has accepted possession, that the Lease Term has commenced, Tenant is occupying the Premises and is open for business, stating whether or not there are defenses or offsets claimed exists any default by either party in the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party is in default in performance of any covenant agreement covenant, agreement, term, provision or condition contained in this Lease, and and, if so, Specifying specifying each such default of which the maker signer may have knowledge and the claims or offsets, if requestedany, claimed by Tenant, and any other reasonable information requested by Landlord or other party designated by Landlord; it being intended that any such financial information concerning statement delivered pursuant hereto may be relied upon by Landlord or a purchaser of Landlord's interest and by any mortgagee or prospective mortgagee of any mortgage affecting the Premises or the Office Campus. If Tenant does not deliver such statement to Landlord within such ten (10) day period, Landlord and any prospective purchaser or encumbrancer may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been canceled or terminated except as otherwise represented by Landlord; (iii) that not more than one (1) month's Rent or other charges have been paid in advance; and (iv) that Landlord is not in default under the Lease. In such event, Tenant shall be estopped from denying the truth of such facts. Tenant shall also, on ten (10) days written notice, provide an agreement in favor of and in the form customarily used by such encumbrance holder, by the terms of which Tenant will agree to give prompt written notice to any such encumbrance holder in the event of any casualty damage to the Premises or in the event of any default on the part of Landlord under this Lease, and will agree to allow such encumbrance holder a reasonable length of time after notice to cure or cause the curing of such default before exercising Tenant’s business operations (and the Guarantor 's right of self-help under this Lease, if any, or terminating or declaring a default under this Lease be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the sameLease.

Estoppel Certificate. Landlord and Tenant agree that each will, at (a) At any time and from f rom time to time, within time upon not less than ten (10) days following written days, prior notice by the other party hereto specifying that it is given pursuant Landlord to this SectionTenant, Tenant shall, without charge, execute, acknowledge and deliver to the party who gave such notice, or its designate, Landlord a statement in writing writing, in recordable form, addressed to such party as Landlord may designate, prepared by Landlord or in form satisfactory to Landlord certifying (i) that this Lease lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as modified and stating the modifications), (ii) whether the term of this lease has commenced and rent and additional rent have become payable hereunder and, if so, the date dates to which the annual rent and any other payments due hereunder from Tenant they have been paid in advancepaid, if any, and stating (iii) whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not not, to the best of knowledge of the signer of such certificate the other party certificate, Landlord is in default in performance of any covenant agreement or condition contained in of the terms of this Leaselease and, and if so, Specifying specifying each such default of which the maker signer may have knowledge and knowledge, (iv) whether Tenant has accepted possession of the demised premises, (v) whether Tenant has made any uncollected claim against Landlord under this lease and, if requestedso, such financial information concerning Tenant and Tenant’s business operations (the nature thereof and the Guarantor dollar amount, if any, of such claim, (vi) whether there exist any offsets or defenses against enforcement of any of the terms of this Leaselease upon the part of Tenant to be performed and, if this Lease be guaranteedso, specifying the same and (vii) such further information with respect to the lease or the demised premises as Landlord may reasonably request, it being intended that any such statement delivered pursuant hereto may be reasonably requested relied upon by any Mortgagee prospective purchaser of the building or any part thereof or of the interest of Landlord in any part thereof, by any mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgmentthereof, by the party given such noticeany lessor or prospective lessor thereof, which may be relied on by any person holding lessee or proposing to acquire an interest in the Building prospective lessee thereof, or by any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver prospective assignee of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the samemortgage thereof.

Estoppel Certificate. Landlord and Tenant agree that each willshall, without charge, at any time and from time to time, within ten (10) business days following after receipt of written notice request therefor, by Landlord, ground lessor, if any, the holder of any indebtedness secured by the other party hereto specifying that it is given pursuant to this SectionLand or Building, any purchaser or prospective purchaser of the Land or Building or any person designated in writing by Landlord, execute, acknowledge and deliver to such requesting party a written estoppel certificate confirming, as of the party who gave date of such noticeestoppel certificate, the following: (a) whether or its designatenot Tenant is in possession of the Demised Premises; (b) to Tenant’s knowledge, a statement in writing certifying that whether or not this Lease is unmodified and in full force and effect (or or, if there have has been modificationsa modification, that the same Lease is in full force and effect as modified and stating the setting forth such modifications), ; (c) that the Term has commenced and the date to which full rental is now accruing; (d) the annual rent amounts of Monthly Base Rent and Additional Rent currently due and payable by Tenant; (e) that Tenant has accepted possession of the Demised Premises and is currently operating its business therein; (f) that any other payments due hereunder from Tenant improvements required by the Lease have been paid in advancemade by Landlord to the satisfaction of Tenant; (g) to Tenant’s knowledge, if any, and stating whether or not there are then existing any set-offs, charges, liens, claims or defenses or offsets claimed by against the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party is in default in performance enforcement of any covenant agreement right hereunder, including Base Rent, Additional Rent or condition contained in this Leaseother charges due (and, and if so, Specifying each such default specifying the same in detail); (h) that no Monthly Base Rent (except the first installment thereof) has been paid more than thirty (30) days in advance of which the maker may have its due date; (i) that Tenant has no knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations of any then uncured defaults by Landlord of its obligations under this Lease (and the Guarantor of this Leaseor, if this Tenant has such knowledge, specifying the same in detail); (j) that Tenant is not in default hereunder; (k) that the address to which notices to Tenant should be sent is as set forth in the Lease be guaranteed(or, if not, specifying the correct address); and (l) as may be any other statements of fact reasonably requested by any Mortgagee or prospective mortgagee or purchaserLandlord. The failure of either party Any statement delivered pursuant to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in owner of the Building or of the Land, any party thereof prospective purchaser of the Building or of the Premises Land, any ground lessor or this Lease from prospective ground lessor, any mortgagee or through prospective mortgagee of the other partyBuilding, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including of the respective due dates immediately preceding the date Land or of Landlord’s interest therein, or any prospective assignee of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the samemortgagee.

Estoppel Certificate. Landlord and Tenant agree Each party agrees that each it will, at any time and from time to time, within ten (10) business days following written notice by the other requesting party hereto specifying that it is given pursuant to this Sectionsection, execute, acknowledge and deliver to the requesting party who gave such notice, or its designate, a statement in writing certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect and stating the modifications), and the date to which the annual rent Base Rent, Ticket Surcharge and any other payments due hereunder from Tenant Lessee have been paid in advance, if any, and stating whether or not there are defenses or offsets claimed by the maker of the certificate certifying party and whether or not to the best of knowledge of certifying party, the signer of such certificate the other requesting party is in default in performance of any covenant any, covenant, agreement or condition contained in this Lease, and if so, Specifying specifying each such default of which the maker certifying party may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if this Lease be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaserknowledge. The failure of either the certifying party to execute, acknowledge and deliver to the other requesting party a statement in accordance with the provisions of this Section within said ten (10) business day period period, shall constitute an acknowledgment, acknowledgment by the party given such noticecertifying party, which may be relied on by any person holding or proposing to acquire an interest in the Building Premises or any party thereof or the Premises or this Lease from or through the other partythereof, that this Lease is unmodified and in full force and effect and that such rents all Rent and dues have been duly and fully paid to an and including the respective due dates immediately preceding the date of such notice notice, and shall constitute, as to any person entitled as aforesaid to rely upon such statementsstatement, a waiver of any defaults which may exist prior to the date of such notice; provided, however . It is agreed that nothing contained in the provision provisions of this Section shall constitute waiver by Landlord requesting party of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlordrequesting party and, and Tenant certifying party shall still remain liable for the same. There will be a two hundred fifty dollar ($250.00) regulatory fee per Section 166.221, Florida Statutes for each request made of Lessor for each Estoppel Certificate Requested, payment in full shall be made at the time of the request. No certificate shall be issued without payment of the fee.

Estoppel Certificate. Each of Landlord and Tenant agree that each willshall, at any time and from time to time, within but no more frequently than twice per Lease Year, upon receipt of not less than ten (10) days following Business Days’ prior written notice by request from the other party hereto specifying that it is given pursuant to this Sectionhereto, execute, acknowledge and deliver to furnish an estoppel certificate executed by an appropriate officer with knowledge of the party who gave such notice, or its designate, a statement in writing matters set forth therein (an 104 “Estoppel Certificate”) certifying (i) that this Lease is unmodified and in full force and effect (effect, or if there have been modifications, that the same this Lease is in full force and effect as modified and stating setting forth the modifications), ; (ii) the Rent and Additional Charges payable hereunder and the date dates to which the annual rent Rent and any other payments due hereunder from Tenant Additional Charges payable have been paid paid; (iii) that the address for notices to be sent to the party furnishing such Estoppel Certificate is as set forth in advancethis Lease (or, if anysuch address for notices has changed, and stating the correct address for notices to such party); (iv) whether or not there are defenses not, to its actual knowledge, such party or offsets claimed by the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party hereto is in default in the performance of any covenant covenant, agreement or condition contained in this Lease (together with, back-up calculation and information reasonably necessary to support the determination and calculation of the financial calculations required under this Lease, including, without limitation, the calculation of the Escalation amount and Tenant’s compliance with Section 23.3) and, if so, Specifying specifying each such default of which the maker such party may have knowledge knowledge; (v) that Tenant is in possession of the Leased Property; and if requested(vi) responses to such other questions or statements of fact as such other party, such financial information concerning Tenant and any ground or underlying landlord, any purchaser or any current or prospective Fee Mortgagee or Permitted Leasehold Mortgagee or Permitted Credit Facility Lender shall reasonably request. Landlord’s or Tenant’s business operations (and the Guarantor of this Lease, if this Lease be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a such statement in accordance with the provisions of this Section within said ten (10) business day period such time shall constitute an acknowledgmentacknowledgement by such failing party that, by the party given to such noticeparty’s knowledge, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that (x) this Lease is unmodified and in full force and effect except as may be represented to the contrary by the other party; (y) the other party is not in default in the performance of any covenant, agreement or condition contained in this Lease; and that (z) the other matters set forth in such rents have been duly request, if any, are true and fully paid correct. Any such certificate furnished pursuant to an including this Article XXIII may be relied upon by the respective due dates immediately preceding receiving party and any current or prospective Fee Mortgagee, Permitted Leasehold Mortgagee, Permitted Credit Facility Lender, ground or underlying landlord or purchaser of the date of such notice and shall constituteLeased Property. Each Guarantor or Tenant, as to any person entitled as aforesaid to rely upon such statementsthe case may be, waiver shall deliver a written notice within ten (10) Business Days of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as obtaining knowledge of the date occurrence of a default hereunder. Such notice shall include a detailed description of the default and the actions such notice andGuarantor or Tenant has taken or shall take, unless expressly consented if any, to in writing by Landlord, and Tenant shall still remain liable for the sameremedy such default.

Estoppel Certificate. Landlord and Tenant agree that each will, at any time and from time to time, within Upon not less than ten (10) days following days’ prior written notice request by the other party hereto specifying that it is given pursuant Landlord, to this Section, execute, acknowledge and deliver to the party who gave such notice, or its designate, Landlord a statement in writing writing, which may be in the form attached hereto as Exhibit F or in another form reasonably similar thereto, or such other form as Landlord may provide from time to time, certifying all or any of the following: (i) that this Lease is unmodified and in full force and effect effect, (or ii) whether the term has commenced and Fixed Rent and Additional Rent have become payable hereunder and, if there so, the dates to which they have been modificationspaid, that the same is in full force and effect and stating the modifications), and the date to which the annual rent and any other payments due hereunder from Tenant have been paid in advance, if any, and stating (iii) whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not not, to the best of knowledge of the signer of such certificate the other party Tenant’s current actual knowledge, Landlord is in default in performance of any covenant agreement or condition contained in this Lease, and if so, Specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor terms of this Lease, if (iv) whether Xxxxxx has accepted possession of the Premises, (v) whether Xxxxxx has made any claim against Landlord under this Lease and, if so, the nature thereof and the dollar amount, if any, of such claim, (vi) whether, to Tenant’s current actual knowledge, there exist any offsets or defenses against enforcement of any of the terms of this Lease upon the part of Tenant to be guaranteedperformed, and (vii) such further information with respect to the Lease or the Premises as Landlord may reasonably request. Any such statement delivered pursuant to this subsection 6.1.11 may be relied upon by any prospective purchaser or mortgagee of the Premises, or any prospective assignee of such mortgage. Tenant shall also deliver to Landlord such financial information as may be reasonably requested required by Landlord to be provided to any Mortgagee mortgagee or prospective mortgagee or purchaser. The failure purchaser of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such noticePremises; provided, however that nothing contained however, Tenant shall be required to provide only such financial information as is commercially reasonable. If Tenant fails to deliver the estoppel certificate within the required time period, and such failure continues for an additional five (5) days following a second written request from Landlord, then Tenant shall be obligated to pay to Landlord, as Additional Rent within twenty (20) days of demand, a fee in the provision amount of this Section shall constitute waiver by Landlord of any default $500.00 per day for each day that Tenant fails to deliver the requested estoppel in payment of rent or other charges existing as the period beginning on the day after the expiration of the date of such notice and, unless expressly consented to in writing by Landlordinitial 10-day period, and ending on the day Tenant shall still remain liable for actually delivers the same.estoppel. ​

Estoppel Certificate. Landlord and Tenant agree that each willAt any time, at any time and from time to time, within Lessee shall, promptly and in no event later than ten (10) days following written notice by the other party hereto specifying that it is given pursuant to this SectionBusiness Days after a request from Lessor or any Lender or mortgagee 4830-1362-4631.5 STORE/Synalloy Master Lease Agreement 6 Properties in OH, SC, TN and TX File No. 7210/02-475 of Lessor, execute, acknowledge and deliver to Lessor or such Lender or mortgagee, as the party who gave such notice, or its designatecase may be, a statement certificate in writing certifying the form supplied by Lessor, certifying: (a) that Lessee has accepted the Properties; (b) that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect and stating the has not been modified (or if modified, setting forth all modifications), or, if this Lease is not in full force and effect, the certificate shall so specify the reasons therefor; (c) the commencement and expiration dates of the Lease Term; (d) the date to which the annual rent and any other payments due hereunder from Tenant Rentals have been paid in advance, if any, under this Lease and stating the amount thereof then payable; (e) whether or not there are defenses or offsets claimed then any existing defaults by Lessor in the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party is in default in performance of any covenant agreement or condition contained in its obligations under this Lease, and if so, Specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Leaseand, if there are any such defaults, specifying the nature and extent thereof; (f) that no notice has been received by Lessee of any default under this Lease be guaranteedwhich has not been cured, except as to defaults specified in the certificate; (g) as may be the capacity of the Person executing such certificate, and that such Person is duly authorized to execute the same on behalf of Lessee; (h) that neither Lessor nor any Lender or mortgagee has actual involvement in the management or control of decision making related to the operational aspects or the day‑to‑day operation of the Properties, including any handling or disposal of Hazardous Materials or Regulated Substances; and (i) any other information reasonably requested by Lessor or any Mortgagee Lender or prospective mortgagee mortgagee, as the case may be. If Lessee shall fail or purchaser. The failure of either party refuse to execute, acknowledge and deliver to the other sign a statement certificate in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgmentdays following a request by Lessor, by Lessee irrevocably constitutes and appoints Lessor as its attorney‑in‑fact to execute and deliver the party given certificate to any such noticethird party, which may be relied on by any person holding or proposing to acquire it being stipulated that such power of attorney is coupled with an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease and is unmodified irrevocable and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the samebinding.

