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 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 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 will, (a) Either Lessor or Lessee shall at any time and from time to time, within ten upon not less than fifteen (1015) days following days’ prior written notice by from the other party hereto specifying that it is given pursuant to this Section, execute, acknowledge and deliver to the requesting party who gave such notice, or its designate, a statement in writing certifying (i) certifying, if true, 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, if true, that the same this Lease, as so modified, is in full force and effect and stating the modifications), effect) and the date to which the annual rent and other charges are paid in advance, if any, and (ii) acknowledging, if true, that there are not, to Lessee’s (or Lessor’s, as relevant) knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if any are claimed and (iii) certifying or acknowledging, if true, such other payments due hereunder from Tenant have matters as are reasonably requested by any prospective lender or buyer which are reasonably related to the loan or sale transaction. Any such statement may be conclusively relied upon by any prospective purchaser or encumbrancer of the Premises. (b) Lessee’s failure to deliver such statement within such time shall be conclusive upon Lessee (i) that this Lease is in full force and effect, without modification except as may be represented by Lessor, (ii) that there are no uncured defaults in Lessor’s performance, and (iii) that not more than one 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 actual knowledge of the signer of such certificate the other party Lessee 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 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 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 statement delivered pursuant to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (1015.01(b) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on upon by any person holding or proposing to acquire an prospective assignee of Lessee’s interest in the Building this Lease or any party thereof lender or the Premises prospective lender (or this Lease from investor) 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 purchaser of any defaults which may exist prior interest in Lessee or its assets. Any failure of Lessee to deliver an estoppel certificate as provided herein shall, at the date option of such notice; providedLessor, however that nothing contained in be an event of default hereunder by Lessee without the provision of this Section shall constitute waiver by Landlord requirement of any default notice or grace period, except as is provided for in payment of rent or other charges existing as of the date of such notice andSection 12.01(c) above. In addition, unless expressly consented to in writing by LandlordLessor may charge Lessee, and Tenant Lessee shall still remain liable pay to Lessor, a fee equal to Five Hundred Dollars ($500) per day for the sameeach day Lessee is late in delivering such estoppel certificate.

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 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 mortgagee, 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 unconditionally 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 mortgagee 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 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(1) At any time, at any time and from time to time, within ten Borrower agrees, promptly and in no event later than fifteen (1015) days following after a written notice by the other party hereto specifying that it is given pursuant to this Sectionrequest from Lender, 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 Lender a certificate in the form supplied by Lender, certifying: (a) the date to which principal and interest have been paid under the Note and the amount thereof then payable; (b) that no written notice has been received by Borrower of any default under this Agreement or any of the other Loan Documents which has not been cured, except as to defaults specified in the certificate; (c) the capacity of the person executing such certificate, and that such person is duly authorized to execute the same on behalf of Borrower; (d) that Lender does not have actual involvement in the management or control of decision making related to the operational aspects or the day-to-day operations of the Premises; and (e) any other information reasonably requested by Lender in connection with this Agreement and the other Loan Documents. If Borrower shall fail or refuse to sign a statement certificate in accordance with the provisions of this Section within said ten fifteen (1015) business day period shall constitute an acknowledgmentdays following a request by Lender, by Borrower irrevocably constitutes and appoints Lender 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 and is irrevocable and binding. (2) At any time, and from time to time, Lender, agrees, promptly and in no event later than fifteen (15) days' after a request from Borrower, to execute, acknowledge and deliver to Borrower a certificate in the Building form supplied by Borrower, certifying: (a) to Lender's knowledge, whether there are then any existing defaults by Borrower in the performance of its obligations under this Agreement or any party thereof of the other Loan Documents, and, if there are any such defaults, specifying the nature and extent thereof; (b) that no notice has been delivered by Lender to Borrower of any default under this Agreement or the Premises or this Lease from or through other Loan Document which has not been cured, except as to defaults specified in the other partycertificate; (c) the date to which the principal and interest have been paid under the Notes and the amount thereof then payable; (d) the capacity of the person executing such certificate, that this Lease is unmodified and in full force and effect and that such rents have been person is duly authorized to execute the same on behalf of Lender; and fully paid to an including (e) any other information reasonably requested by Borrower in connection with this Agreement and 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 sameLoan Documents.

Estoppel Certificate. Landlord and Section 26.01. 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 from Landlord, to this Section, execute, acknowledge and deliver to the party who gave such notice, or its designate, Landlord a statement in writing addressed to 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), and stating the date dates to which the annual rent Fixed Rent, additional rental and any other payments due hereunder from Tenant charges have 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 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 Tenant, and, if soany, Specifying specifying each such default default, claim or offset in favor of Tenant, and, if any, specifying each such default, claim or offset 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 this Lease, if this Lease be guaranteed) as statement delivered pursuant hereto may be reasonably requested relied upon by Landlord and by any Mortgagee purchaser or prospective purchaser of the Building and/or the Land and by any mortgagee or prospective mortgagee of any mortgage affecting the Building and/or the Land, and by any landlord under a ground or purchaserunderlying lease affecting the Land or the Building. Section 26.02. The failure of either party Landlord agrees, at any time, and from time to time, upon not less than ten (10) days prior notice from 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 paid effect as modified and stating the modifications), stating the dates to an including which the respective due dates immediately preceding Fixed Rent, additional rent and other charges have been paid, and stating whether or not, to the date best knowledge of the signer of such notice certificate for and shall constituteon behalf of Landlord, 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 of the date of such notice condition contained in this Lease and, unless expressly consented to in writing by Landlordif any, and Tenant shall still remain liable for the samespecifying each such default of which such signer may have knowledge.

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 willA. At any time, at any time but not more often than twice every 12 months, and from time to time, within ten (10) Lessee shall, promptly and in no event later than 10 days following written notice by the other party hereto specifying that it is given pursuant to this Sectionafter a request from Lessor or Lender, execute, acknowledge and deliver to Lessor or Lender a certificate in the party who gave such noticeform supplied by Lessor, Lender or its designateany present or proposed mortgagee or purchaser designated by Lessor, a statement in writing certifying certifying: (i) that Lessee has accepted the Properties (or, if Lessee has not done so, that Lessee has not accepted the Properties, and specifying the reasons therefor); (ii) 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; (iii) the commencement and expiration dates of the Lease Term, including the terms of any extension options of Lessee; (iv) 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; (v) 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; (vi) 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; (vii) 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; (viii) that neither Lessor nor Lender has actual involvement in the management or control of decision making related to the operational aspects or the day-to-day operations of the Properties; and (ix) any other information reasonably requested by any Mortgagee Lessor, Lender or prospective such present or proposed mortgagee or purchaser. The failure of either party . B. If Lessee shall fail or 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 acknowledgment10 days following a written 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 noticebinding; provided, however however, that nothing contained in the provision Lessor's execution and delivery of this Section such certificate on behalf of Lessee shall constitute waiver by Landlord of not cure any default in payment arising by reason of rent or other charges existing as of the date of Lessee's failure to execute and deliver 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(a) At any time, at any time but not more often than twice every 12 months, and from time to time, within ten (10) Lessee shall, promptly and in no event later than 10 days following written notice by the other party hereto specifying that it is given pursuant to this Sectionafter a request from Lessor or Lender, execute, acknowledge and deliver to Lessor or Lender a certificate in the party who gave such noticeform supplied by Lessor, Lender or its designateany present or proposed mortgagee or purchaser designated by Lessor, a statement in writing certifying certifying: (i) that Lessee has accepted the Property (or, if Lessee has not done so, that Lessee has not accepted the Property, and specifying the reasons therefor); (ii) 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; (iii) the commencement and expiration dates of the Lease Term, including the terms of any extension options of Lessee; (iv) 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; (v) 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; (vi) 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; (vii) 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; (viii) that neither Lessor nor Lender has actual involvement in the management or control of decision making related to the operational aspects or the day-to-day operations of the Property; and (ix) any other information reasonably requested by any Mortgagee Lessor, Lender or prospective such present or proposed mortgagee or purchaser. The failure of either party . (b) If Lessee shall fail or 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 acknowledgment10 days following a written 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 noticebinding; provided, however however, that nothing contained in the provision Lessor's execution and delivery of this Section such certificate on behalf of Lessee shall constitute waiver by Landlord of not cure any default in payment arising by reason of rent or other charges existing as of the date of Lessee's failure to execute and deliver 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 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 T▇▇▇▇▇’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 L▇▇▇▇▇▇▇’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 T▇▇▇▇▇’s attorney-in-fact to execute and deliver any such instrument or instruments in Tenant’s name.