Estoppel Certificate. Landlord and Tenant agree that each will, shall at any time and from time to time, within ten time upon not less than fifteen (1015) days following written days’ prior notice by the other party hereto specifying that it is given pursuant from Landlord or from a Mortgagee to this SectionTenant, execute, acknowledge and deliver to the party who gave making such noticerequest a statement in writing certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as modified and stating the modifications), the dates to which Rent has been paid in advance, if any, and stating whether or not to the best knowledge of the signer of such certificate Landlord is in default in performance of any covenant, agreement, term, provision or condition contained in this Lease and, if so, specifying each such default of which the signer may have knowledge, it being intended that any such statement delivered pursuant hereto may be relied upon by any prospective purchaser of any interest in the Building, the Property or any portion thereof, any Mortgagee or prospective Mortgagee, any tenant or prospective tenant thereof, any prospective assignee of any Mortgage, or its designateany other party designated by Landlord. The form of any such requested written statement shall be reasonable and in any event satisfactory to the requesting party. Landlord shall at any time and from time to time upon not less than fifteen (15) days’ prior notice from Tenant, execute, acknowledge and deliver to Tenant or such other person or entity as Tenant may direct, a statement in writing certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as modified and stating the modifications), and the date dates to which the annual rent and any other payments due hereunder from Tenant have Rent has been paid in advance, if anypaid, and stating whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not to the best of actual knowledge of the signer of such certificate the other party Tenant is then in default in performance of any covenant agreement covenant, agreement, term, provision or condition contained in this LeaseLease and, and if so, Specifying specifying each such default of which the maker signer may have knowledge and if requestedknowledge, it being intended that any such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of statement delivered pursuant to this Lease, if this Lease be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which paragraph may be relied on upon by any person holding or proposing entity to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease which such certificate is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such noticeaddressed; provided, however that nothing contained however, that, in the provision of this Section no event shall constitute waiver any such statement given by Landlord be deemed to modify this Lease in anyway. Upon receipt of an invoice therefor, Tenant agrees to reimburse Landlord for all reasonable costs and expenses incurred by Landlord in providing any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the samecertificate.

Estoppel Certificate. Landlord and Within ten days after written request from Landlord, Tenant agree that each will, at any time and from time to time, within ten (10) days following written notice by the other party hereto specifying that it is given pursuant to this Section, execute, acknowledge shall execute and deliver to the party who gave such noticeLandlord, or its designatein recordable form, a statement in writing certifying certificate (“Estoppel Certificate”) stating (i) that this Lease is unmodified and in full force and effect (effect, or if there have been modifications, that the same is in full force and effect as modified, and stating all modifications, (ii) the modifications)then-current Basic Monthly Rent, and (iii) the date dates to which the annual rent and any other payments due hereunder from Tenant have Basic Monthly Rent has been paid in advance, if any(iv) the amount of any security deposit, and stating prepaid rent or other payment constituting Rent which has been paid, (v) whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not Tenant or, to the best of knowledge of the signer of such certificate the other party Tenant’s knowledge, Landlord is in default under this Lease and whether there currently exist any defenses or rights of offset under the Lease in performance favor of Tenant, (vi) that any covenant agreement Landlord’s Work required by this Lease is complete (or condition contained stating any exceptions) and (vii) such other matters as Landlord may reasonably request. Tenant’s failure to deliver such certificate within such ten day period shall be conclusive upon Tenant for the benefit of Landlord, and any successor in interest to Landlord, any lender or proposed lender, and any purchaser or proposed purchaser of the Project that, except as may be represented by Landlord, this Lease is unmodified and in full force and effect, no Rent has been paid more than 30 days in advance, neither Tenant nor Landlord is in default under this Lease, no defenses or rights of offset under the Lease exist in favor of Tenant, and if sothat all Landlord’s Work required by this Lease is complete. Landlord will similarly, Specifying each such default in connection with any lending or Transfer transaction, upon ten days written request from Tenant, execute an estoppel certificate in favor of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations proposed lender or Transferee confirming (and the Guarantor of this Lease, if this Lease be guaranteedi) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect, or in full force and effect as modified, and that such rents have stating all modifications, (ii) the then-current Basic Monthly Rent, (iii) the dates to which Basic Monthly Rent has been duly paid in advance, (iv) the amount of any security deposit, prepaid rent, or other payment constituting Rent which has been paid, and fully paid (v) whether or not to an including the respective due dates immediately preceding best of Landlord’s knowledge Tenant is in default under this Lease. The requirement for Tenant to execute and deliver to Landlord, the date of such notice and shall constituteEstoppel Certificate, as to required above, shall not be delayed, conditioned, or withheld for any person entitled as aforesaid to rely upon such statements, waiver reason; this requirement shall be an independent covenant of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of Tenant under this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the sameLease.

Estoppel Certificate. Landlord and Tenant agree that each willAt any time, at any time and from time to time, within Lessee shall, promptly and in no event later than ten (10) days following written notice by the other party hereto specifying that it is given pursuant to this SectionBusiness Days after a request from Lessor or any Lender or mortgagee of Lessor, execute, acknowledge and deliver to Lessor or such Lender or mortgagee, as the party who gave such notice, or its designatecase may be, a statement certificate in writing certifying the form supplied by Lessor, certifying: (a) that Lessee has accepted the Property; (b) that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect and stating the has not been modified (or if modified, setting forth all modifications), or, if this Lease is not in full force and effect, the certificate shall so specify the reasons therefor; (c) the commencement and expiration dates of the Lease Term; (d) the date to which the annual rent and any other payments due hereunder from Tenant Base Monthly Rentals have been paid in advance, if any, under this Lease and stating whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not amount thereof then payable; (e) to the best of knowledge of Lessee’s knowledge, whether there are then any existing defaults by Lessor in the signer of such certificate the other party is in default in performance of any covenant agreement or condition contained in its obligations under this Lease, and if so, Specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Leaseand, if there are any such defaults, specifying the nature and extent thereof; (f) that no notice has been received by Lessee of any default under this Lease be guaranteedwhich has not been cured, except as to defaults specified in the certificate; (g) as may be the capacity of the Person executing such certificate, and that such Person is duly authorized to execute the same on behalf of Lessee; (h) to the extent accurate, that Lessor has no actual involvement in the management or control of decision making related to the operational aspects or the day-to-day operation of the Property, including any handling or disposal of Hazardous Materials or Regulated Substances; and (i) any other information reasonably requested by Lessor. At any Mortgagee or prospective mortgagee or purchaser. The failure of either party time, and from time to time, Lessor shall, promptly and in no event later than ten (10) Business Days after a request from Lessee, execute, acknowledge and deliver to the other a statement Lessee an estoppel certificate in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing form reasonably acceptable to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the sameLessor.

Estoppel Certificate. Landlord and Tenant agree that each will, at At any time and from time to time, Tenant -------------------- shall, within ten (10) days following after written notice request by the other party hereto specifying that it is given pursuant to this SectionLandlord, execute, acknowledge and deliver to the party who gave such notice, or its designate, Landlord a statement in writing certifying certificate certifying: (a) that this Lease is unmodified and in full force and effect (or or, if there have been modifications, that the same this Lease is in full force and effect as modified, and stating the modificationsdate and nature of each modification), ; (b) the Commencement Date and the date to which Expiration Date determined in accordance with Article 2 hereof and the annual rent and any other payments due hereunder from Tenant have been paid in advancedate, if any, to which --------- all rent and stating whether or other sums payable hereunder have been paid; (c) that no notice has been received by Tenant of any default by Tenant hereunder which has not there are defenses or offsets claimed by the maker of the certificate and whether or not been cured, except as to defaults specified in such certificate; (d) that to the best of Tenant's knowledge of the signer of such certificate the other party Landlord is not in default in performance of any covenant agreement or condition contained in under this Lease, except as to defaults specified in such certificate; and if so, Specifying each (e) such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if this Lease be guaranteed) other matters as may be reasonably requested by Landlord or any Mortgagee actual or prospective mortgagee purchaser or purchasermortgage lender. The failure Any such certificate may be relied upon by Landlord and any actual or prospective purchaser or mortgage lender of either party the Project or any part thereof. At any time and from time to executetime, acknowledge and deliver to the other a statement in accordance with the provisions of this Section Tenant shall, within said ten (10) business day period days after written request by Landlord, deliver to Landlord copies of all current financial statements (including a balance sheet, an income statement, and an accumulated retained earnings statement), annual reports, and other financial and operating information and data of Tenant prepared by Tenant in the course of Tenant's business. In the event Tenant has securities registered under Section 12 of the Securities Exchange Act of 1934, Tenant shall constitute an acknowledgmentbe required to furnish only those financial statements and operating information which are available to the public. Unless available to the public, Landlord shall disclose such financial statements, annual reports and other information or data only to actual or prospective purchasers or mortgage lenders or partners of the Project or any part thereof, and otherwise keep them confidential unless other disclosure is required by law. Landlord agrees that within ten (10) days of the party written request of Tenant given not more than two (2) times in any calendar year, Landlord will furnish to Tenant a certificate certifying to the information contained in clauses (a), (b), (c) and (d) (except that such noticeinformation shall be with respect to notices received by Landlord and defaults of Tenant) above, which and any such certificate may be relied on upon by any person holding or proposing Tenant and its lenders, assignees and subtenants to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease same extent as Landlord is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver a similar certificate given by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the sameTenant.

Estoppel Certificate. Landlord and Tenant agree that each willagrees, at any time time, and from time to time, within upon not less than ten (10) days following written days' prior notice by the other party hereto specifying that it is given pursuant Landlord, to this Section, execute, acknowledge and deliver to Landlord, an estoppel certificate in the party who gave form attached as Exhibit D (or such notice, or its designate, a statement other form provided by Landlord) in writing addressed to Landlord or other party designated by Landlord certifying that this Lease is unmodified and in full force and effect (or or, if there have been modifications, that the same is in full force and effect as modified and stating the modifications), stating the actual commencement and expiration dates of the date Lease, stating the dates to which the annual rent rent, and any other payments due hereunder from Tenant have been paid in advancecharges, if any, have been paid, that the Leased Premises have been completed on or before the date of such certificate and that all conditions precedent to the lease taking effect have been carried out, that Tenant has accepted possession, that the Lease Term has commenced, Tenant is occupying the Leased Premises and is open for business, stating whether or not there are defenses or offsets claimed exists any default by either party in the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party is in default in performance of any covenant agreement covenant, agreement, term, provision or condition contained in this Lease, and and, if so, Specifying specifying each such default of which the maker signer may have knowledge and the claims or offsets, if requestedany, claimed by Tenant, and any other reasonable information requested by Landlord or other party designated by Landlord; it being intended that any such financial information concerning statement delivered pursuant hereto may be relied upon by Landlord or a purchaser of Landlord's interest and by any mortgagee or prospective mortgagee of any mortgage affecting the Leased Premises or the Center. If Tenant does not deliver such statement to Landlord within such ten (10) day period, Landlord and any prospective purchaser or encumbrancer may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been canceled or terminated except as otherwise represented by Landlord; (iii) that not more than one (1) month's Minimum Rent, Additional Rent or other charges have been paid in advance; and (iv) that Landlord is not in default under the Lease. In such event, Tenant shall be estopped from denying the truth of such facts. Tenant shall also, on ten (10) days' written notice, provide an agreement in favor of and in the form customarily used by such encumbrance holder, by the terms of which Tenant will agree to give prompt written notice to any such encumbrance holder in the event of any casualty damage to the Leased Premises or in the event of any default on the part of Landlord under this Lease, and will agree to allow such encumbrance holder a reasonable length of time after notice to cure or cause the curing of such default before exercising Tenant’s business operations (and the Guarantor 's right of self-help under this Lease, if any, or terminating or declaring a default under this Lease be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the sameLease.