Estoppel Certificate. Landlord and (a) Tenant agree that each willshall, without charge, at any time and from time to time, within ten twenty (1020) days following after request by Landlord or Landlord’s mortgagee, certify by written notice instrument, duly executed, acknowledged and delivered, addressed to Landlord or any party designated by the other party hereto specifying Landlord, 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 (i) this Lease is unmodified and in full force and effect (or if there shall have been modifications, 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 charges have been paid in advancepaid, if any(ii) the date of expiration of the Term, and stating (iii) the Rent then payable under this Lease, (iv) 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 officer executing such certificate the other party on behalf of Tenant, Landlord is in default in 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 person executing such certificate may have knowledge knowledge, and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if this Lease be guaranteedv) as may be any other matter reasonably requested by Landlord. (b) Landlord shall, without charge, at any Mortgagee time and from time to time, within twenty (20) days after request by Tenant or prospective mortgagee or purchaser. The failure of either party Tenant’s mortgagee, certify by written instrument, duly executed, acknowledged and delivered, addressed 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 Tenant or any party thereof or the Premises or this Lease from or through the other partydesignated by Tenant, that (i) this Lease is unmodified and in full force and effect and that such rents (or if there shall have been duly modifications that the same is in full force and fully paid effect as modified and stating the modifications) and the dates to an including which the respective due dates immediately preceding rent and other charges have been paid, (ii) the date of expiration of the Term, (iii) the Rent then payable under this Lease, (iv) whether or not, to the best knowledge of the officer executing such notice and shall constitutecertificate on behalf of Landlord, as to any person entitled as aforesaid to rely upon such statements, waiver Tenant is in default in performance of any defaults which may exist prior to the date of such notice; providedcovenant, however that nothing agreement or condition 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 Lease and, unless expressly consented to in writing by Landlordif so, specifying each such default of which the person executing such certificate may have knowledge, and Tenant shall still remain liable for the same(v) any other matter reasonably requested by Tenant.

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 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 ▇▇▇▇▇▇ 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 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 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 ▇▇▇▇▇▇ fails to execute and deliver such estoppel certificate. Such fee shall be in addition to ▇▇▇▇▇▇▇▇’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 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 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 Subject to payment of fees required under Section 15.10, County and Tenant agree that each willLessee shall, at any time and from time to time, within ten business (10) business days following written notice by after request from the other party hereto specifying that it is given pursuant to this Sectionor from any Leasehold Mortgagee, executeinvestor, acknowledge Space Lessee, or a holder or prospective holder of a Fee Mortgage or a purchaser or prospective purchaser of the fee interest in the Premises, execute and deliver to each other, to the applicable Leasehold Mortgagee or a holder or prospective holder of a Fee Mortgage or a purchaser or prospective purchaser of the fee interest in the Premises or to any person whom the requesting party who gave such notice, or its may designate, a statement in writing certifying an estoppel certificate consisting of statements, if true, that (a) 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 effect, with payment of rent and stating the modifications), and other charges hereunder being current through 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 (or stating the date through which rent and whether all other applicable charges hereunder have been paid); (b) this Lease has not been modified or not amended (or setting forth all modifications and amendments); (c) to the best of such party’s knowledge of the signer and belief (based solely upon such party’s customary internal investigation undertaken with respect to similar requests, and without waiving any such default should it learn, subsequent to execution of such certificate statement, that the other party was then in default), the other party is not then in default in performance of beyond any covenant agreement applicable notice, cure or condition contained in grace period under this Lease; and (d) to the best of such party’s knowledge and belief (based solely upon such party’s customary internal investigation undertaken with respect to similar requests, and if so, Specifying each without waiving any such default should it learn, subsequent to execution of which such statement, that the maker may have knowledge and if requestedother party was then in default), such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Leaseother factual statements as County, if this Lease be guaranteed) as Lessee, Leasehold Mortgagee, prospective lender to either County or Lessee, Space Lessee, investor or purchaser from either County or Lessee, 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 samerequest.

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 T▇▇▇▇▇ fails to execute and deliver such estoppel certificate. Such fee shall be in addition to L▇▇▇▇▇▇▇’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 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 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 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 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. Each of 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 from 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 Requesting 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, 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 or of any interest in Tenant, 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 the essence in respect of any such requested certificate, each party hereby acknowledging the importance of such certificates in mortgage financing arrangements, prospective sale and the like. If either party of Landlord or 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 the requesting party shall constitute an acknowledgmentbe entitled to send the other party a second notice requesting such execution and delivery of such estoppel certificate (“Second Notice”), by and if the other party given fails to execute and deliver such noticeestoppel certificate within three (3) days after the Second Notice, which may then such failure shall be relied on by any person holding or proposing deemed to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through be a default of 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 ’s obligations under the respective due dates immediately preceding the date Lease. The provisions of such notice and Section 26(d) shall constitute, as not apply to any person entitled as aforesaid default pursuant 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 same17.5.

Estoppel Certificate. Landlord and (a) Within 10 Business Days following request from Landlord, any Superior Mortgagee or any Superior Lessor, 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 shall deliver to the party who gave such notice, or its designate, Landlord a statement executed and acknowledged by Tenant, in writing certifying form reasonably satisfactory to Landlord, (i) stating the Commencement Date, the Rent Commencement Date and the Expiration Date, and that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is then in full force and effect and stating the has not been modified (or if modified, setting forth all modifications), and (ii) setting forth the date to which the annual rent Fixed Rent and any other payments due hereunder from Tenant Additional Rent have been paid paid, together with the amount of monthly Fixed Rent, Tax Payment and Operating Payment then payable, (iii) stating whether or not, to the best of Tenant’s knowledge, Landlord is in advancedefault under this Lease, and, if Tenant asserts that Landlord is in default, setting forth the specific nature of any such defaults, (iv) stating whether Landlord has failed to complete any work required to be performed by Landlord under this Lease, (v) stating whether there are any sums payable to Tenant by Landlord under this Lease, (vi) stating the amount of the security deposit, 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 under this Lease, (vii) stating whether there are any subleases affecting the Premises, (viii) stating the address of Tenant to which all notices 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 communications under this Lease shall be guaranteedsent, and (ix) as may be responding to any other matters reasonably requested by any Landlord, such Superior Mortgagee or prospective mortgagee or purchasersuch Superior Lessor. The failure of either party Tenant acknowledges that 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 (106.02(a) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on upon by any person holding purchaser or proposing to acquire an owner of the Land or the Building, or all or any portion of Landlord’s interest in the Land or the Building or under any party thereof Superior Lease, or the Premises by any Superior Mortgagee or this Lease from assignee thereof, 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 by 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 Superior Lessor 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 sameassignee thereof.

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 mortgagee, 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 unconditionally accepted the same; (ii) 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 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; and (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 mortgagee may request to 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 executeyear, acknowledge and provided Tenant is not then in default hereunder, 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 rentals due hereunder are current; 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(iv) that, 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 Each party hereto agrees that each will, at any time and from time to timetime during the term of this Lease, within it will promptly, but in no event later than ten (10) days following written notice after request by the other party hereto specifying that it is given pursuant to this Sectionhereto, execute, acknowledge and deliver to such other party a certificate stating, to the party who gave best of such noticeparty's knowledge, (a) 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 this Lease is in full force and effect as modified, and stating the setting forth any modifications), and ; (b) the date to which Basic Rent, Additional Rent and other sums payable hereunder have been paid; (c) whether or not there is an existing default by Lessee in the annual rent and payment of Basic Rent or any other payments due hereunder from Tenant have sum required to be paid hereunder, and whether or not there is any other existing default by Lessee with respect to which a notice of default has been paid in advanceserved or of which the signer has Actual Knowledge, and, if anythere is any such default, specifying the nature and stating extent thereof, (d) whether or not there are any existing setoffs, defenses or offsets claimed by the maker counterclaims against enforcement of the certificate obligations to be performed hereunder existing in favor of the party executing such certificate; (e) stating that Lessee is in possession of the Demised Premises or setting forth the parties in possession and whether or not identifying the instruments pursuant to which they took possession; and (f) stating such other information with respect 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 Demised Premises and/or this Lease be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaserrequested. 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 Lessor and the Mortgagee and by any person holding or proposing to acquire an interest in potential purchaser from the Building or any party thereof Lessor 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 sameMortgagee.

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 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 C 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 if there have ii) whether all Additional Rent has been modifications, that the same is in full force and effect and stating the modifications), paid and the date dates to which the annual rent and any other payments due hereunder from Tenant have it has 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 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 made any claim against Landlord under this Lease and, if so, the nature thereof and the dollar amount, if any, of such claim, (v) 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 (vi) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver such further information with respect to the other a Lease or the Premises as Landlord may reasonably request. Any such statement in accordance with the provisions of delivered pursuant to this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which subsection 6.1.11 may be relied on upon by any person holding prospective purchaser or proposing mortgagee of the Property, or any prospective assignee of such mortgage. If Tenant fails to acquire deliver the estoppel certificate within the required time period, and such failure continues for an interest 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 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 willA. At any time, at any time and from time to time, within ten Tenant shall, promptly and in no event later than fifteen (1015) days following written notice by the other party hereto specifying that it is given pursuant to this Sectionafter a request from Landlord, execute, acknowledge and deliver to Landlord a certificate in the party who gave form attached hereto as Exhibit “D” or such notice, or its designate, a statement in writing certifying other form as may be supplied by Landlord certifying: (i) that Tenant has accepted the Premises; (ii) 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); (iii) the commencement and expiration dates of the Term, and including the terms of any extension options of Tenant; (iv) 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; (v) 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; (vi) that Tenant is not in default under this Lease be guaranteedbeyond any grace or cure periods, except as to defaults specified in the certificate; (vii) 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; (viii) that Landlord has no actual involvement in the management or control of decision making related to the operational aspects or the day-to-day operations of the Premises; and (ix) any other information reasonably requested by Landlord. B. At any Mortgagee or prospective mortgagee or purchaser. The failure of either party time, and from time to executetime, acknowledge and deliver Tenant shall, at Landlord’s request, use commercially reasonable efforts to the other obtain estoppel certificates, in a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, form requested by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building Landlord or any party thereof or the Premises or this Lease Landlord Mortgagee, from or through the other partyany applicable counterparties under any applicable declarations, that this Lease is unmodified covenants, conditions 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 constituterestrictions, 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 reciprocal easement agreements 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 sameencumbrances.

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 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. Within ten (10) business days of a written -------------------- request from Landlord, Tenant shall execute estoppel certificates addressed to (i) any mortgagee or prospective mortgagee of Landlord or, (ii) any purchaser or prospective purchaser of all or any portion of, or interest in, the Project, on a form specified by Landlord, certifying as to such facts (if true) and agreeing to such notice provisions and other matters as such mortgagee(s) or purchaser(s) may reasonably require; provided, however, that in no event shall any such estoppel certificate require an amendment of the provisions hereof, although Tenant agree shall be bound by the statements made in such certificate. In the event that each will, at any time and from time Tenant fails or refuses to time, deliver such an estoppel certificate to Landlord within ten (10) days following of a written request from Landlord, then Landlord may give to Tenant a second notice, reiterating the request that Tenant execute an estoppel certificate in the form specified by Landlord and stating that, if Tenant fails to do so within five (5) days of the receipt by Tenant of such second notice from Landlord, Tenant shall be deemed to be bound by the other party hereto specifying statements set forth in the form of certificate which Landlord requested that it is given pursuant Tenant deliver. In the event that Tenant fails to this Section, execute, acknowledge and deliver to an estoppel certificate in 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 form specified by Landlord within five (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 5) days of the certificate and whether or not receipt by Tenant of such second notice from Landlord, Tenant shall conclusively be deemed, without exception, to have acknowledged the best of knowledge correctness 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 statements set forth in the Building or any party thereof or the Premises or this Lease from or through the other party, form of certificate which Landlord requested 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 LandlordTenant deliver, and Tenant shall still remain liable be estopped from denying the correctness of each such statement, such that a mortgage or purchaser may rely on the correctness of the statements in such form of certificate, as if made and certified by Tenant. A failure by Tenant to deliver an estoppel certificate in the form specified by Landlord within fifteen (15) business days of the receipt by Tenant of an initial request from Landlord for the samesuch certificate shall also constitute a material breach of this Lease by Tenant.

Estoppel Certificate. Landlord and 33.1 Tenant agree that each willshall, at any time and from time to time, within ten as requested by Landlord, upon fifteen (1015) days following written notice by the other party hereto specifying that it is given pursuant to this Sectiondays’ prior notice, execute, acknowledge execute 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, the Minimum Rent and Additional Rent and 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 Minimum Rent and any other payments due hereunder from Tenant Additional Rent have been paid in advancepaid, 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 or condition contained in of its obligations under this Lease, and and, if so, Specifying specifying each such default of which the maker Tenant may have knowledge knowledge, and if requested, such financial information concerning Tenant and Tenant’s business operations (and whether there exist any offsets or defenses against enforcement of any of the Guarantor terms of this LeaseLease upon the part of Tenant to be performed, and, if this Lease be guaranteed) as so, specifying the same, and any other information Landlord may reasonably request, it being intended that any such statement delivered pursuant hereto may be relied upon by others with whom Landlord may be dealing. 33.2 Landlord shall, at any time and from time to time, as reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to executeTenant, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said upon ten (10) business day period shall constitute an acknowledgment, by the party given such days’ prior notice, which may be relied on by any person holding or proposing execute and deliver to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, Tenant a statement 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 as modified and fully paid stating the modifications), the dates to an including which the respective due dates immediately preceding Minimum Rent and Additional Rent have been paid, the date amount 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 Tenant’s security deposit then being held by Landlord, and whether or not, to the best knowledge of Landlord, Tenant shall still remain liable for the sameis in default in performance of any of its obligations under this Lease, and, if so, specifying each such default of which Landlord may have knowledge.