Estoppel Certificate. Landlord and Tenant agree that each will, at any time and shall from time to time, within ten (10) days following written notice by the other party hereto specifying that it is given pursuant to this Sectionafter Tenant's receipt of Landlord's request therefor, execute, enseal, acknowledge and deliver to the party who gave such noticeLandlord, or its designateas Landlord may direct, a statement written instrument in writing recordable form (a) certifying (i) that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect and stating the has not been modified, supplemented or amended in any way (or, if there have been modifications), supplements or amendments thereto, that it is in full force and effect as modified, supplemented or amended, and stating such modifications, supplements and amendments) and that this Lease (as modified, supplemented or amended, as aforesaid) represents the date entire agreement among Landlord and Tenant as to the Premises and the leasehold; (ii) the dates to which the annual Base Rent, additional rent and any other payments due charges arising hereunder from Tenant have been paid in advancepaid, (iii) the amount of any prepaid rents or credits due to Tenant, if any; and (iv) that if applicable, Tenant has entered into occupancy of the Premises; (v) the date on which the Term shall have commenced and stating the corresponding expiration date; and (b) stating, to the best knowledge of Tenant, whether or not there are defenses or offsets claimed all conditions under the Lease to be performed by Landlord prior the maker date of the such certificate have been satisfied and whether or not to the best of knowledge of the signer of such certificate the other party Landlord is then in default in the performance of any covenant covenant, agreement or condition contained in this LeaseLease and specifying, and if soany, Specifying each such default of which the maker may have knowledge unsatisfied condition and if requested, each such financial information concerning Tenant default; and Tenant’s business operations (and the Guarantor of this Lease, if this Lease be guaranteedc) as may be stating any other fact or certifying any other condition reasonably requested by Landlord or by any Mortgagee mortgagee or prospective mortgagee or purchaserpurchaser of the Property or of any interest therein. The failure of either party In the event that Tenant shall fail to executecomplete, acknowledge execute and deliver to the other a statement in accordance with the provisions of this Section any such instrument within said ten (10) business day period shall constitute an acknowledgmentdays after Landlord's request therefor, by the party given such noticein addition to committing a default hereunder, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the samebe deemed to have irrevocably appointed Landlord or Beneficiary (if Landlord is a trustee of a land trust) as Tenant's attorney-in-fact to execute and deliver any such instrument or instruments in Tenant's name.

Estoppel Certificate. Landlord shall, at the request of Tenant and Tenant agree that each willshall, at the request of Landlord at any time and from time to time, within time upon not less than ten (10) days following days' prior written notice by the other party hereto specifying that it is given pursuant to this Sectionnotice, execute, acknowledge in recordable form, and deliver to the party who gave such noticeother, or for the Tenant to its designateauditor or a prospective purchaser of its business or assets, or to its assignee or subtenant if acceptable to Landlord, or for the Landlord to Landlord's mortgagee, the lessor under any Ground Lease, auditors or a prospective purchaser of the Project or any part thereof, a statement in writing certifying certificate stating that this Lease is unmodified and in full force and effect (or or, if there have been modificationsmodified, stating the nature of such modification and certifying that the same this Lease, as so modified, is in full force and effect and stating the modificationseffect), and the dates to which the rent and other charges are paid, and that Tenant is paying rent on a current basis with no offsets or claims, and there are not, to Tenant's or Landlord's knowledge, as the case may be, any uncured defaults on the part of Landlord or of Tenant (or specifying such offsets, claims or defaults, if any are claimed). Such certificate may require the party giving it to specify the date of commencement of rent, the Commencement Date, the Termination Date, the Base Rent, current Operating Cost Share Rent and Tax Share Rent estimates, the date to which rent has been paid, whether or not Landlord has completed any improvements required to be made to the annual rent Premises and such other matters as may be required. It is expressly understood and agreed that any such statement may be relied upon by any prospective purchaser or encumbrancer of all or any portion of the Project or by any ground lessor, or by a purchaser or assignee or lender to Tenant or to auditors of either party hereto or by any other payments due person to whom it is delivered. The failure to deliver such statement within the time required hereunder from Tenant have shall, at the option of the requesting party, be a default under this Lease, or be conclusive evidence, binding upon the nonperforming party that this Lease is in full force and effect, without modification except as may be represented by the requesting party, that there are no uncured defaults by the requesting party and that not more than one (1) month's rent has been paid in advance, if any, and stating whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party is in default in performance of any covenant agreement or condition contained in this Lease, and if so, Specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if this Lease nonperforming party shall be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease estopped from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of asserting any defaults which may exist prior known to the date of such notice; provided, however it at that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the sametime.

Estoppel Certificate. Landlord and Tenant agree that each willEach party hereto agrees that, at any time and from time to time, within time upon not less than ten (10) days following prior written notice request by the other party hereto specifying that or the holder of any Mortgage or any ground lessor, it is given pursuant to this Section(or any permitted assignee, executesubtenant, acknowledge and licensee, concessionaire or other occupant of the Premises claiming by, through or under Tenant) will deliver to the party who gave such notice, or its designatemaking the written request, a statement in writing signed by such party certifying certain terms, conditions and status of the relationship between Landlord and Tenant arising out of this Lease including, but in no way limited to: (i) that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same this Lease as modified is in full force and effect and stating identifying the modifications), ; (ii) the date upon which Tenant began paying Rent and the date dates to which the annual rent Rent and any other payments due hereunder from Tenant charges have been paid paid; (iii) that such responding party is not in advancedefault under this Lease, or, if anyin default the nature thereof in detail and, and stating whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not to the its best of knowledge of the signer of such certificate actual knowledge, the other party is not in default hereunder or, if in performance default, the nature thereof in detail; (iv) that Tenant is in occupancy of any covenant agreement the Premises and paying all Base Rent and Additional Rent, including all Impositions, on a current basis with no rental offsets or condition contained claims; (v) that there has been no prepayment of Base Rent other than that provided for in this Lease; (vi) that there are no actions, whether voluntary or otherwise, pending against such party under the bankruptcy laws of the United States; (vii) that except as specifically set forth in this Lease, and if so, Specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor there are no options or rights regarding renewal of this Lease, if this Lease be guaranteedacquisition of the Premises or any portion thereof, expansion or diminution of the Premises or other rights or options similar to the foregoing; and (viii) such other matters as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, required by the party given making the written request for such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the sameestoppel.

Estoppel Certificate. Landlord and Tenant agree that each will, at any time and from time to time, within ten (10) days following written notice by the other party hereto specifying that it is given pursuant to this Section, execute, acknowledge and deliver to the party who gave such notice, or its designate, a statement in writing certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect and stating the modifications), and the date to which the annual rent and any other payments due hereunder from Tenant have been paid in advance, if any, and stating whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party is in default in performance of any covenant agreement or condition contained in this Lease, and if so, Specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s Xxxxxx's business operations (and the Guarantor of this Lease, if this Lease be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Leased Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the same.

Estoppel Certificate. Landlord and Within ten days after written request from Landlord, Tenant agree that each will, at any time and from time to time, within ten (10) days following written notice by the other party hereto specifying that it is given pursuant to this Section, execute, acknowledge shall execute and deliver to the party who gave such noticeLandlord, or its designatein recordable form, a statement in writing certifying certificate (“Estoppel Certificate”) stating (i) that this Lease is unmodified and in full force and effect (effect, or if there have been modifications, that the same is in full force and effect as modified, and stating all modifications, (ii) the modifications)then-current Basic Monthly Rent, and (iii) the date dates to which the annual rent and any other payments due hereunder from Tenant have Basic Monthly Rent has been paid in advance, if any(iv) the amount of any security deposit, and stating prepaid rent or other payment constituting Rent which has been paid, (v) whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not Tenant or, to the best of knowledge of the signer of such certificate the other party Tenant’s knowledge, Landlord is in default under this Lease and whether there currently exist any defenses or rights of offset under the Lease in performance favor of Tenant, (vi) that any covenant agreement Landlord’s Work required by this Lease is complete (or condition contained stating any exceptions) and (vii) such other matters as Landlord may reasonably request. Tenant's failure to deliver such certificate within such ten day period shall be conclusive upon Tenant for the benefit of Landlord, and any successor in interest to Landlord, any lender or proposed lender, and any purchaser or proposed purchaser of the Project that, except as may be represented by Landlord, this Lease is unmodified and in full force and effect, no Rent has been paid more than 30 days in advance, neither Tenant nor Landlord is in default under this Lease, no defenses or rights of offset under the Lease exist in favor of Tenant, and if so, Specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenantthat all Landlord’s business operations (and the Guarantor of this Lease, if Work required by this Lease be guaranteedis complete. Landlord will similarly, in connection with any lending or Transfer transaction, upon ten days written request from Tenant, execute an estoppel certificate in favor of Tenant's proposed lender or Transferee confirming (i) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect, or in full force and effect as modified, and that such rents have stating all modifications, (ii) the then-current Basic Monthly Rent, (iii) the dates to which Basic Monthly Rent has been duly paid in advance, (iv) the amount of any security deposit, prepaid rent, or other payment constituting Rent which has been paid, and fully paid (v) whether or not to an including the respective due dates immediately preceding best of Landlord's knowledge Tenant is in default under this Lease. The requirement for Tenant to execute and deliver to Landlord, the date of such notice and shall constituteEstoppel Certificate, as to required above, shall not be delayed, conditioned, or withheld for any person entitled as aforesaid to rely upon such statements, waiver reason; this requirement shall be an independent covenant of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of Tenant under this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the sameLease.

Estoppel Certificate. Landlord and Tenant agree that each willshall, without charge therefor, at any time and from time to time, within ten thirty (1030) days following written notice after request therefor by the other party hereto specifying that it is given pursuant to this SectionLandlord, execute, acknowledge and deliver to the party who gave such noticeLandlord a written estoppel certificate, in reasonable form, certifying to Landlord, any mortgage, or its designateany purchaser of the Shopping Center or any other person designated by Landlord, a statement as of the date of such estoppel certificate; (i) that Tenant is in writing certifying possession of the Leased Premises and has accepted the same; (ii) that this Lease is unmodified and in full force and effect (or if there have has been modificationsmodification, that the same is in full force and effect as modified and stating the setting forth such modifications), and the date to which the annual rent and any other payments due hereunder from Tenant have been paid in advance, if any, and stating ; (iii) whether or not there are then existing any set-offs or defenses against the enforcement of any right or offsets claimed by remedy of Landlord, or any duty or obligation of Tenant, hereunder (and, if so, specifying the maker of same in detail); (iv) that Rent is paid currently without any offset or defense thereto, (v) the certificate and dates, if any, to which any Rent has been paid in advance; (vi) whether or not to the best there is then existing any claim of knowledge of the signer of such certificate the other party is in Landlord's default in performance of any covenant agreement or condition contained in under this Lease, Lease and if so, Specifying each such default specifying the same in detail; (vii) that Tenant has no knowledge of which any event having occurred that authorized the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor termination of this LeaseLease by Tenant (or if Tenant has such knowledge, if specifying the same in detail); and (viii) any other matters relating to the status of this Lease that Landlord or its mortgage may request be guaranteedconfirmed, provided that such facts are accurate and ascertainable. Landlord shall, within thirty (30) as may be reasonably requested by days after written request from Tenant, no more often than once in any Mortgagee or prospective mortgagee or purchaser. The failure of either party to executeLease Year and provided Tenant is not then in default hereunder, acknowledge and deliver to the other Tenant or such persons as Tenant may designate, a statement in accordance with writing certifying to the provisions extent true that: (i) Tenant is in possession of this Section within said ten the Leased Premises; (10ii) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect (as later modified, if such be the case); (iii) the Rent due hereunder is current; and (iv) that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date best of such notice; providedLandlord's knowledge, however that nothing contained information and belief, Tenant is not in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the samehereunder.

Estoppel Certificate. Landlord and Tenant agree that each will, at any time and from time agrees periodically to time, furnish within ten (10) days following written notice after so requested by Landlord, ground lessor or the other party hereto specifying that it is given pursuant to this Sectionholder of any deed of trust, executemortgage or security agreement covering the Building, acknowledge and deliver to the party who gave such noticeLand, or its designateany interest of Landlord therein, a statement in writing certifying certificate signed by Tenant certifying: (a) that this Lease is unmodified and in full force and effect and unmodified (or if there have been modifications, that the same is in full force and effect as modified and stating the modifications), ; (b) as to the Commencement Date and the date to through which the annual rent and any other payments due hereunder from Tenant have been paid in advance, if any, and stating whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party is in default in performance of any covenant agreement or condition contained in this Lease, and if so, Specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant Base Rental and Tenant’s business operations Estimated Additional Rental have been paid; (c) that Tenant has accepted possession of the Premises and that any improvements required by the Guarantor terms of this Lease, if Lease to be made by Landlord have been completed to the satisfaction of Tenant; (d) that except as stated in the certificate no Rent has been paid more than thirty (30) days in advance of its due date; (e) that the address for notices to be sent to Tenant is as set forth in this Lease be guaranteed) (or has been changed by notice duly given and is as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest set forth in the Building or any party thereof or the Premises or this Lease from or through the other party, certificate); (f) that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, except as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained stated in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing certificate, Tenant, as of the date of such notice andcertificate, unless expressly consented has no charge, lien, or claim of offset against Rent due or to become due; (g) that except as stated in writing the certificate, Landlord is not then in default under this Lease; (h) as to the amount of Rentable Area then occupied by Tenant; (i) that there are no renewal or extension options, purchase options, rights of first refusal or the like in favor of Tenant except as set forth in this Lease; (j) the amount and nature of accounts payable to Landlord under terms of this Lease; and (k) as to such other matters as may be requested by Landlord or ground lessor or the holder of any such deed of trust, mortgage or security agreement. Any such certificate may be relied upon by any ground lessor, prospective purchaser, secured party, mortgagee or any beneficiary under any mortgage, deed of trust on the Building or the Land or any part thereof or interest of Landlord therein. Tenant’s failure to deliver such estoppel certificate within such time shall be conclusive upon Tenant that: (a) this Lease is in full force and effect without modification, except as may be represented by Landlord, ; (b) there are no uncured defaults in Landlord’s or Tenant’s performance; and (c) not more than one (1) month’s rental has been paid in advance. Tenant shall still remain liable for the sameindemnify, defend (with counsel reasonably approved by Landlord in writing) and hold Landlord harmless from and against any and all claims, judgments, suits, causes of action, damages, losses, liabilities and expenses (including attorneys’ fees and court costs) attributable to any failure by Tenant to timely deliver any such estoppel certificate to Landlord pursuant to this Paragraph 32.