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 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 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 willA. At any time, at any time and from time to time, within ten Lessee shall, promptly and in no event later than fifteen (1015) days following written notice by the other party hereto specifying that it is given pursuant to this Sectionafter a request from Lessor or Lender, execute, acknowledge and deliver to Lessor or Lender a certificate in the party who gave such noticeform supplied by Lessor, Lender or its designateany present or proposed mortgagee or purchaser designated by Lessor, a statement in writing certifying certifying: (i) that Lessee has accepted the Properties and Equipment (or, if Lessee has not done so, that Lessee has not accepted the Properties, and specifying the reasons therefor); (ii) 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; (iii) the commencement and expiration dates of the Lease Term, including the terms of any extension options of Lessee; (iv) 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; (v) 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; (vi) 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; (vii) 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; (viii) that neither Lessor nor Lender has actual involvement in the management or control of decision making related to the operational aspects or the day-to-day operations of the Properties, including the USTs or the handling or disposal of Hazardous Materials; and (ix) any other information reasonably requested by any Mortgagee Lessor, Lender or prospective such present or proposed mortgagee or purchaser. The failure of either party . B. If Lessee shall fail or refuse to execute, acknowledge and deliver to the other sign a statement certificate in accordance with the provisions of this Section within said ten fifteen (1015) 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 certificate to any third party given requesting such noticecertificate, 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 noticebinding; provided, however however, that nothing contained in the provision Lessor's execution and delivery of this Section such certificate on behalf of Lessee shall constitute waiver by Landlord of not cure any default in payment arising by reason of rent or other charges existing as of the date of Lessee's failure to execute and deliver 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 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 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 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 At any time during the period beginning with the execution of this Lease and from time to timeending with the termination of this Lease, Tenant shall, within ten (10) days following written notice of the 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 noticeLandlord, any Mortgagee, prospective Mortgagee, Lessor, or its designateany prospective purchaser or transferee of the Property, the Building, or both (as designated by Landlord), or any mortgagee or prospective mortgagee of such prospective purchaser or transferee, an estoppel certificate in recordable form, or in such other form as Landlord may from time to time require, on a statement in writing certifying that form prepared by the requesting party evidencing (a) whether or 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 effect; (b) whether or not this Lease has been amended in any way (and stating indicating any such amendments); (c) whether or not Tenant has accepted and is occupying 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 Premises; (d) whether or not there are any existing defaults on the part of Landlord hereunder or defenses or offsets claimed by against the maker enforcement of the certificate and whether or not this Lease to the best of knowledge of Tenant (specifying the signer nature of such certificate defaults, defenses or offsets, if any); (e) the date to which Rent and other party is in default in performance amounts due hereunder, if any, have been paid; (f) the specific dates of any covenant agreement or condition milestone dates contained in this the Lease, ; and if so, Specifying each (g) any such default of which the maker may have knowledge and if requested, such financial 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 purchaserLandlord. 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 Paragraph may be relied on by Landlord, any person holding prospective purchaser or proposing to acquire an transferee of Landlord's interest in the Building hereunder, or any party thereof Mortgagee or the Premises prospective Mortgagee, 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 willshall, without charge, at any time and from time to time, within ten (10) business days following written notice of Landlord's request or within ten (10) 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 to the extent that they are true: (a) whether or not Tenant is in possession of the Demised Premises; (b) whether or not this Lease is unmodified and in full force and effect (or if there has been a modification, that the Lease is in full force and effect as modified and setting forth such modifications); (c) that the Term has commenced and the full rental is now accruing; (d) the 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 improvements required by the Lease have been made by Landlord to the satisfaction of Tenant; (g) whether or not there are then existing any setoffs, charges, liens, claims or defenses against the enforcement of any right hereunder, including Monthly Base Rent or Additional Rent (and, if so, specifying the same in detail); (h) that no Monthly Base Rent (except the first installment thereof) had been paid more than thirty (30) days in advance of its due date; (i) that Tenant has no knowledge of any then uncured defaults by Landlord of its obligations under this Lease (or, if 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 (or, if not, specifying the correct address); and (l) any other certifications requested by Landlord. Any statement delivered pursuant to this paragraph may be relied on by an owner of the Building, any prospective purchaser of the Building, any ground lessor or prospective ground lessor, any mortgagee or prospective mortgagee of the Building, the Land or both or of Landlord's interest therein, or its designateany prospective assignee of such mortgagee. Landlord shall, without charge, within thirty (30) days after receipt of any request therefor from Tenant, execute and deliver to Tenant a statement in writing certifying that certificate stating to Landlord's knowledge and to the extent accurate: (i) whether this Lease is unmodified and in full force and effect (or if there have been modifications, that the same this Lease is in full force and effect and stating the setting forth all such modifications); (ii) whether there then exist any defenses against the enforcement of any right of Tenant hereunder (and, and if so, specifying the date same in detail); (iii) the dates to which the annual rent Rent and any other payments due charges hereunder from Tenant have been paid in advanceby Tenant; (iv) whether Landlord has knowledge of any then uncured defaults under this Lease (or, if anyLandlord has knowledge of any such defaults, specifying the same in detail); (v) whether Landlord has knowledge of any event that will or may result in the termination of this Lease (or if Landlord has such knowledge, specifying the same in detail); and stating whether or not there (vi) the address to which notices to Landlord are defenses or offsets claimed by the maker to be sent; provided, however, that in no event may Tenant request that Landlord provide such a certificate more than once in any twelve (12) month period 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 Term of this Lease, if this Lease be guaranteed) as may be reasonably requested unless Tenant's request therefor is required by any Mortgagee proposed transfer or prospective mortgagee or purchaser. The failure sale 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 Tenant's ownership interests or the Premises or this Lease from or through financing of Tenant's equipment located within 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 sameDemised Premises.

Estoppel Certificate. Landlord and (a) At the request of Tenant agree that each willor 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, shall execute, acknowledge and deliver an estoppel certificate (“Estoppel Certificate”), in recordable form, in favor of the requesting party and, if applicable, such requesting party’s lender, mortgagee or purchaser, as the case may be, pertaining to matters reasonably and customarily requested in such certificates, including, but not limited to, the party who gave such notice, or its designate, a statement in writing certifying following: (i) that this Lease Agreement is unmodified and in full force and effect (effect, or if there have been modifications, modifications that the same is in full force and effect as modified and stating the modifications), and ; (ii) the date to which the annual rent Rent and any other payments due hereunder from Tenant charges have been paid paid; (iii) that the requesting party is not in advancedefault nor is there any fact or condition which, with notice or lapse of time, or both, would constitute a default, if anythat be the case, or specifying any existing default; (iv) if applicable, that the Tenant has accepted and stating whether occupies such Leased Property; (v) if applicable, that Tenant has no defenses, set-off’s, deductions, credits, 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 Leasecounterclaims against Landlord, if this Lease that be guaranteedthe case, or specifying such that exist; (vi) if applicable, that the Landlord has no outstanding construction or repair obligations; and (vii) such other information as may be reasonably requested by requested. Neither party will be required to execute an Estoppel Certificate that materially amends or materially modifies the terms of this Lease Agreement. (b) Any purchaser, lender or mortgagee may rely on the Estoppel Certificate. (c) If Tenant fails to deliver an Estoppel Certificate to Landlord within ten (10) days after the request of the Landlord, then Tenant shall be deemed to have certified that the facts set forth in the certificate are true and correct. Further, if Tenant fails or refuses to execute, acknowledge, and deliver any Mortgagee or prospective mortgagee or purchaser. The failure such document within twenty (20) days after written demand, and Landlord is not in breach of either party to this Lease Agreement, Landlord may execute, acknowledge and deliver any such document on behalf of Tenant as Tenant’s attorney-in-fact, Tenant hereby constitutes and irrevocably appoints Landlord, Landlord’s Designee and each of their respective successors and assigns, as Tenant’s attorney-in-fact to execute, acknowledge, and deliver on behalf of Tenant any documents described in this Section. This power of attorney is coupled with an interest and is irrevocable. (d) If Landlord fails to deliver the other a statement in accordance with the provisions of this Section estoppel certificates to Tenant within said ten (10) business day period days after the request of the Tenant, then Landlord shall constitute an acknowledgment, by be deemed to have certified that the party given such notice, which may be relied on by any person holding or proposing to acquire an interest facts set forth in the Building certificate are true and correct. Further, if Landlord fails or refuses to execute, acknowledge, and deliver 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 Landlorddocument within twenty (20) days after written demand, and Tenant shall still remain liable is not in breach of this Lease Agreement, Tenant may execute, acknowledge and deliver any such document on behalf of Landlord as Landlord’s attorney-in-fact. Landlord hereby constitutes and irrevocably appoints Tenant as Landlord’s attorney-in-fact solely for the samelimited and exclusive purpose to execute, acknowledge, and deliver on behalf of Landlord the estoppel certificate described in this Section 15.04. This power of attorney is coupled with an interest and is irrevocable.

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 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 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, at At any time and from time to time, within ten (10) calendar days following of written notice request by the other party hereto specifying that it is given pursuant to this SectionLandlord or any Senior Holder, Tenant shall execute, enseal, acknowledge and deliver to Landlord (or, at Landlord's request, to any existing or prospective purchaser, transferee, assignee or Senior Holder of any or all of the party who gave such noticePremises, the Property, any interest therein or any of Landlord's rights under this Lease) an instrument in recordable form, certifying: (a) that Tenant has accepted the Premises (or, if Tenant has not done so, that Tenant has not accepted the Premises, and specifying the reasons therefore); (b) the Commencement and Expiration Dates of this Lease; (c) whether there are then existing any defaults by Landlord in the performance of its designateobligations under this Lease (and, a statement in writing certifying if so, specifying the same); (d) 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 effect, as modified, and stating the modificationsdate and nature of each modification); (e) the capacity of the person executing such certificate, and that such person is duly authorized to execute the date to which same on behalf of Tenant; (f) the annual rent and any other payments due hereunder from Tenant have been paid in advancedate, if any, to which rent and stating whether or not there are defenses or offsets claimed other sums payable hereunder have been paid; (g) that no notice has been received 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 Tenant of any covenant agreement or condition contained default which has not been cured, except as to defaults specified in this Lease, the certificate; (h) the amount of any Security Deposit and if so, Specifying each Prepaid Rent; (i) 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; and (j) acknowledging and agreeing that any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement contained 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 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 any existing or prospective purchaser, transferee, assignee or Senior Holder and/or any other party named as a beneficiary of such certificate. Tenant shall still remain liable for defend, indemnify and hold Landlord harmless from and against all costs, damages, expenses, liabilities and fees, including, without limitation, reasonable attorneys' fees and any consequential damages or lost profits, arising from or in any way related to or connected with Tenant's failure to deliver any such certificate within the sametime specified in this Subsection 23.6.