Estoppel Certificate. Landlord and Tenant agree that each willAt any time, at any time and from time to time, within up to twice in one calendar year (other than in the instance of a proposed sale of the Property), Lessee shall, promptly and in no event later than ten (10) days following written notice by the other party hereto specifying that it is given pursuant to this Sectionafter a request from Lessor or any Lender or mortgagee of Lessor, execute, acknowledge and deliver to Lessor or such Lender or mortgagee, as the party who gave such notice, or its designatecase may be, a statement certificate in writing certifying the form supplied by Lessor, certifying: (a) that Lessee has accepted the Properties; (b) that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect and stating the has not been modified (or if modified, setting forth all modifications), or, if this Lease is not in full force and effect, the certificate shall so specify the reasons therefor; (c) the commencement and expiration dates of the Lease Term; (d) the date to which the annual rent and any other payments due hereunder from Tenant Rentals have been paid in advance, if any, under this Lease and stating the amount thereof then payable; (e) whether or not there are defenses or offsets claimed then any existing defaults by Lessor in the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party is in default in performance of any covenant agreement or condition contained in its obligations under this Lease, and if so, Specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Leaseand, if there are any such defaults, specifying the nature and extent thereof; (f) that no notice has been received by Lessee of any default under this Lease be guaranteedwhich has not been cured, except as to defaults specified in the certificate; (g) as may be the capacity of the Person executing such certificate, and that such Person is duly authorized to execute the same on behalf of Lessee; (h) that neither Lessor nor any Lender or mortgagee has actual involvement in the management or control of decision making related to the operational aspects or the day-to-day operation of the Properties, including any handling or disposal of Hazardous Materials or Regulated Substances; and (i) any other information reasonably requested by Lessor or any Mortgagee Lender or prospective mortgagee mortgagee, as the case may be. If Lessee shall fail or purchaser. The failure of either party refuse to execute, acknowledge and deliver to the other sign a statement certificate in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgmentdays following a request by Lessor, by Lessee irrevocably constitutes and appoints Lessor as its attorney-in-fact to execute and deliver the party given certificate to any such noticethird party, which may be relied on by any person holding or proposing to acquire it being stipulated that such power of attorney is coupled with an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease and is unmodified irrevocable and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the samebinding.

Estoppel Certificate. Landlord and Tenant agree agrees that each will, at any time and from time to time, within ten time upon not less than five (105) days following written notice prior request by Landlord, or any existing or prospective Mortgagee or Ground Lessor, Tenant will, and Tenant will cause any subtenant, licensee, concessionaire or other occupant of the other party hereto specifying that it is given pursuant to this SectionPremises claiming by, executethrough or under Tenant to, acknowledge complete, execute and deliver to the party who gave such notice, Landlord or its designateLandlord's designee or to any Mortgagee or Ground Lessor, a statement in writing written estoppel certificate certifying to Tenant's actual knowledge (a) that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same this Lease as modified is in full force and effect and stating identifying the modifications), ; (b) the date upon which Tenant began paying Rent and the date dates to which the annual rent Rent and any other payments due hereunder from Tenant charges have been paid in advance, if any, and stating whether or paid; (c) that Landlord is not there are defenses or offsets claimed by the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party is in default in performance of under any covenant agreement or condition contained in this Lease, and if so, Specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor provision of this Lease, or, if this Lease be guaranteedin default, the nature thereof in detail; (d) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to that the other a statement Premises have been completed in accordance with the provisions terms hereof and Tenant is in occupancy and paying Rent on a current basis with no rental offsets or claims; (e) that there has been no prepayment of Rent other than that provided for in this Lease; (f) that there are no actions, whether voluntary or otherwise, pending against Tenant under the Bankruptcy Code or the bankruptcy, insolvency, reorganization, liquidation, dissolution, compensation, receivership or other laws of any state for the relief of debtors; and (g) such other matters as may be required by Landlord, Mortgagee or Ground Lessor, including, without limitation, any other information concerning the status of this Section Lease or the parties' performance hereunder reasonably requested by the party to whom such estoppel certificate is to be addressed. Tenant's failure to complete, execute and deliver any such estoppel certificate within said ten (10) business the aforesaid 5-day period shall constitute be deemed to be a Default under this Lease, or, alternatively, at Landlord's election, Tenant shall be deemed to have agreed with the matters set forth in an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified estoppel letter prepared and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing delivered by Landlord, and Tenant shall still remain liable for the same.

Estoppel Certificate. Landlord and Tenant agree that each willshall, without charge, at any time and from time to time, within ten five (105) days following written notice after request therefor by Landlord, Mortgagee, any purchaser of the Land or the Building or any other party hereto specifying that it is given pursuant to this Sectioninterested person, execute, acknowledge and deliver to such requesting party a written estoppel certificate certifying, as of the party who gave date of such noticeestoppel certificate, or its designate, a statement in writing certifying the following: (i) that this Lease is unmodified and in full force and effect (or if there have been modificationsmodified, that the same Lease is in full force and effect as modified and stating the setting forth such modifications), ; (ii) that the Term has commenced (and setting forth the date Commencement Date and Expiration Date); (iii) that Tenant is presently occupying the Premises; (iv) the amounts of Base Rent and Additional Rent currently due and payable by Tenant; (v) that any Alterations required by the Lease to which the annual rent and any other payments due hereunder from Tenant have been paid in advancemade by Landlord have been made to the satisfaction of Tenant; (vi) that there are no existing set-offs, charges, liens, claims or defenses against the enforcement of any right hereunder, including, without limitation, Base Rent or Additional Rent (or, if anyalleged, and stating whether or not there are defenses or offsets claimed by specifying the maker same in detail); (vii) that no Base Rent (except the first installment thereof) has been paid more than thirty (30) days in advance of the certificate and whether or not to the best of its due date; (viii) that Tenant has no knowledge of the signer of such certificate the other party is in any then uncured default in performance of any covenant agreement or condition contained in this Lease, and if so, Specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if this Lease be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of its obligations under this Lease (or, if Tenant has such knowledge, specifying the same in detail); (ix) that Tenant is not in default; (x) that the address to which notices to Tenant should be sent is as set forth in the Lease (or, if not, specifying the correct address); and (xi) any default in payment of rent or other charges existing as of the date of such notice andcertifications requested by Landlord. In addition, unless expressly consented to in writing within five (5) days after request by Landlord, and Tenant shall still remain liable deliver to Landlord audited financial statements of Tenant for the sameits most recently ended fiscal year and interim unaudited financial statements for its most recently ended quarter.

Estoppel Certificate. Landlord and (a) The Tenant agree that each willshall, without charge, at any time and from time to time, within ten fifteen (1015) days following written notice by after receipt of request therefor from the other party hereto specifying that it is given pursuant to this SectionLandlord, execute, acknowledge and deliver to the Landlord, and to such Mortgagee or other party who gave such noticeas may be designated by the Landlord, a written estoppel certificate in form and substance as may be requested from time to time by the Landlord, the other party or any Mortgagee, certifying to the other party, any Mortgagee, any purchaser of Landlord’s interest in all or any part of the Project, or its designateany other person or entity designated by the other party, a statement as of the date of such estoppel certificate, the following: (a) whether the Tenant is in writing certifying that possession of the Premises; (b) whether this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect and stating the modifications), and the date to which the annual rent and any other payments due hereunder from Tenant have been paid in advance, if any, and stating effect; (c) whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not any amendments to the best of knowledge of the signer of such certificate the other party is in default in performance of any covenant agreement or condition contained in this Lease, and if so, Specifying each specifying such default amendments; (d) whether there are any then-existing setoffs or defenses against the enforcement of which the maker may have knowledge any rights hereunder, and if requestedso, specifying such financial information concerning Tenant and Tenant’s business operations matters in detail; (e) the dates, if any, to which any rent or other sums due hereunder have been paid in advance and the Guarantor amount of any security deposit held by the Landlord; (f) that the Tenant has no knowledge of any then existing defaults of the Landlord under this Lease, or if there are such defaults, specifying them in detail; (g) that the Tenant has no knowledge of any event having occurred that authorized the termination of this Lease by the Tenant, or if such event has occurred, specifying it in detail; (h) the address to which notices to the Tenant should be guaranteedsent; and (i) as may be any and all other matters reasonably requested by the Landlord, any Mortgagee and/or any other person or prospective mortgagee entity designated by the Landlord. Any such estoppel certificate may be relied upon by the person or purchaserentity to whom it is directed or by any other person or entity who could reasonably be expected to rely on it in the normal course of business. The failure of either party the Tenant to execute, acknowledge and deliver to the other such a statement certificate in accordance with this section within fifteen (15) days after a request therefor by the provisions of this Section within said ten (10) business day period Landlord shall constitute an acknowledgment, acknowledgment by the party given such noticeTenant, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entity who would be entitled as aforesaid to rely upon any such statementscertificate, waiver of any defaults which may exist prior that such certificate as submitted by the requesting party to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlordparty is true and correct, and Tenant shall still remain liable for the samerequesting party is hereby authorized to so certify.

Estoppel Certificate. Landlord and Tenant agree that each will, at any time and from time to timeEach party shall, within ten fifteen (1015) days following written notice by of receiving a request from the other party hereto specifying that it is given pursuant to this Sectionparty, execute, acknowledge in recordable form, and deliver to the other party who gave such notice, or its designatedesignee a certificate stating, subject to a specific statement in writing certifying that this Lease is unmodified and in full force and effect (or if there have been modificationsof any applicable exceptions, that the same Lease as amended to date is in full force and effect effect, that the Tenant is paying Rent and stating the modifications)other charges on a current basis, and that to the best of the knowledge of the certifying party, the other party has committed no uncured defaults and has no offsets or claims. The certifying party may also be required to state the date of commencement of payment of Rent, the Commencement Date, the Termination Date, the Base Rent, the current Operating Cost Share Rent and Tax Share Rent estimates, the status of any improvements required to be completed by Landlord, the amount of any security deposit, and such other matters as may be reasonably requested. If the requested certificate is not delivered to the requesting party with fifteen (15) days as provided above, the requesting party may then deliver a second written notice requesting delivery of the required certificate, which notice shall state in BOLD PRINT that “FAILURE TO DELIVER THE REQUESTED CERTIFICATE WITHIN FIVE (5) DAYS AFTER YOUR RECEIPT HEREOF SHALL BE DEEMED CONCLUSIVE EVIDENCE OF CERTAIN MATTERS MORE FULLY DESCRIBED IN SECTION 19 OF THE LEASE.” Failure to deliver such statement within such additional five (5) day period shall then be conclusive evidence against the annual rent non-certifying party that this Lease, with any amendments identified by the requesting party, is in full force and any other payments due hereunder from Tenant have effect, that there are no uncured defaults by the requesting party, that not more than one month’s Rent has been paid in advance, if anythat the non-certifying party has not paid any security deposit, and stating whether or not there are defenses that the non-certifying party has no claims or offsets claimed by against the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party is in default in performance of any covenant agreement or condition contained in this Lease, and if so, Specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if this Lease be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other requesting party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the same.

Estoppel Certificate. Landlord and Tenant agree that each will, at any time and from From time to time, Tenant shall furnish to any party designated by Landlord, within ten days after Landlord has made a request therefor (10) days following written notice by the provided that such request is made in connection with an actual or proposed sale, refinancing, or other party hereto specifying that it is given pursuant to this Section, execute, acknowledge and deliver bona fide transaction related to the party who gave such notice, or its designateReal Estate), a statement in writing certifying certificate signed by Tenant stating the following, as requested: (a) that this Lease is unmodified and in full force and effect effect, (or or, if there have been modificationsmodified, stating the nature of such modification and certifying that the same this Lease, as so modified, is in full force and effect effect); (b) the date the Lease commenced and stating the modificationsrent commencement date (if different); (c) whether Tenant has any options to renew or extend the Lease Term or any options, rights of first refusal or rights of first offer to expand the Premises or to purchase the Real Property and whether Tenant has exercised any of those options; (d) whether Tenant has accepted and is now in full possession of the Premises, and whether Tenant has assigned the date Lease, sublet all or any portion of the Premises, or otherwise transferred any interest in the Lease or the Premises; Tenant agrees to provide a copy of such assignment, sublease or transfer upon request; (e) the current monthly installments of Base Rent and Additional Rent, the dates to which the annual rent such rental and any other payments due hereunder from Tenant charges have been paid, and that no such rent has been paid for more than 30 days in advanceadvance of its due date; (f) the base year(s) or base amount(s), if any, for Tenant's Proportionate Share of Expenses and stating Taxes; (g) whether Tenant is currently receiving any rental concessions, rebates or not there are defenses or offsets claimed by the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party is in default in performance of any covenant agreement or condition contained in this Leaseabatements and, and if so, Specifying each the terms of such default of which concession, rebate or abatement, including, without limitation, the maker may have knowledge and if requesteddate when such concession, such financial information concerning rebate or abatement will expire; (h) whether Tenant and Tenant’s business operations (and is entitled to any future rent concessions, rebates or abatements under the Guarantor of this LeaseLease and, if this so, the terms of the future concessions, rebates or abatements; (i) the amount of the Security Deposit or letter of credit paid to or delivered to Landlord; (j) whether Tenant has received any notice of prior sale, transfer assignment, hypothecation or pledge of the Lease or of the rents payable thereunder; (k) that all alterations, improvements, additions, build-outs or construction required to be guaranteedperformed under the Lease have been completed and any required allowances have been paid (or if not completed or paid, stating the nature of the deficiencies); (l) that Tenant is paying rent on a current basis with no offsets or claims, and there are not, to Tenant's knowledge, any uncured defaults on the part of Landlord or of Tenant as is pertinent to the request (or specifying such offsets, claims or defaults, if any are claimed); and (m) such other matters as may be reasonably requested requested. If Tenant does not deliver to Landlord the certificate signed by any Mortgagee or prospective mortgagee or purchaser. The Tenant within such required time period, then Landlord may elect to send a second notice, advising Tenant that Tenant’s failure of either party to execute, acknowledge execute and deliver to the other a statement in accordance with the provisions such documentation within 5 business days after delivery of this Section within said ten (10) business day period shall such second notice will constitute an acknowledgmentEvent of Default, by the party given and if Landlord sends such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such second notice and shall constituteif Tenant fails to execute and deliver such documentation within such 5 business days, as to any person entitled as aforesaid to rely upon such statements, waiver failure will constitute an Event of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the sameDefault.

Estoppel Certificate. Landlord and Tenant agree that each willTenant, at any time and shall, from time to time, within ten (10) days following written notice after request by the other party hereto specifying that it is given pursuant to this SectionLender, execute, acknowledge and deliver to the party who gave such notice, or its designate, Lender a statement in writing by Tenant certifying (a) that this the Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as modified and stating the modifications), (b) the amounts of fixed rent, additional rent, percentage rent, or other sums, if any, which are payable in respect of the Lease and the commencement date and expiration date of the Lease, (c) the dates to which the annual rent and any other payments due hereunder from Tenant have been paid in advancefixed rent, additional rent, percentage rent, if any, and stating other sums which are payable in respect to the Lease have been paid, (d) whether or not there are defenses Tenant is entitled to credits or offsets claimed by against such rent, and, if so, the maker reasons therefor and the amount thereof, (e) that Tenant is not in default in the performance of any of its obligations under the certificate Lease and no event has occurred which, with the giving of notice or the passage of time, or both, would constitute such a default, (f) whether or not not, to the best of knowledge of the signer person certifying on behalf of such certificate the other party Tenant, Landlord is in default in the performance of any covenant agreement or condition contained in this of its obligations under the Lease, and and, if so, Specifying each such default of which specifying the maker may have knowledge and if requestedsame, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Leaseg) whether or not, if this Lease be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance best knowledge of such person, any event has occurred which with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date giving of such notice or passage of time, or both would constitute such a default, and, if so, specifying each such event, and shall constitute(h) whether or not, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date best knowledge of such notice; providedperson, however that nothing contained in Tenant has any claims, defenses or counterclaims against Landlord under the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice Lease, and, unless expressly consented to in writing by Landlordif so, and Tenant shall still remain liable for specifying the same, it being intended that any such statement delivered pursuant hereto shall be deemed a representation and warranty to be relied upon by Lender and by others with whom Lender may be dealing, regardless of independent investigation. Tenant also shall include in any such statement such other information concerning the Lease as Lender may reasonably request.

Estoppel Certificate. Landlord shall, at the request of Tenant and Tenant agree that each will, shall at the request of Landlord at any time and from time to time, within time upon not less than ten (10) days following days' prior written notice by the other party hereto specifying that it is given pursuant to this Sectionnotice, execute, acknowledge in recordable form, and deliver to the party who gave such noticeother, or for the Tenant to its designateauditor or a prospective purchaser of its business or assets, or to its assignee or subtenant if acceptable to Landlord, or for the Landlord to Landlord's mortgagee, the lessor under any Ground Lease, auditors or a prospective purchaser of the Project or any part thereof, a statement in writing certifying certificate stating that this Lease is unmodified and in full force and effect (or or, if there have been modificationsmodified, stating the nature of such modification and certifying that the same this Lease, as so modified, is in full force and effect and stating the modificationseffect), and the dates to which the Rent and other charges are paid, and that Tenant is paying Rent on a current basis with no offsets or claims, and there are not, to Tenant's or Landlord's knowledge, as the case may be, any uncured defaults on the part of Landlord or of Tenant (or specifying such offsets, claims or defaults, if any are claimed). Such certificate may require the party giving it to specify the date of commencement of Rent, the Commencement Date, the Termination Date, the Base Rent, current Operating Cost Share Rent, and Tax Share Rent estimates, the date to which Rent has been paid, whether or not Landlord has completed any improvements required to be made to the annual rent Premises and such other matters as may be required. It is expressly understood and agreed that any such statement may be relied upon by any prospective purchaser or encumbrancer of all or any portion of the Project or by any ground lessor, or by a purchaser or assignee or lender to Tenant or to auditors to either party hereto or by any other payments due person to whom it is delivered. The failure to deliver such statement within the time required hereunder from Tenant have shall, at the option of the requesting party, be a default under this Lease, or be conclusive evidence, binding upon the nonperforming party that this Lease is in full force and effect, without modification except as may be represented by the requesting party, that there are no uncured defaults by the requesting party and that no more than one (1) month's Rent has been paid in advance, if any, and stating whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party is in default in performance of any covenant agreement or condition contained in this Lease, and if so, Specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if this Lease nonperforming party shall be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease estopped from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of asserting any defaults which may exist prior known to the date of such notice; provided, however it at that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the sametime.

Estoppel Certificate. Landlord and Tenant agree that each will, Lessee shall at any time and from time to time, time within ten (10) business days following written notice by the other party hereto specifying that it is given pursuant to this Section, request from Lessor execute, acknowledge acknowledge, and deliver to the party who gave such notice, or its designate, Lessor a statement in writing (i) certifying that this Lease is unmodified and in full force and effect (or or, if there have been modificationsmodified, stating the nature of such modification and certifying that the same this Lease as so modified is in full force and effect effect); (ii) acknowledging that there are not, to Lessee's knowledge, any uncured defaults on the part of Lessor hereunder, or specifying such defaults if any are claimed; (iii) certifying the date when Lessee entered into occupancy of the Premises and stating that Lessee is open and conducting business at the modifications), and Premises; (iv) certifying the date to which the annual rent rentals and any other payments due hereunder from Tenant have been charges are paid in advance, if any; (v) certifying the current amount of base rent due under the Lease; (vi) evidencing the status of this Lease as may be reasonably required either by a lender making a loan affecting, and stating whether or not there are defenses a purchaser of, the Premises or offsets claimed by the maker any part of the certificate Industrial Center from Lessor; (vii) certifying that all improvements to be constructed on the Premises by Lessor are substantially complete, except for any punch list items that do not prevent Lessee from using the Premises for its intended use; and whether or not (viii) certifying as to the best of knowledge of the signer of such certificate the other party is in default in performance of any covenant agreement or condition contained in this Lease, and if so, Specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if factual matters relating to this Lease be guaranteed) and/or the Premises as may be reasonably requested by a lender making a loan to Lessor or a purchaser of the Premises or any Mortgagee or prospective mortgagee or purchaserpart thereof from Lessor. The failure of either party to execute, acknowledge and deliver to the other a Any such statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on upon by any person holding prospective purchaser or proposing to acquire an interest in the Building encumbrancer of all or any party thereof portion of the Industrial Center or any interest therein. Lessee shall, within thirty (30) days following request of Lessor given not more than once every twelve (12) months, deliver such other documents, including copies of up to the Premises last three (3) years worth of Lessee's financial statements, as are reasonably requested in connection with the sale of, or this Lease from a loan to be secured by, any portion of the Industrial Center or through the other partyany interest therein. All such financial statements shall be received by Lessor and such lender or purchaser in confidence, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice shall be kept strictly confidential and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable be used only for the samepurposes herein set forth.

Estoppel Certificate. Landlord and Tenant agree that each willagrees, at any time time, and from time to time, within upon not less than ten (10) days following written days' prior notice by the other party hereto specifying that it is given pursuant Landlord, to this Section, execute, acknowledge and deliver to Landlord, an estoppel certificate in the party who gave form attached as Exhibit F (or such notice, or its designate, a statement other form provided by Landlord) in writing addressed to Landlord or other party designated by Landlord certifying that this Lease is unmodified and in full force and effect (or or, if there have been modifications, that the same is in full force and effect as modified and stating the modifications), stating the actual commencement and expiration dates of the date Lease, stating the dates to which the annual rent rent, and any other payments due hereunder from Tenant have been paid in advancecharges, if any, have been paid, that the Leased Premises have been completed on or before the date of such certificate and that all conditions precedent to the lease taking effect have been carried out, that Tenant has accepted possession, that the Lease Term has commenced, Tenant is occupying the Leased Premises and is open for business, stating whether or not there are defenses or offsets claimed exists any default by either party in the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party is in default in performance of any covenant agreement covenant, agreement, term, provision or condition contained in this Lease, and and, if so, Specifying specifying each such default of which the maker signer may have knowledge and the claims or offsets, if requestedany, claimed by Tenant, and any other reasonable information requested by Landlord or other party designated by Landlord; it being intended that any such financial information concerning statement delivered pursuant hereto may be relied upon by Landlord or a purchaser of Landlord's interest and by any mortgagee or prospective mortgagee of any mortgage affecting the Leased Premises or the Shopping Center. If Tenant does not deliver such statement to Landlord within such ten (10) day period, Landlord and any prospective purchaser or encumbrancer may conclusively presume and rely upon the following facts: (I) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been canceled or terminated except as otherwise represented by Landlord; (iii) that not more than one (1) month's Minimum Rent, Additional Rent or other charges have been paid in advance; and (iv) that Landlord is not in default under the Lease. In such event, Tenant shall be estopped from denying the truth of such facts. Tenant shall also, on ten (10) days' written notice, provide an agreement in favor of and in the form customarily used by such encumbrance holder, by the terms of which Tenant will agree to give prompt written notice to any such encumbrance holder in the event of any casualty damage to the Leased Premises or in the event of any default on the part of Landlord under this Lease, and will agree to allow such encumbrance holder a reasonable length of time after notice to cure or cause the curing of such default before exercising Tenant’s business operations (and the Guarantor 's right of self-help under this Lease, if any, or terminating or declaring a default under this Lease be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the sameLease.

Estoppel Certificate. Landlord and Tenant agree that each willAt either party’s request, at any time and the other party shall, from time to time, within and upon ten (10) business days following prior written notice request by the other party hereto specifying that it is given pursuant to this Sectionsuch party, execute, acknowledge and deliver deliver, in recordable form, to such party or as such party may direct or to a Holder, purchaser or other interested party, as the party who gave such notice, or its designatecase may be, a written statement in writing certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, modifications that the same Lease is in full force and effect as modified and stating the modifications), and the date of commencement of this Lease, the dates to which the annual rent Base Rental, additional rental and any other payments due hereunder from Tenant charges have been paid paid, that Tenant is in advancepossession of the Premises paying the full Lease rental, if anythat no rental payments have been made in advance except as stated in the Lease, and stating whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not whether, to the best of knowledge of the signer of such certificate party, the other party is in default in performance of any covenant agreement or condition contained in this Lease, hereunder (and if so, Specifying each such specifying the nature of the default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Leasesteps, if this Lease be guaranteed) any, being taken to cure same), and such other matters as may be reasonably requested required by such party, or any Mortgagee person dealing with such party with respect to such party’s interest in the Premises. No cure or prospective mortgagee or purchasergrace period provided in this Lease shall apply to such party’s obligation to timely deliver an estoppel certificate. The failure of either party Further, if Tenant fails to execute, acknowledge execute and deliver to the other a statement in accordance with the provisions of this Section estoppel certificate within said such ten (10) business day period period, Landlord may send Tenant a second request and if Tenant fails to execute and deliver the estoppel certificate within five (5) business days following such second request, then Tenant shall constitute an acknowledgmentbe deemed to conclusively agree with the statements contained in such estoppel certificate that (i) the Lease as the same may have been amended, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect effect; (ii) the Term has commenced and the full amount of the Rent then accruing hereunder; (iii) the dates to which the Rent has been paid; (iv) Tenant has accepted possession of the Premises and that such rents any improvements required by the terms of this Lease to be made by Landlord have been duly and fully completed to the satisfaction of Tenant; (v) the amount, if any, that Tenant has paid to an including the respective Landlord as a Security Deposit; (vi) no Rent under this Lease has been paid more than thirty (30) days in advance of its due dates immediately preceding the date date; (vii) Tenant has no charge, lien, or claim of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of offset under this Section shall constitute waiver by Landlord of any default in payment of rent Lease or otherwise against Rent or other charges existing as of due or to become due hereunder; and (viii) Tenant is not in default under the date of such notice Lease and, unless expressly consented to the knowledge of Tenant, Landlord is not then in writing by Landlord, and Tenant shall still remain liable for default under the sameLease.