Estoppel Certificate. Landlord and Tenant agree that each willshall, without charge, at any time and from time to time, within ten (10) 30 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 Landlord 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 30-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 ▇▇▇▇▇▇.

Estoppel Certificate. Landlord and (a) The Tenant agree that each willagrees, at any time and from time to time, within ten (10) as requested by Landlord, upon not less than 15 days following prior written notice by the other party hereto specifying that it is given pursuant notice, to this Section, execute, acknowledge execute 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 had been modifications, modifications that the same is in full force and effect and as modified as stating the modifications), and certifying the date dates to which the annual rent and any other payments due hereunder from Tenant have additional rent had been paid paid, and stating whether or not, to the knowledge of Tenant, Landlord is in advancedefault hereunder, and, if anyso, specifying each such default of which Tenant may have knowledge, 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 Tenant, any event has occurred which with the signer giving of notice or passage of time, or both, would constitute such certificate the other party is in default in performance of any covenant agreement or condition contained in this Leasea default, and if so, Specifying specifying each such default of which the maker may have knowledge event, it being intended that any such statement delivered pursuant thereto shall be deemed a representation and if requested, such financial information concerning Tenant warranty to be relied upon by Landlord and Tenant’s business operations (and the Guarantor of this Lease, if this Lease be guaranteed) as by others with whom Landlord may be reasonably dealing, regardless of independent investigation. (b) The Landlord agrees, at any time and from time to time, as requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party Tenant, upon not less than 15 days prior written notice, to execute, acknowledge execute 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, certifying that this Lease is unmodified and in full force and effect (or if there had been modifications that the same is in full force as modified as stating the modifications), certifying the dates to which the rent and that such rents have additional rent had been duly paid, and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitutestating 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 knowledge of such notice; providedLandlord, however that nothing contained Tenant is 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 hereunder, and, unless expressly consented if so, specifying each such default of which Landlord may have knowledge, and stating whether or not to in writing by the knowledge of Landlord, any event has occurred which with the giving of notice or passage of time, or both, would constitute such a default, and if so, specifying each such event, it being intended that any such statement delivered pursuant thereto shall be deemed a representation and warranty to be relied upon by Tenant shall still remain liable for the sameand by others with whom Tenant may be dealing, regardless of independent investigation.

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 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.

Estoppel Certificate. Landlord and Tenant agree that each will, at At any time and from time to time, within Member, on or before the date specified in a request therefore made by the Cooperative, which date shall not be earlier than ten (10) days following written notice by from the other party hereto specifying that it is given pursuant to this Sectionmaking of such request, shall execute, acknowledge and deliver to the party who gave such notice, Cooperative a certificate evidencing whether or its designate, a statement in writing certifying that not (i) this Lease is unmodified and in full force and effect (or if there have been modifications, that the same agreement is in full force and effect effect, (ii) this agreement has been amended in any way, (iii) there are any existing defaults on the part of the Cooperative hereunder to the knowledge of Member and stating specifying the modifications)nature Cooperative shall have the option to exercise any one or more of the following remedies, it being agreed that pursuit of any remedy provided in this agreement shall not preclude pursuit of any other remedy or remedies herein provided or provided by law, and that any of such remedies may be pursued regardless of whether or not the default continues to exist and whether or not the Cooperative accepts or has accepted payment of Monthly Carrying Charges subsequent to the occurrence of such default: (1) The Cooperative may terminate this agreement, in which event Member shall immediately surrender possession of the dwelling unit to the Cooperative and the Cooperative may re-enter the dwelling unit and remove all persons and personal property therefrom, either by summary dispossessory proceedings or by suitable action or proceeding at law or in equity or by any other proceedings which may apply to the eviction of tenants by force or otherwise, and repossess the dwelling unit in its former state as if this agreement had not been made, and the date to which the annual rent Cooperative may use such force as may be necessary, without being guilty of trespass, forcible entry, detainer or other tort; and any other payments due hereunder from Tenant have been paid in advanceof such defaults, if any, and stating whether or not there are defenses or offsets claimed by (iv) the maker of the certificate and whether or not date 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 Leasewhich Monthly Carrying Charges, 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 Leaseother amounts due hereunder, if any, have been paid. Each certificate delivered pursuant to 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 by any person holding prospective purchaser or proposing to acquire an transferee of the Cooperative'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 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 part of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the sameproject.

Estoppel Certificate. Landlord and Tenant agree that each will, at any time and from time to time, within 29.01 Upon ten (10) days following written notice from Landlord to Tenant, Tenant shall deliver a certificate dated as of the first day of the calendar month in which such notice is received, executed by an appropriate officer, partner or individual, in 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 form as Landlord may reasonably require and stating the modifications), and following: (i) the commencement 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 ; (ii) the space occupied by Tenant hereunder; (iii) the expiration date hereof; (iv) a description of any renewal or expansion options; (v) the amount of rental currently and actually paid by Tenant under this Lease be guaranteedLease; (vi) as may be reasonably requested the nature of any default or claimed default hereunder by Landlord; (vii) that Tenant is not in default hereunder nor has any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance event occurred which with the provisions passage of this Section within said time or the giving of notice would become a default by Tenant hereunder and (viii) such other statements as Landlord may reasonably require. 29.02 Upon ten (10) business days notice from Tenant to Landlord, Landlord shall deliver a certificate dated as of the first day period shall constitute of the calendar month in which such notice is received, executed by an acknowledgmentappropriate officer, by the party given such noticepartner or individual, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or form as Tenant may reasonably require and stating the Premises or this Lease from or through following: (i) 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 commencement date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver this Lease; (ii) the space occupied by Tenant hereunder; (iii) the expiration date hereof; (iv) a description of any defaults which may exist prior to renewal or expansion options; (v) the date amount of such noticerental currently and actually paid by Tenant under this Lease; provided, however that nothing contained in (vi) the provision of this Section shall constitute waiver by Landlord nature of any default or claimed default hereunder by Tenant; (vii) that Landlord is not in payment default hereunder nor has any event occurred which with the passage of rent time or the giving of notice would become a default by Landlord hereunder and (viii) such other charges existing statements as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the samemay reasonably require.

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 will, at any time and from time to time, within Within ten (10) days following written notice after request therefor by the other party hereto specifying that it is given pursuant to this Section, execute, acknowledge and deliver to the party who gave such noticeLessor, or its designatein the event that upon any sale, a statement assignment, financing or hypothecation of the leased premises or the Center by Lessor, an Estoppel Certificate shall be required from Tenant, Tenant agrees hereby to deliver in writing recordable form an Estoppel Certificate to any proposed mortgagee, lender or purchaser, or to Lessor, agreeing to and/or certifying as follows: (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 effect, and stating has not been assigned, modified, supplemented or amended in anyway (or if there has been any assignment, modification, supplement or amendment, identifying the modificationssame); (b) that this Lease represents the entire agreement between Lessor and Tenant as to the subject matter hereof (or if there has been any assignment, modification, supplement, or amendment, identifying the same); (c) that Tenant has entered into occupancy of the leased premises, and the date of such entry if such is the case; (d) the commencement date and termination date of the term or terms, if determinable at the time; (e) that all conditions under this Lease to which the annual rent and any other payments due hereunder from Tenant be performed by Lessor have been paid in advancesatisfied and all required contributions, if any, by Lessor to Tenant on account of Tenant's improvements have been received (and stating whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not if not, what conditions remain unperformed); (f) that to the best of knowledge of the signer of such certificate Estoppel Certificate, no default exists in the other party is in default in performance or observance of any covenant agreement or condition contained in this Lease and that there are no defenses or offsets against the enforcement of this Lease by Lessor, or specifying in reasonable detail such default, defense or offset of which the signer may have knowledge; (g) the amount of minimum guaranteed annual rent, and any information reasonably requested as to percentage rent and any other charges to be paid by Tenant pursuant to the provisions of the Lease; (h) that Tenant has no charge, lien or claim of offset under the Lease, or otherwise, against rent or charges due or to become due thereunder, or stating those claimed by Tenant; (i) if such be the case, that rent payable under this Lease has not been paid more than thirty (30) days in advance of the next due date, and that Tenant will not pay any rent more than thirty (30) days in advance of any due date, with the exception of any security deposit, in which case Tenant will state the amount of such security deposit; (j) that if Tenant is provided appropriate evidence of a duly recorded mortgage encumbering the leased premises or the Center by the, mortgagee named the therein, its successors or assigns ("mortgagee"), Tenant will not consent to the modification of any material provision of 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 will not seek to terminate this Lease be guaranteedby reason of any act or omission of Lessor, until Tenant shall have given written notice of such act, or omission to such mortgagee and until ninety (90) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure days shall have elapsed following the giving 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, during which may be relied on by any person holding period such mortgagee shall have the right, but not the obligation, to remedy such act or proposing to acquire an interest omission; and (k) that in the Building event such mortgagee or any party thereof purchaser at a foreclosure sale acquires title to the leased premises pursuant to the exercise of any remedy provided for in said duly recorded mortgage, Tenant will attorn to such mortgagee, or the Premises or this Lease from or through the to such other partypurchaser, as its new landlord and that this Lease is unmodified and shall continue in full force and effect as a direct Lease between Tenant and that such rents have been duly mortgage or such other purchaser, upon the terms, covenants, conditions 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 noticeagreements set forth herein; provided, however that nothing contained in the provision however, such mortgagee, or such other purchaser, shall not be liable to Tenant for any act or omission 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 willTenant, at any time and shall, from time to time, within ten fifteen (1015) 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), and (b) the date to which the annual amounts of fixed rent, additional rent, percentage rent and any 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, percentage rent if any, 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 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 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 ▇▇▇▇▇▇ 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 (a) At any time and from time to timeor times, within ten (10) days following Business Days after written notice demand by the other party hereto specifying that it is given pursuant to this SectionLender therefor, execute, acknowledge and the Borrower shall deliver to the party who gave Lender a certificate duly executed and satisfactory to the Lender; stating and acknowledging, to the best of Borrower’s knowledge, (i) the then unpaid principal balance of, and interest due and unpaid under, the Loan, the fact that there are no defenses, off-sets or counterclaims thereto (or, if such noticeshould not be the fact, then the facts and circumstances relating to such defenses, off-sets or counterclaims); (ii) the Borrower has kept, observed, complied with, fulfilled and performed in all material respects every term, covenant and condition in this Agreement and the other Loan Documents on its part to be kept and performed; (iii) that no Potential Default or Event of Default exists; and (iv) that no material litigation or administrative proceeding has been instituted by or against the Borrower (or, if such should not be the fact, then the facts and circumstances relating to such event or litigation in detail) and covering such other matters relating to the Borrower, the Loan, the Leases or the Collateral as the Lender may reasonably require. (b) At any time or times, within thirty (30) days after written demand of the Borrower by the Lender therefor, the Borrower shall deliver to the Lender a certificate duly executed and in form satisfactory to the Lender, from JNL, in accordance with and subject to the provisions of Section 26 [Estoppel Certificates] of the JNL Lease. (c) Within thirty (30) days after written demand of the Borrower by the Lender therefor, the Borrower shall deliver to the Lender an estoppel certificate duly executed and in form satisfactory to the Lender, from LBA REALTY FUND II-COMPANY VII, LLC, a Delaware limited liability company or its designatesuccessor, in accordance with and subject to the provisions of Section 13 [Estoppel Certificates] of the Parking Easement Agreement. (d) Within thirty (30) days after written demand of the Borrower by the Lender therefor, the Borrower shall deliver to the Lender an estoppel certificate duly executed and in form satisfactory to the Lender, from LBA REALTY FUND II-COMPANY VII, LLC, a statement Delaware limited liability company or its successor, in writing certifying that this Lease is unmodified accordance with and subject to the provisions of Section 12[Estoppel Certificates] of the Courtyard Declaration. (e) Within thirty (30) days after written demand of the Borrower by the Lender therefor, the Borrower shall use all commercially reasonable efforts to deliver to the Lender an estoppel certificate duly executed in full force accordance with and effect (or if there have been modifications, that subject to 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 advanceprovisions regarding delivery of such estoppel certificates, if any, and stating whether or not there are defenses or offsets claimed by the maker set forth in each 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 sameDeclarations.

Estoppel Certificate. Landlord and (a) At the request of Tenant agree that each willor 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, shall execute, acknowledge and deliver an estoppel certificate, in recordable form and substantially in the form attached hereto as Exhibit 9.04 and incorporated herein by this reference, in favor of the requesting party and, if applicable, such requesting party's lender, mortgagee or purchaser, as the case may be, pertaining to matters reasonably and customarily requested in such certificates, including, but not limited 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 is in full force and effect as modified and stating the modifications), and ; (ii) the date to which the annual rent Rent and any other payments due hereunder from Tenant charges have been paid paid; (iii) that the requesting party is not in advancedefault nor is there any fact or condition which, with notice or lapse of time, or both, would constitute a default, if anythat be the case, or specifying any existing default; (iv) if applicable, that the Tenant has accepted and occupies the Leased Property; (v) if applicable, that Tenant has no defenses, set-off's, deductions, credits, or counterclaims against Landlord, if that be the case, or specifying such that exist; (vi) if applicable, that the Landlord has no outstanding construction or repair obligations; and (vii) such other information as may reasonably be requested by the requesting party or any lender, mortgagee or purchaser. (b) Any purchaser, lender or mortgagee may rely on this estoppel certificate. (c) If Tenant fails to deliver the estoppel certificates to Landlord within ten (10) days after the request of the Landlord, then Tenant shall be deemed to have certified that the facts set forth in the certificate are true and correct. Further, if Tenant fails or refuses to execute, acknowledge, 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 deliver any such certificate the other party is in default in performance of any covenant agreement or condition contained in this Leasedocument within twenty (20) days after written demand, 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 Landlord is not in breach of this Lease, if this Lease be guaranteed) as Landlord may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver any such document on behalf of Tenant as Tenant's attorney-in-fact: Tenant hereby constitutes and irrevocably appoints Landlord, Landlord's Designee and each of their respective successors and assigns, as Tenant's attorney-in-fact to execute, acknowledge, and deliver on behalf of Tenant any documents described in this Section. This power of attorney is coupled with an interest and is irrevocable. (d) If Landlord fails to deliver the other a statement in accordance with the provisions of this Section estoppel certificates to Tenant within said ten (10) business day period days after the request of the Tenant, then Landlord shall constitute an acknowledgment, by be deemed to have certified that the party given such notice, which may be relied on by any person holding or proposing to acquire an interest facts set forth in the Building certificate are true and correct. Further, if Landlord fails or refuses to execute, acknowledge, and deliver 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 Landlorddocument within twenty (20) days after written demand, and Tenant shall still remain liable is not in breach of this Lease, Tenant may execute, acknowledge and deliver any such document on behalf of Landlord as Landlord's attorney-in-fact, Landlord hereby constitutes and irrevocably appoints Tenant as Landlord's attorney-in-fact solely for the samelimited and exclusive purpose to execute, acknowledge, and deliver on behalf of Landlord the estoppel certificate described in this Section 9.03(d). This power of attorney is coupled with an interest and is irrevocable.