Estoppel Certificate. Landlord and Tenant agree that each willshall, without charge, at any time and from time to time, within ten five (105) business days following written notice of Landlord's request or within five (5) business days of the request of any ground lessor, if any, the holder of any indebtedness secured by the other party hereto specifying that it is given pursuant to this SectionLand, the Building, or both, any purchaser of the Land, the Building, or both, or any person designated by Landlord, execute, acknowledge and deliver to such requesting party a written estoppel certificate certifying, as of the party who gave date of such noticeestoppel certificate, the following: (a) whether or its designate, a statement not Tenant is in writing certifying that possession of the Demised Premises; (b) whether or not this Lease is unmodified and in full force and effect (or if there have has been modificationsa modification, that the same Lease is in full force and effect as modified and stating the setting forth such 62 modifications), ; (c) whether or not the Term has commenced and the date to which full rental is now accruing; (d) the annual rent amounts of Monthly Base Rent and Additional Rent currently due and payable by Tenant; (e) whether or not Tenant has accepted possession of the Demised Premises and is currently operating its business therein; (f) whether or not any other payments due hereunder from Tenant improvements required by the Lease have been paid in advance, if any, and stating made by Landlord to the satisfaction of Tenant; (g) whether or not there are then existing any setoffs, charges, liens, claims or defenses or offsets claimed by against the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party is in default in performance enforcement of any covenant agreement right hereunder, including Monthly Base Rent or condition contained in this LeaseAdditional Rent (and, and if so, Specifying each such default specifying the same in detail); (h) that no Monthly Base Rent (except the first installment thereof) has been paid more than thirty (30) days in advance of which the maker may have its due date; (i) that Tenant has no knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations of any then uncured defaults by Landlord of its obligations under this Lease (and the Guarantor of this Leaseor, if this Tenant has such knowledge, specifying the same in detail); (j) that Tenant is not in default; (k) that the address to which notices to Tenant should be sent is as set forth in the Lease be guaranteed(or, if not, specifying the correct address); and (l) as may be any other certifications reasonably requested by any Mortgagee or prospective mortgagee or purchaserLandlord. The failure of either party Any statement delivered pursuant to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which paragraph may be relied on by an owner of the Building, any person holding prospective purchaser of the Building, any ground lessor or proposing to acquire an prospective ground lessor, any mortgagee or prospective mortgagee of the Building, the Land or both or of Landlord's interest in the Building therein, or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date prospective assignee of such notice mortgagee. Tenant hereby agrees and shall constitute, as acknowledges that any statement delivered to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver Tenant by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented pursuant to in writing this Paragraph 30.1 shall be deemed to be true and correct if not returned to Landlord within five (5) business days following its initial receipt by Landlord, and Tenant shall still remain liable for the sameTenant.

Estoppel Certificate. Each of Landlord and Tenant agree that each willshall, at any time and from time to time, within but no more frequently than twice per Lease Year, upon receipt of not less than ten (10) days following Business Days’ prior written notice by request from the other party hereto specifying that it is given pursuant to this Sectionhereto, execute, acknowledge and deliver to furnish an estoppel certificate executed by an appropriate officer with knowledge of the party who gave such notice, or its designate, a statement in writing matters set forth therein (an “Estoppel Certificate”) certifying (i) that this Lease is unmodified and in full force and effect (effect, or if there have been modifications, that the same this Lease is in full force and effect as modified and stating setting forth the modifications), ; (ii) the Rent and Additional Charges payable hereunder and the date dates to which the annual rent Rent and any other payments due hereunder from Tenant Additional Charges payable have been paid paid; (iii) that the address for notices to be sent to the party furnishing such Estoppel Certificate is as set forth in advancethis Lease (or, if anysuch address for notices has changed, and stating the correct address for notices to such party); (iv) whether or not there are defenses not, to its actual knowledge, such party or offsets claimed by the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party hereto is in default in the performance of any covenant covenant, agreement or condition contained in this Lease (together with, back-up calculation and information reasonably necessary to support the determination and calculation of the financial calculations required under this Lease, including, without limitation, the calculation of the Escalation amount and Tenant’s compliance with Section 23.3) and, if so, Specifying specifying each such default of which the maker such party may have knowledge knowledge; (v) that Tenant is in possession of the Leased Property; and if requested(vi) responses to such other questions or statements of fact as such other party, such financial information concerning Tenant and any ground or underlying landlord, any purchaser or any current or prospective Fee Mortgagee or Permitted Leasehold Mortgagee shall reasonably request. Landlord’s or Tenant’s business operations (and the Guarantor of this Lease, if this Lease be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a such statement in accordance with the provisions of this Section within said ten (10) business day period such time shall constitute an acknowledgmentacknowledgement by such failing party that, by the party given to such noticeparty’s knowledge, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that (x) this Lease is unmodified and in full force and effect except as may be represented to the contrary by the other party; (y) the other party is not in default in the performance of any covenant, agreement or condition contained in this Lease; and that (z) the other matters set forth in such rents have been duly request, if any, are true and fully paid correct. Any such certificate furnished pursuant to an including this Article XXIII may be relied upon by the respective due dates immediately preceding receiving party and any current or prospective Fee Mortgagee, Permitted Leasehold Mortgagee, ground or underlying landlord or purchaser of the date of such notice and shall constituteLeased Property. Each Guarantor or Tenant, as to any person entitled as aforesaid to rely upon such statementsthe case may be, waiver shall deliver a written notice within ten (10) Business Days of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as obtaining knowledge of the date occurrence of a default hereunder. Such notice shall include a detailed description of the default and the actions such notice andGuarantor or Tenant has taken or shall take, unless expressly consented if any, to in writing by Landlord, and Tenant shall still remain liable for the sameremedy such default.

Estoppel Certificate. Landlord Lessor and Tenant Lessee agree that each will, at any time and from time to time, within time upon ten (10) days following written days' prior notice by from the other party hereto specifying that it is given pursuant requesting party, to this Section, execute, acknowledge and deliver to the requesting party who gave and to such notice, or its other persons and entities as such requesting party may designate, a statement in writing certifying (i) that this Lease is unmodified and in full force and effect (effect, or if there have been modifications, that the same Lease is in full force and effect as modified and stating the modifications), and (ii) the date to which the annual rent Basic Rent has been paid, (iii) that all Additional Rent that is due and any other payments due hereunder from Tenant have payable on or before such date has been paid in advancefull, if any, and stating whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not (iv) that to the best of knowledge of the signer of such certificate certifying party's knowledge, the other requesting party is not in default in performance of observing, performing or complying with any term, covenant agreement or condition contained in this LeaseLease on such party's part to be observed, performed or complied with or, if the certifying party has knowledge of any such default, specifying each such default, (v) that the certifying party has not made and does not have any claim against the requesting party under this Lease or, if so, Specifying each the nature and the dollar amount, if any, of such default claim, (vi) that there do not exist any offsets, defenses or counterclaims against enforcement of which any of the maker may have knowledge terms, covenants or conditions of this Lease to be observed, performed or complied with on the part of the requesting party, or, if so, specifying the same and if requestedthe dollar amount thereof and (vii) in the case of a request by Lessor, such financial further information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if with respect to this Lease or the Premises as Lessor may reasonably request, it being intended that any such statement delivered pursuant to this SECTION shall be guaranteed) as binding on the certifying party and may be reasonably requested relied upon by the requesting party and any Mortgagee designee of the requesting party, including, without limitation, any prospective purchaser of the Premises, any mortgagee or prospective mortgagee or purchaser. The failure of either party to executethe Premises, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof lessor or prospective lessor under any underlying lease of the Premises or this Lease from any assignee or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver prospective assignee of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent mortgagee or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the samelessor.

Estoppel Certificate. Landlord and Tenant agree that each will, at any time and from time to time, within ten (10) days following written notice by the other party hereto specifying that it is given pursuant to this Section, execute, acknowledge and deliver to the party who gave such notice, or its designate, a statement in writing certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect and stating the modifications), and the date to which the annual rent and any other payments due hereunder from Tenant have been paid in advance, if any, and stating whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party is in default in performance of any covenant agreement or condition contained in this Lease, and if so, Specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and TenantXxxxxx’s business operations (and the Guarantor of this Lease, if this Lease be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Leased Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the same.

Estoppel Certificate. Tenant shall at the request of Landlord and Tenant agree that each will, at any -------------------- time and from time to time, within time upon not less than ten (10) days following days' prior written notice by the other party hereto specifying that it is given pursuant to this Sectionnotice, execute, acknowledge in recordable form, and deliver to Landlord or Landlord's mortgagee, ground lessors, auditors or a prospective purchaser of the party who gave such notice, Building or its designateany part thereof, a statement in writing certifying certificate stating that this Lease is unmodified and in full force and effect effect, (or or, if there have been modificationsmodified, stating the nature of such modification and certifying that the same this Lease, as so modified, is in full force and effect and stating the modificationseffect), and the dates to which the rental and other charges are paid, that Tenant is in possession and paying rent on a current basis with no offsets, defenses or claims, that there are not, to Tenant's knowledge, any uncured defaults on the part of Landlord or of Tenant as is pertinent to the request (or specifying such offsets, claims or defaults, if any are claimed) and such matters as Landlord may reasonably require or that any mortgagee or ground lessor may require. Such certificate may require the date of commencement of rent, the date of commencement of term, expiration date, Base Annual Rent, current Operating Adjustment Rent, and Tax Adjustment Rent, estimates, date to which the annual rent and any other payments due hereunder from Tenant have has been paid in advancepaid, if any, and stating whether or not there are defenses Landlord has completed any improvements required to be made to the Premises and such other matters as may be required. It is expressly understood and agreed that any such statement may be relied upon by any prospective purchaser or offsets claimed by the maker encumbrancer of all or any portion of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party is in default in performance of any covenant agreement or condition contained in this Lease, and if so, Specifying each such default real property of which the maker may have knowledge and if requested, such financial information concerning Premises are a part or purchaser or assignee or lender to Tenant and Tenant’s business operations (and the Guarantor or to auditors of this Lease, if this Lease be guaranteed) as may be reasonably requested either party hereto or by any Mortgagee or prospective mortgagee or purchaserother person to whom it is delivered. The failure of either party to execute, acknowledge and deliver to the other a such statement in accordance with the provisions of this Section within said ten (10) business day period such time shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, conclusive upon Tenant that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constituteeffect, without modification except as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing be represented by Landlord, there are no uncured defaults by or defenses or claims against Landlord and that not more than one (1) month's rental has been paid in advance and Tenant shall still remain liable for the samebe estopped from asserting any defaults, defenses or claims known to it at that time.

Estoppel Certificate. Landlord and Tenant agree that each willEach of the parties hereto agrees, at any time and from time to time, within ten time upon not less than twenty (1020) days following days' prior written notice request by the other party hereto specifying (which request must specify that it response is given pursuant required within twenty (20) days), to this Section, execute, acknowledge and deliver to the party who gave making such noticerequest, or its designateto any other Person specified by the requesting party, a statement in writing certifying that an estoppel certificate stating: (a) whether this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect and stating whether such party has any existing defenses or offsets against the modifications)enforcement of this Lease; (b) whether this Lease has been assigned, modified, supplemented or amended, and, if so, identifying and describing any such assignment, modification, supplement or amendment; (c) the date to which Rent has been paid; (d) whether the annual rent and party to whom the request is directed knows of any other payments due hereunder from Tenant have been paid in advance, if any, and stating whether default or not there are defenses or offsets claimed by failure to perform conditions on the maker part of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party is in default in performance of any covenant agreement or condition contained in this Leasehereunder, and if so, Specifying each such default of which specifying the maker may have knowledge nature thereof; and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of e) that this Lease, if as it may have been modified, supplemented or amended, represents the entire agreement between the parties as to this Lease be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaserleasing. The failure of either party to execute, acknowledge and deliver issue such a certificate to the requesting party or other a statement in accordance with the provisions of this Section specified Person within said ten twenty (1020) business day period shall constitute an acknowledgment, acknowledgment by the party given to whom such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, request is directed that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person Person entitled as aforesaid to rely upon such statementscertificate, a waiver of any defaults which that may exist prior to the date of such notice; provided, however that nothing request. Such certificate shall act as a waiver of any claim by the party furnishing such certificate to the extent such claim is based upon facts which are contrary to those asserted in the certificate but only to the extent the claim is asserted against a bona fide encumbrancer or purchaser for value without knowledge of facts contrary to those contained in the provision of this Section certificate and who has acted in reasonable reliance upon the certificate. Such certificate shall constitute waiver by Landlord of in no event subject the party furnishing it to any default in payment of rent liability whatsoever, notwithstanding the negligent or other charges existing as of the date inadvertent failure of such notice and, unless expressly consented party to in writing by Landlord, and Tenant shall still remain liable for the samedisclose correct or relevant information.

Estoppel Certificate. Landlord and Tenant agree agrees that each will, at any time and from time to timetime upon written request by Landlord or the holder of any Mortgage or any ground lessor, Tenant, or any permitted assignee, subtenant or other occupant of the Premises claiming by, through or under Tenant ("Tenant-successor"), will deliver to Landlord or to the holder of any Mortgage or ground lessor or contract purchaser of an interest in Landlord or in the Building within ten twenty (1020) days following after such written notice by the other party hereto specifying that it is given pursuant to this Section, execute, acknowledge and deliver to the party who gave such notice, request shall have been served upon Tenant or its designateTenant-successor, a statement in writing certifying signed by Tenant or Tenant-successor certifying, (a) that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same Lease, as modified, is in full force and effect and stating identifying the modifications), ; (b) the date upon which Tenant or Tenant-successor began paying Rent and the date dates to which the annual rent Rent and any other payments due hereunder from Tenant charges have been paid paid; (c) the date upon which the Term shall end; (d) that the Landlord is not in advancedefault under any provision of this Lease or, if anyin default, and stating whether or not there are defenses or offsets claimed by the maker of nature thereof in detail; (e) that the certificate and whether or not to the best of knowledge of the signer of such certificate the other party is in default in performance of any covenant agreement or condition contained in this Lease, and if so, Specifying each such default of which the maker may Premises have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if this Lease be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement been completed in accordance with the provisions terms hereof and Tenant or Tenant-successor is in occupancy and paying Rent on a current basis with no rental offsets or claims; (f) that there has been no prepayment of this Section within said ten Rent other than that provided for in the Lease; (10g) business day period shall constitute an acknowledgmentthe amount of any security deposit made by Tenant or Tenant-successor; (h) that there are no actions, whether voluntary or otherwise, pending against Tenant under the bankruptcy laws of the United States or any State thereof; and (i) such other matters as may be required by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and holder of a Mortgage, ground lessor or contract purchaser. In the event Tenant fails to provide such written statement within twenty (20) days after demand in writing, Tenant shall still remain liable for the samebe considered in default under this Lease.