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 ten but in no event on less than five (105) days following prior written notice request by the other party hereto specifying that it is given pursuant to this SectionLandlord, Tenant shall execute, acknowledge and deliver to the party who gave such noticeLandlord, or its designatepromptly upon request, a statement certificate in writing certifying the form of Exhibit “E” attached hereto (“Estoppel Certificate”), certifying: (a) that Tenant has accepted the Premises (or, if Tenant has not done so, that Tenant has not accepted the Premises, and specifying the reasons therefor); (b) the Commencement Date and Expiration Date of this Lease; (c) whether to the best knowledge of Tenant there are then existing any defaults by Landlord in the performance of its obligations under this Lease (and, if so, specifying the same); (d) 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 effect, as modified, and stating the modificationsdate and nature of each modification); (e) the capacity of the person executing such certificate, and that such person is duly authorized to execute the date to which same on behalf of Tenant; (f) the annual rent and any other payments due hereunder from Tenant have been paid in advancedate, if any, to which rent and stating whether or other sums payable hereunder have been paid; (g) Tenant 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 under the Lease nor does any event exist which, with the passage of time or the giving of notice or both would constitute an Event of Default; except as to defaults specified in performance the certificate; (h) the amount of any covenant agreement or condition contained in this Lease, security deposit and if so, Specifying each prepaid rent; and (i) 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 any Mortgagee or prospective mortgagee or purchaserLandlord. 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 prospective purchaser, mortgagee or proposing to acquire an interest in beneficiary under any Mortgage affecting the Building or any party part thereof. If Tenant fails to deliver the executed certificate within five (5) days after receipt thereof or by Tenant, then Tenant shall be deemed to have accepted the Premises or this Lease from or through the other party, and it shall be an acknowledgment by 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 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 statements included 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 andestoppel certificate are true and correct, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the samewithout exception.

Estoppel Certificate. Landlord and Tenant agree that each will, at any time and from time to time, within ten Within twenty (1020) days following after either party’s written notice by 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 certifying (i) certifying, as of the date of such statement, 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 whether any options granted to Tenant pursuant to the provisions of this Lease have been exercised, (ii) setting forth and certifying the Commencement Date, the Expiration Date and the Base Rent, (iii) certifying, as of the date of such statement, the dates to which the annual rent Base Rent and any other payments due hereunder from Tenant Additional Rent have been paid in advanceand the amounts thereof, if any(iv) stating, and stating as of the date of such statement, 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 or condition contained in of its obligations under this Lease, (and if Tenant is the certifying party, whether Tenant is in default) and, if so, Specifying specifying each such default of which the maker signer may have knowledge knowledge, (v) stating, as of the date of such statement, whether Tenant has any rights to offsets or abatement of rent, (vi) stating, as of the date of such statement, whether Tenant has prepaid any rent for more than one month in advance, and if requested(vii) 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 others with whom the party requesting such certificate may be dealing and their respective successors and/or assigns. A default by Landlord or prospective mortgagee or purchaser. The failure Tenant of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of its obligations under this Section within said ten (10) business day period Article shall constitute an acknowledgment, by the party given such notice, defaulting party’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 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 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 a) Tenant agree that each will, at any time and shall from time to time, within ten five (105) days following written notice by the other party hereto specifying after Landlord's request or that it is given pursuant to this Sectionof any mortgagee of Landlord, execute, acknowledge and deliver to Landlord a written instrument in recordable form, substantially in the party who gave such noticeform attached hereto as Exhibit E (a "Tenant Estoppel Certificate"), or its designate, 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 by not, to the maker best of the certificate Tenant's knowledge, all conditions under the Lease to be performed by Landlord prior thereto 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 each, if any, unsatisfied condition and each, if soany, Specifying each such default of which the maker Tenant may have knowledge knowledge; and if (vi) any other fact or condition related to the Lease or the Tenant reasonably requested, such financial information concerning Tenant and Tenant’s business operations (and . Any certification delivered pursuant to the Guarantor provisions of this Lease, if this Lease Article shall be guaranteed) as may intended to be reasonably requested relied upon by Landlord and any Mortgagee mortgagee or prospective mortgagee or purchaser. purchaser of the Property or of any interest therein. b) The failure of either party Tenant to execute, acknowledge and deliver to the other Landlord a statement written Tenant Estoppel Certificate in accordance with the provisions of this Section 39 within said ten five (105) business day period shall constitute an acknowledgment, acknowledgment by the party given such noticeTenant, which may be relied on upon by any person holding mortgagee or proposing to acquire an interest in the Building prospective mortgagee or any party thereof purchaser of the Property or the Premises or this Lease from or through the other partyof any interest therein, that this Lease has not been modified, supplemented or amended except as set forth in landlord's request, and is unmodified and in full force and effect (or in full force and effect as so modified, supplemented or amended), that such rents the Base Rent, Additional Rent and any other charges arising hereunder have not been duly and fully paid to an including beyond the respective due dates immediately preceding the date of such notice request, that Tenant has no right of set-off or other defense to this Lease and of the truth of such other facts and conditions as shall have been requested to be certified, and shall constitute, as to any person entitled as aforesaid to rely upon such statementsas aforesaid, a waiver of any defaults which may exist prior to the date of such notice; providedrequest. Notwithstanding the foregoing, however that nothing contained Tenant's failure to furnish a Tenant Estoppel Certificate within said five (5) day period shall constitute a default under this Lease. c) Landlord, at any time, and from time to time, on the written request of Tenant, will execute, acknowledge and delivery to Tenant a certificate certifying the then current status of the Lease and providing any other information reasonably requested by Tenant, all substantially in the provision of accordance with Tenant's similar obligations as set forth in 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 same39.

Estoppel Certificate. Landlord and Tenant agree agrees that each will, at any time and from time to time, within ten upon not less than fifteen (1015) business days following prior written notice request by ▇▇▇▇▇▇▇▇, or the holder of any Mortgage or any ground lessor, Tenant (or any permitted assignee, subtenant, licensee, concessionaire or other party hereto specifying that it is given pursuant to this Sectionoccupant of the Premises or Exterior Area claiming by, execute, acknowledge and through or under Tenant) will deliver to Landlord or to the party who gave such noticeholder of any Mortgage or ground lessor (or to a potential purchaser, ground lessor or its designatelender), a statement in writing signed by Tenant certifying (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 advancepaid, if any(c) that to Tenant’s actual knowledge, and stating whether or 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 in default, the nature thereof in detail; (d) that Tenant’s Work and, to Tenant’s knowledge, Landlord’s Work 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; (e) that there has been no prepayment of Rent other than that provided for in this Lease Lease; (f) that to Tenant’s actual knowledge, there are no actions, whether voluntary or otherwise, pending against Tenant under the bankruptcy laws of the United States or any State thereof; (g) that the current financial statements for Tenant (which shall be guaranteedincluded with the estoppel certificate if so requested by Landlord) are true, correct and complete; provided; however, so long as the initially named Guarantor remains the guarantor of this Lease, no financial statements shall be required; and (h) such other matters as may be reasonably requested required by any Mortgagee Landlord, the holder of the Mortgage, or prospective mortgagee or purchaserground lessor. The failure of either party If Tenant fails to execute, acknowledge execute and deliver any such certificate or statement within fifteen (15) business days after receipt by Tenant of a written request therefor, Landlord may provide to the other Tenant a statement second written request with respect to such estoppel certificate which written notice must state in accordance with the provisions of this Section bold and all caps “FAILURE TO RESPOND TO THIS WRITTEN NOTICE WITHIN FIVE (5) BUSINESS DAYS AFTER DELIVERY HEREOF IN ACCORDANCE WITH THE LEASE SHALL CONSTITUTE ACCEPTANCE OF AN ESTOPPEL CERTIFICATE”. If ▇▇▇▇▇▇ fails to execute and deliver such certificate (or provide written comments to any proposed certificate delivered by Landlord) within said ten a five (105) business day period following the receipt of Landlord’s second written request therefor, such failure shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding conclusive and binding upon Tenant that all information set forth above (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 form certificate of statement provided to Tenant) is unmodified true 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 sameaccurate.