Estoppel Certificate. Landlord and Tenant agree that each will, at At any time and from time to time, within ten time upon not less than fifteen (1015) days following written days' prior notice by the other party hereto specifying that it is given pursuant Landlord or any Superior Lessor or any Superior Mortgagee to this SectionTenant, Tenant shall, without charge, execute, acknowledge and deliver to the party who gave such notice, or its designate, Landlord a statement in writing in recordable form prepared by Landlord addressed to such party as Landlord may designate or in form reasonably satisfactory to Landlord certifying (a) that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as modified and stating the modifications), (b) whether the Tenant has commenced and Fixed Rent and Additional Rent have become payable hereunder and, if so, the date dates to which the annual rent and any other payments due hereunder from Tenant they have been paid in advancepaid, if any, and stating (c) whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not not, to the best of knowledge of the signer of such certificate the other party certificate, Landlord is in default in performance of any covenant agreement or condition contained in of the terms of this LeaseLease and, and if so, Specifying specifying each such default of which the maker signer may have knowledge and knowledge, (d) whether Tenant has accepted possession of the Premises, (e) whether Tenant has made any uncollected claim against Landlord under this Lease and, if requestedso, such financial information concerning Tenant and Tenant’s business operations (the nature thereof and the Guarantor dollar amount, if any, of such claim, (f) whether there exist any offsets or defenses against enforcement of any of the terms of this LeaseLease upon the part of Tenant to be performed and, if this so, specifying the same and (g) such further information with respect to the Lease be guaranteed) or the Premises as Landlord may reasonably request or any Superior Mortgagee or any Superior Lessor may require, it being intended that any such statement delivered pursuant hereto may be reasonably requested relied upon by any Mortgagee prospective purchaser of the Real Property or any part thereof or of the interest of Landlord in any part thereof, by any mortgagee or prospective mortgagee thereof, by any lessor or purchaser. prospective lessor thereof, by any lessee or prospective lessee thereof, or by any prospective assignee of any mortgage or lease thereof The failure of either party Tenant to execute, acknowledge and deliver to the other Landlord a statement in accordance with the provisions of this Section within said ten fifteen (1015) business day period shall constitute an acknowledgment, acknowledgment by the party given such noticeTenant, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person who would be entitled as aforesaid to rely upon any such statementsstatement, waiver of any defaults which may exist prior to the date of that such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver statement as submitted by Landlord of any is true and correct. Notwithstanding such acknowledgment, Tenant shall, at Landlord's option, be in default in payment of rent or other charges existing as of the date of hereunder for its failure to execute such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the samestatement.

Estoppel Certificate. Landlord and Tenant agree that each willagrees, at any time and from time to time, within ten (10) days following written of receipt of notice by the other party hereto specifying that it is given pursuant from Landlord, to this Section, execute, acknowledge and deliver to the party who gave such notice, or its designateLandlord, a statement in writing certifying (i) that this Lease is unmodified and in full force and effect (or or, if there have been modifications, specifying the same; (ii) that Tenant has accepted possession of the same is in full force and effect and stating the modifications)Premises, and that any improvements required by the terms of this Lease to be made by Landlord have been completed to the satisfaction of Tenant or, if not, describing such incomplete improvements; (iii) the date to which the annual rent and any other payments due hereunder from Tenant have under this Lease has been paid in advanceadvance of its due date; (iv) the address to which notices to Tenant should be sent; (v) that Tenant, if anyas of the date of any such certification, and stating has no known charge, lien or claim of setoff under this Lease, or otherwise, against rents or other charges due or to become due hereunder or specifying such claims; (vi) whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not not, to the best of knowledge of the signer of such certificate the other party Tenant's knowledge, Landlord is in default in the performance of any covenant covenant, agreement or condition contained in this LeaseLease and, and if so, Specifying specifying each such default of which the maker Tenant may have knowledge knowledge; and if requested, (vii) any other statement as Landlord may reasonably request. Any such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if this Lease be guaranteed) as statement delivered pursuant to Landlord's request may be reasonably requested relied upon by any Mortgagee owner of the Building, any prospective purchaser of the Building, any mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or of Landlord's interest therein, or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified prospective assignee of any such mortgagee. Tenant hereby constitutes and in full force appoints Landlord as Tenant's attorney-in-fact (and effect and Tenant acknowledges that such rents have been duly and fully paid appointment is a power coupled with an interest) to an including the respective due dates immediately preceding the date execute any such statement for or on behalf of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the sameTenant.

Estoppel Certificate. Landlord and The Tenant agree that each willshall, without charge, at any time -------------------- and from time to time, within ten fifteen (1015) business days following written notice by after receipt of request therefor from the other party hereto specifying that it is given pursuant to this SectionLandlord, execute, acknowledge and deliver to the Landlord, and to such Mortgagee or other party who gave such noticeas may be designated by the Landlord, a written estoppel certificate in form and substance as may be requested from time to time by the Landlord, the other party or any Mortgagee, certifying to the other party, any Mortgagee, any purchaser of Landlord's interest in all or any part of the Property, or its designateany other person or entity designated by the other party, a statement as of the date of such estoppel certificate, the following: (a) whether the Tenant is in writing certifying that possession of the Property; (b) whether this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect and stating the modifications), and the date to which the annual rent and any other payments due hereunder from Tenant have been paid in advance, if any, and stating effect; (c) whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not any amendments to the best of knowledge of the signer of such certificate the other party is in default in performance of any covenant agreement or condition contained in this Lease, and if so, Specifying each specifying such default amendments; (d) whether to Tenant's knowledge there are any then-existing setoffs or defenses against the enforcement of which the maker may have knowledge any rights hereunder, and if requestedso, specifying such financial information concerning Tenant and Tenant’s business operations matters in detail; (e) the dates, if any, to which any rent or other sums due hereunder have been paid in advance and the Guarantor amount of any security deposit held by the Landlord; (f) that the Tenant has no knowledge of any then-existing defaults of the Landlord under this Lease, or if there are such defaults, specifying them in detail; (g) that the Tenant has no knowledge of any event having occurred that authorized the termination of this Lease by the Tenant, or if such event has occurred, specifying it in detail; (h) the address to which notices to the Tenant should be guaranteedsent; and (i) as may be any and all other matters reasonably requested by the Landlord, any Mortgagee and/or any other person or prospective mortgagee entity designated by the Landlord, so long as such certification does not impose any additional obligations on the Tenant or purchaserdecrease the Tenant's use and enjoyment of the Premises. Any such estoppel certificate may be relied upon by the person or entity to whom it is directed or by any other person or entity who could reasonably be expected to rely on it in the normal course of business. The failure of either party the Tenant to execute, acknowledge and deliver to the other such a statement certificate in accordance with the provisions of this Section section within said ten twenty (1020) business day period days after a request therefor by the Landlord shall constitute an acknowledgment, acknowledgment by the party given such noticeTenant, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entity who would be entitled as aforesaid to rely upon any such statementscertificate, waiver of any defaults which may exist prior that such certificate as submitted by the requesting party to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlordparty is true and correct, and Tenant shall still remain liable for the samerequesting party is hereby authorized to so certify.

Estoppel Certificate. Landlord and Tenant agree that each willshall, at any time and from time to time, time and within ten (10) days following written notice after request therefor by or on behalf of the other party hereto specifying that it is given pursuant to this SectionLandlord, execute, acknowledge and deliver to the party who gave such notice, Landlord or its designateAgent a written Estoppel Certificate in recordable form. The Estoppel Certificate shall certify to the Landlord, a statement its Mortgagee or other party designated by the Landlord, as of the date of such Estoppel Certificate that (a) the Tenant is in writing certifying possession of Leased Premises and is currently paying the Base Rent and Additional Rent reserved hereunder; (b) the following Lease dates are and have been established: the Commencement Date and Termination Date of the Lease and the date upon which the Tenant started to pay rent; (c) that this Lease is unmodified and in full force and effect (effect, or if there have been modifications, that the same is are in full force and effect as modified and stating the setting forth such modifications), and the date to which the annual rent and any other payments due hereunder from Tenant have been paid in advance, if any, and stating whether or not ; (d) that there are no existing set-offs or defenses against the enforcement of any rights or offsets claimed by the maker remedies of the certificate and whether Landlord, or not to the best of knowledge any duty or obligation of the signer of such certificate the other party is in default in performance of any covenant agreement or condition contained in this LeaseTenant, hereunder, and if so, Specifying each specify the same in detail; and (e) that the Tenant has no knowledge of any event having occurred that will authorize the termination of this Lease by the Tenant, or that the Tenant has no knowledge of any uncured defaults on the part of the Landlord under this Lease, or if the Tenant has such default of which knowledge, specifying the maker may have knowledge same in detail. In the event that the Tenant does not execute and if requesteddeliver such Estoppel Certificate as required herein, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor then this Article 11, for purposes of this Lease, if this Lease shall be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgmentIrrevocable Power of Attorney, by appointing and designating the party given such noticeLandlord, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified its successors and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constituteassignees, as the Tenant’s attorney-in-fact to any person entitled execute and deliver such Estoppel Certificates as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; herein provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the same.

Estoppel Certificate. Landlord and Tenant agree that each willshall, without charge, at any time and from time to time, within ten (10) 10 business days following written notice after request therefor by the other party hereto specifying that it is given pursuant to this SectionLandlord, execute, acknowledge and deliver to Landlord a written estoppel certificate certifying, as of the party who gave date of such noticeestoppel certificate, or its designate, a statement in writing certifying the following: (i) that this Lease is unmodified and in full force and effect (or if there have been modificationsmodified, that the same this Lease is in full force and effect as modified and stating the setting forth such modifications); (ii) that the Term has commenced (and setting forth the Commencement Date and Expiration Date); (iii) that Tenant is presently occupying the Premises; (iv) the amounts of Basic Rent and Additional Rent currently due and payable by Tenant; (v) that any Tenant Work or Alterations required by this Lease to have been made by Landlord have been made to the satisfaction of Tenant; (vi) that there are no existing set-offs, and charges, liens, claims or defenses against the date enforcement of any right hereunder, including, without limitation, Basic Rent or Additional Rent (or, if alleged, specifying the same in detail); (vii) that no Basic Rent (except the first installment thereof) has been paid more than 30 days in advance of its due date; (viii) that Tenant has no knowledge of any then uncured default by Landlord of its obligations under this Lease (or, if Tenant has such knowledge, specifying the same in detail); (ix) that Tenant is not in default; (x) that the address to which notices to Tenant should be sent is as set forth in this Lease (or, if not, specifying the annual rent correct address); and (xi) any other payments due hereunder from Tenant have been paid in advance, if any, and stating whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party is in default in performance of any covenant agreement or condition contained in this Lease, and if so, Specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if this Lease be guaranteed) as may be certifications reasonably requested by any Mortgagee or prospective mortgagee or purchaserLandlord. The failure of either party In the event Tenant fails to execute, acknowledge and deliver to the other a statement in accordance with the provisions of Landlord an estoppel certificate as required by this Section within said ten (10) business the specified 10 business-day period period, Tenant shall constitute an acknowledgment, by be conclusively presumed to have adopted and affirmed the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as contents of the date form of such notice and, unless expressly consented estoppel certificate delivered to in writing Tenant by Landlord, and Tenant shall still remain liable for any prospective mortgagee, purchaser, or other third-party may rely on the sameaccuracy of such estoppel certificate as if executed and affirmed by Tenant.

Estoppel Certificate. Landlord and Tenant agree that each will, at At any time and from time to time, within upon not less than ten (10) days following written prior notice by Landlord, the other party hereto specifying that it is given pursuant "Superior Lessor," or the "Superior Mortgagee" (as both are herein after defined) to this SectionTenant, Tenant shall comply with, execute, acknowledge and deliver in writing addressed to such party as designated by Landlord or the Superior Lessor or the Superior Mortgagee, as the case may be (hereinafter collectively called the "Requesting Party"), certifying to the party who gave such notice, or its designate, a statement in writing certifying following: (i) that this Lease is unmodified and in full force and effect (effect, or if there have been modifications, that the same Lease is in full force and effect effect, as modified, and stating the modifications); (ii) whether the Term has commenced and Minimum Rent, and Additional Rent have become payable hereunder and, if so, the date dates to which the annual rent and any other payments due hereunder from Tenant they have been paid in advance, if any, and stating paid; (iii) whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party Landlord is in default in performance of any covenant agreement or condition contained in of the terms of this Lease, and if so, Specifying specifying each such default of which the maker sxxxxx may have knowledge; (iv) whether Tenant has accepted possession of the Premises; (v) whether Tenant has made any claim against Landlord under this Lease and, if so, the nature thereof and the dollar amount, if any, of such claim; (vi) whether there are any offsets or defenses existing against enforcement of any of the terms of this Lease upon the part of Tenant to be performed, and, if so, specifying same; (vii) either that Tenant does not know of any default in the performance of any provisions of this Lease or specifying any default of which Tenant may have knowledge and if requestedstating what action is taken or proposes to take with respect thereto; (viii) that, such financial information concerning to the best knowledge of Tenant, there are no proceedings pending or threatened against Tenant and Tenant’s business operations (and the Guarantor of this Leasebefore or by an court or administrative agency which, if adversely decided, would materially and adversely effect the financial condition or operations of Tenant, or, if any such proceedings are pending or threatened to the best knowledge of Tenant, specifying and describing same; and (ix) such further information with respect to the Lease or the Premises as the Requesting Party may reasonably request or require, it being intended that any such statement delivered pursuant to this Lease be guaranteed) as Section 13.01 may be reasonably requested relied upon by any prospective purchaser of the Premises or any part thereof or the interest of Landlord in any part thereof, by any prospective Superior Mortgagee or any prospective mortgagee Superior Lessor, or purchaserby any prospective assignees of such parties. The failure of either party Tenant to execute, acknowledge and deliver to the other provide a complete statement in accordance with the provisions of this Section 13.01 within said the required ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any a default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the samehereunder.

Estoppel Certificate. Landlord and Section 28.01. Tenant agree that each willagrees, at any time time, and from time to time, within ten upon not less than seven (107) days following written prior notice by the other party hereto specifying that it is given pursuant Landlord, to this Section, execute, acknowledge and deliver to the party who gave such notice, or its designateLandlord, a statement in writing addressed to Landlord or Landlord's designee certifying that this Lease is unmodified and in full force and effect (or or, if there have been modifications, that the same is in full force and effect as modified and stating the modifications), and stating the date dates to which the annual Fixed Rent and additional rent and any other payments due hereunder from Tenant have been paid in advance, if any, and stating whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party is in certificate, there exists any default in the performance of any covenant agreement covenant, agreement, term, provision or condition contained in this Lease, and any claim or offset in favor of the Tenant, and, if any, specifying each such default, claim or offset in favor of the Tenant, of which signer may have knowledge, and stating whether or not, to the best knowledge of the signer, any event has occurred which with the giving of notice or the passage of time or both, would constitute such a default and, if so, Specifying specifying each such default event, it being intended that any such statement delivered pursuant hereto shall be deemed a representation and warranty which may be relied upon, regardless of which independent investigation, by Landlord and others with whom Landlord may be dealing including, without limitation, any purchaser or prospective purchaser of the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and Land and/or the Guarantor of this Building and/or Landlord's interest under any Superior Lease, if this Lease be guaranteed) as may be reasonably requested and by any Mortgagee mortgagee or prospective mortgagee or purchaserof any Superior Mortgage and/or Landlord's interest in any Superior Lease, and by any landlord under a Superior Lease. The failure of either party Landlord agrees, upon not less than fifteen (15) days prior written notice by Tenant, to execute, acknowledge and deliver to the other Tenant, a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing writing addressed to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, Tenant certifying that this Lease is unmodified and in full force and effect and that such rents (or, if there have been duly modifications, that the same is in full force and fully effect as modified, and stating the modifications), stating the dates to which Fixed Rent and additional rent have been paid and stating whether or not to an including the respective due dates immediately preceding best knowledge of the date signer of such notice and shall constitutecertificate after due inquiry, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of there exists any default in payment the performance of rent any covenant, agreement, term, provision or other charges existing as condition contained in this Lease, and any claim or offset, and, if any, specifying each such default, claim or offset of which signer may have knowledge, and stating whether or not, to the best knowledge of the date signer, any event has occurred which with the giving of notice or the passage of time, or both, would constitute such notice a default and, unless expressly consented if so, specifying each such event, it being intended that any such statement may be relied upon, regardless of independent investigation, by others with whom Tenant may be dealing including, without limitation, Tenant's lender or any purchaser of Tenant's business. Notwithstanding anything contained herein to in writing by Landlordthe contrary, and Tenant shall still remain liable for only be entitled to such certificate from Landlord in connection with a merger, acquisition or the samesale of all or substantially all of the assets or business of Tenant.

Estoppel Certificate. Landlord and (a) The Tenant agree that each willshall, without charge, at any time and from time to time, within ten fifteen (1015) days following after receipt of a written notice by request therefor from the other party hereto specifying that it is given pursuant to this SectionLandlord, execute, acknowledge and deliver to the Landlord, and to such Mortgagee or other party who gave such noticeas may be designated by the Landlord, a written estoppel certificate in form and substance as may be requested from time to time by the Landlord, the other party or any Mortgagee, certifying to the other party, any Mortgagee, any purchaser of Landlord’s interest in all or any part of the Project, or its designateany other person or entity designated by the other party, a statement as of the date of such estoppel certificate, the following: (a) whether the Tenant is in writing certifying that possession of the Premises; (b) whether this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect and stating the modifications), and the date to which the annual rent and any other payments due hereunder from Tenant have been paid in advance, if any, and stating effect; (c) whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not any amendments to the best of knowledge of the signer of such certificate the other party is in default in performance of any covenant agreement or condition contained in this Lease, and if so, Specifying each specifying such default amendments; (d) whether there are any then-existing setoffs or defenses against the enforcement of which the maker may have knowledge any rights hereunder, and if requestedso, specifying such financial information concerning Tenant and Tenant’s business operations matters in detail; (e) the dates, if any, to which any rent or other sums due hereunder have been paid in advance and the Guarantor amount of any security deposit held by the Landlord; (f) that the Tenant has no knowledge of any then existing defaults of the Landlord under this Lease, or if there are such defaults, specifying them in detail; (g) that the Tenant has no knowledge of any event having occurred that authorized the termination of this Lease by the Tenant, or if such event has occurred, specifying it in detail; (h) the address to which notices to the Tenant should be guaranteedsent; and (i) as may be any and all other matters reasonably requested by the Landlord, any Mortgagee and/or any other person or prospective mortgagee entity designated by the Landlord. Any such estoppel certificate may be relied upon by the person or purchaserentity to whom it is directed or by any other person or entity who could reasonably be expected to rely on it in the normal course of business. The failure of either party the Tenant to execute, acknowledge and deliver to the other such a statement certificate in accordance with this section within fifteen (15) days after a request therefor by the provisions of this Section within said ten (10) business day period Landlord shall constitute an acknowledgment, acknowledgment by the party given such noticeTenant, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entity who would be entitled as aforesaid to rely upon any such statementscertificate, waiver of any defaults which may exist prior that such certificate as submitted by the requesting party to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlordparty is true and correct, and Tenant shall still remain liable for the samerequesting party is hereby authorized to so certify.

Estoppel Certificate. Landlord and Tenant agree that each willagrees, at any time time, and from time to time, within upon not less than ten (10) days following written days’ prior notice by the other party hereto specifying that it is given pursuant Landlord, to this Section, execute, acknowledge execute and deliver to the party who gave such notice, or its designateLandlord, a statement in writing addressed to Landlord or other party designated by Landlord certifying that this Lease is unmodified and in full force and effect (or or, if there have been modifications, that the same is in full force and effect as modified and stating the modifications), stating the actual commencement and expiration dates of the date Lease, stating the dates to which the annual rent and any other payments due hereunder from Tenant have been paid in advancecharges, if any, have been paid, that the Premises have been completed on or before the date of such certificate and that all conditions precedent to the Lease taking effect have been carried out, that Tenant has accepted possession, that the Lease Term has commenced, stating whether or not to Tenant’s actual knowledge, there are defenses or offsets claimed exists any default by either party in the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party is in default in performance of any covenant agreement covenant, agreement, term, provision or condition contained in this Lease, and if so, Specifying specifying each such default of which the maker signer may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Leaseclaims or offsets, if this Lease be guaranteed) as any, claimed by Tenant, and such other matters reasonably required by Landlord or any prospective purchaser, mortgagee or beneficiary of the Building; it being intended that any such statement delivered pursuant hereto may be reasonably requested relied upon by Landlord or a purchaser of Landlord’s interest and by any Mortgagee mortgagee or beneficiary or prospective mortgagee or purchaserbeneficiary of any mortgage or deed of trust affecting the Premises or the Building. The failure of either party If Tenant does not deliver such statement to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section Landlord within said such ten (10) business day period shall constitute an acknowledgmentperiod, by Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in following facts: (i) that the Building or any party thereof or the Premises or terms and provisions of this Lease from or through the other party, have not been changed except as otherwise represented by Landlord; (ii) that this Lease is unmodified and in full force and effect and has not been canceled or terminated except as otherwise represented by Landlord; (iii) that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent not more than one month’s Base Rent or other charges existing as of have been paid in advance; and (iv) that Landlord is not in default under the date Lease. In such event, Tenant shall be estopped from denying the truth of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the samefacts.

Estoppel Certificate. Landlord and The Tenant agree that each willshall, without charge, at any time and from time to time, within ten (10) days following written notice by after receipt of request therefor from the other party hereto specifying that it is given pursuant to this Sectionlandlord, execute, acknowledge and deliver to the Landlord, and to such Mortgagee or other party who gave such noticeas may be designated by the Landlord, a written estoppel certificate in form and substance as may be requested from time to time by the Landlord, the other party or any Mortgagee, certifying to the other party, any Mortgagee, any purchaser of Landlord's interest in all or any part of the Property, or its designateany other person or entity designated by the other party, a statement as of the date of such estoppel certificate, the following: (a) whether the Tenant is in writing certifying that possession of the Property; (b) whether this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect and stating the modifications), and the date to which the annual rent and any other payments due hereunder from Tenant have been paid in advance, if any, and stating effect; (c) whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not any amendments to the best of knowledge of the signer of such certificate the other party is in default in performance of any covenant agreement or condition contained in this Lease, and if so, Specifying each specifying such default amendments; (d) whether there are any then-existing setoffs or defenses against the enforcement of which the maker may have knowledge any rights hereunder, and if requestedso, specifying such financial information concerning Tenant and Tenant’s business operations matters in detail; (e) the dates, if any, to which any rent or other sums due hereunder have been paid in advance and the Guarantor amount of any security deposit held by the Landlord; (f) that the Tenant has no knowledge of any then-existing defaults of the Landlord under this Lease, or if there are such defaults, specifying them in detail; (g) that the Tenant has no knowledge of any event having occurred that authorized the termination of this Lease by the Tenant, or if such event has occurred, specifying it in detail; (h) the address to which notices to the Tenant should be guaranteedsent; and (i) as may be any and all other matters reasonably requested by the Landlord, any Mortgagee and/or any other person or prospective mortgagee entity designed by the Landlord. Any such estoppel certificate may be relied upon by the person or purchaserentity to whom it is directed or by any other person or entity who could reasonably be expected to rely on it in the normal course of business. The failure of either party the Tenant to execute, acknowledge and deliver to the other such a statement certificate in accordance with this section within fifteen (15) days after a request therefor by the provisions of this Section within said ten (10) business day period Landlord shall constitute an acknowledgment, acknowledgment by the party given such noticeTenant, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entity who would be entitled as aforesaid to rely upon any such statementscertificate, waiver of any defaults which may exist prior that such certificate as submitted by the requesting party to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlordparty is true and correct, and Tenant shall still remain liable for the samerequesting party is hereby authorized to so certify.

Estoppel Certificate. Landlord and Tenant agree that each willagrees, at any time anytime, and from time to time, within upon not less than ten (10) days following written days’ prior notice by the other party hereto specifying that it is given pursuant Landlord, to this Section, execute, acknowledge and deliver to the party who gave such notice, or its designateLandlord, a statement in writing in a form acceptable to Landlord addressed to Landlord or such other party designated by Landlord certifying that this Lease is unmodified and in full force and effect without modification (or or, if there have been modifications, that the same is in full force and effect as modified and stating the modifications), stating the actual commencement and expiration dates of the date lease, the dates to which the annual rent rent, and any other payments due hereunder from Tenant have been paid in advancecharges, if any, have been paid, that the Premises have been completed on or before the date of such certification, that all conditions precedent to the lease taking effect have been carried out, that Tenant has accepted possession, that the lease term has commenced, that Tenant is occupying the Premises and is open for business, and stating whether or not there are defenses or offsets claimed exists any default by either party in the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party is in default in performance of any covenant agreement covenant, agreement, term, provision or condition contained in this Lease, and and, if so, Specifying specifying each such default of which the maker signer may have knowledge and the claims or offsets, if requestedany, claimed by Tenant; it being intended that any such financial information concerning statement delivered pursuant hereto may be relied upon by Landlord or a purchaser of Landlord’s interest and by any mortgagee or prospective mortgagee of any mortgage affecting the Premises or the Shopping Center. If Tenant does not deliver such statement to Landlord within such ten (10) days period, Landlord and any prospective purchaser or encumbrancer may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been canceled or terminated except as otherwise represented by Landlord; (iii) that not more than one (1) month’s minimum rent or other charges have been paid in advance; and (iv) that Landlord is not in default under the Lease. In such event, Tenant shall be estopped from denying the truth of such facts. Tenant shall also, on ten (10) days’ written notice, provide an agreement in favor of and in the form customarily used by such encumbrance holder, by the terms of which Tenant will agree to give prompt written notice to any such encumbrance holder in the event of any casualty damage to the Premises or in the event of any default on the part of Landlord under this Lease, and will agree to allow such encumbrance holder a reasonable length of time after notice to cure or cause the curing of such default before exercising Tenant’s business operations (and the Guarantor right of self‑help under this Lease, if any, or terminating or declaring a default under this Lease be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the sameLease.