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 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 that, at any time and from time to time, within time upon not less than ten (10) days business days' prior request by Landlord, 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 to the best of its knowledge (i) that this Lease is unmodified and in full force and effect (or if there have been modifications, a description of such modifications and that the same Lease as modified is in full force and effect and stating effect); (ii) 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 paid; (iii) 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 in default, the nature thereof in detail; (iv) that the Premises have been delivered to Tenant by Landlord and accepted by Tenant; (v) that there are no proceedings pending against Tenant which have been adversely decided and which would affect Tenant's obligations under this Lease be guaranteedLease; (vi) that Tenant has not made a claim against Landlord which has not been resolved or satisfied; and (vii) such further matters as may 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 purchaserany prospective and/or subsequent purchaser or transferee of all or a part of Landlord's interest in the Property, the Office Section or the Building, or any other person having an interest therein. The failure of either party to execute, acknowledge Tenant shall execute and deliver whatever instruments may be required for such purposes, and in the event Tenant fails so to the other a statement in accordance with the provisions of this Section do within said ten (10) business day period shall constitute an acknowledgmentdays after demand in writing, 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 samebe considered in default under this Lease.

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 ▇▇▇▇▇▇ ▇▇ attorn to such success▇▇ ▇▇▇ ▇▇all 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 not be: (1) liable for any act or omission 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 prior landlord (including Sublessor); (2) liable for the samereturn of any security deposit; (3) subject to any offset or defense which Sublessee might have against any prior landlord (including Sublessor); and (4) bound by any rent or additional rent which Sublessee might have paid for more than the current month to any prior Landlord (including Sublessor).

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 but shall be 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 the 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 Tenant agree that each willagrees that, at any time and from time to timetime upon not less than fifteen (15) days’ prior request by Landlord, within ten (10) days following written notice by 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 Leased Premises claiming by, through or under Tenant, to this Sectioncomplete, execute, acknowledge execute and deliver to the party who gave such notice, Landlord or its designateLandlord’s designee or to any existing or prospective mortgagee or ground lessor, a statement in writing written estoppel certificate certifying (i) that this Lease is unmodified and is 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 setting forth the modifications); (ii) the amounts of the monthly installments of Base Rental, Tenant’s Forecast Additional Rental, Tenant’s Additional Rental Adjustment and other sums then required to be paid under this Lease by Tenant; (iii) the date to which the annual rent Base Rental, Tenant’s Forecast Additional Rental, Tenant’s Additional Rental Adjustment and any other payments due hereunder from sums required to be paid under this Lease by Tenant have been paid paid; (iv) that Landlord is not in advance, if any, and stating whether or not there are defenses or offsets claimed by the maker default under any 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 provisions of this Lease, or if in default, the nature thereof in detail and what is required to cure same; and (v) such other information concerning the status of this Lease be guaranteed) as may be or the parties’ performance hereunder reasonably requested by any Mortgagee Landlord or prospective mortgagee or purchaser. The failure of either the party to execute, acknowledge whom such estoppel certificate is to be addressed. If Tenant fails to execute such estoppel certificate within the time permitted then Landlord shall give written notice thereof to Tenant and deliver if Tenant fails to execute the other a statement in accordance with the provisions of this Section same or furnish specific written objections to such certificate within said ten five (105) business day period shall constitute an acknowledgment, by the party given days after such notice, which may then the facts contained therein shall be relied on by any person holding or proposing conclusively presumed 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 correct.

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 T▇▇▇▇▇ fails to execute and deliver such estoppel certificate. Such fee shall be in addition to L▇▇▇▇▇▇▇'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, 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. Landlord and Tenant agree that each will, at (a) At any time and from time to timeor times, within ten (10) days following Business Days after written notice demand by the other party hereto specifying that it is given pursuant to this SectionLender therefor, execute, acknowledge and the Borrower shall deliver to the party who gave such notice, or its designate, Lender a statement in writing certifying that this Lease is unmodified certificate duly executed and in full force form satisfactory to the Lender; stating and effect acknowledging, to the best of Borrower's knowledge, (i) the then unpaid principal balance of, and interest due and unpaid under, the Loan, the fact that there are no defenses, off-sets or counterclaims thereto (or, if there have such should not be the fact, then the facts and circumstances relating to such defenses, off-sets or counterclaims); (ii) the Borrower has or has caused to be kept, observed, complied with, fulfilled and performed in all material respects every term, covenant and condition in this Agreement and the other Loan Documents on its part to be kept and performed; (iii) that no Potential Default or Event of Default exists; and (iv) that no material litigation or administrative proceeding has been modificationsinstituted by or against the Borrower (or, if such should not be the fact, then the facts and circumstances relating to such event or litigation in detail) and covering such other matters relating to the Borrower, the Loan, the Leases or the Collateral as the Lender may reasonably require. (b) To the extent Borrower has the right to request estoppel certificates from its tenants under the applicable Lease, for all tenants under Leases of portions of the Project, at any time or times, within ten (10) Business Days after written demand of the Borrower by the Lender therefor, the Borrower shall deliver to the Lender an estoppel certificate duly executed and in form satisfactory to the Lender, from each tenant of the Land and Improvements, stating and acknowledging, to the best of such tenant's knowledge: (i) that the same Lease between Borrower and such tenant 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 the date respective Lease (as modified, supplemented or amended, as aforesaid) represents the entire agreement between the Borrower and such tenant with respect to the leased premises; (ii) the dates to which the annual rent and any other payments due hereunder from Tenant charges arising thereunder have been paid in advancepaid; (iii) the amount of any security deposits, prepaid rents or credits due to such tenant, if any; (iv) that, if applicable, such tenant has entered into occupancy of the leased premises; (v) the date on which the term shall have commenced and stating the corresponding expiration date; (vi) whether or not there are defenses or offsets claimed all conditions under the Lease between the Borrower and such tenant to be performed by Borrower 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 Borrower is then in default in the performance of any covenant covenant, agreement or condition contained in this Leasethe Lease between the Borrower and such tenant 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 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 noticedefault; 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 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 Tenant 32.01. Both Parties agree that each will, at any time and from time to time, and within ten (10) business days following after a written notice by request from the other party hereto specifying that it is given pursuant Party, to this Sectionexecute, executeenseal, acknowledge and deliver to the party who gave such notice, or its designate, requesting Party a statement in writing written instrument certifying that that: (1) 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 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 describing such modifications, supplements and amendments) and that this Lease (as modified, supplemented or amended, as aforesaid) represents the modifications)entire agreement between Landlord and Tenant as to the Premises and the Property; (2) the dates to which the Fixed Base Rent, Additional Rent and other charges arising under this Lease have been paid, if any; (3) the amount of any prepaid rents or credits due to Tenant, if any; and (4) if applicable, that Tenant has accepted the possession of the Premises and has entered into occupancy of the Premises and the date to on which the annual rent Rent Commencement Date shall have occurred and any other payments due hereunder from Tenant have been paid in advance, if any, and the corresponding Expiration Date (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 42 the signer of such certificate all conditions under this Lease to be performed by the other party Party prior to the Rent Commencement Date have been satisfied and whether or not the other Party is then in default in the performance of any covenant covenant, agreement or condition contained in this LeaseLease and specifying, if any, each such unsatisfied condition and if so, Specifying each such default of which the maker signer may have knowledge 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 stating any other fact or certifying any other condition reasonably requested by the other Party or requested by any Mortgagee mortgagee or prospective mortgagee or purchaserpurchaser of the Property or of any interest therein, and/or any party doing business of any kind with Tenant. The failure of either party It is intended that 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 upon 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 partysuch purchaser, 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 constitutemortgagee, 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 samerelated third party.

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 At any time and from time to time, Lessee, on or before the date specified in a request therefor made by Lessor, which date shall not be earlier than ten (10) days from the making of such request, shall execute, acknowledge, and deliver to Lessor and to such assignee, mortgagee or other party as may be designated by Lessor, a certificate (in a form to be specified by Lessor) stating: (i) that by such certificate the Lease is ratified; (ii) the Commencement Date and the date on which Lessee entered into occupancy of the Premises; (iii) the amount of the monthly portion of Base Rent and Additional Rent payable hereunder; (iv) that the Lease (unmodified or as modified, as the case may be, with all amendments or modifications so specified) represents the entire agreement between the parties as to the Premises (or if such is not the case, the certificate shall so state, specifying the particulars of any other applicable agreement or state of facts) and is in full force and effect; (v) the Expiration Date; (vi) that, as of the date of the certificate, there are no defaults by Lessor or Lessee under the Lease, and there are no existing defenses or offsets which Lessee has against the enforcement of the Lease by Lessor (or, if such is not the case, the certificate shall so state specifying particulars); (vii) the amount of Base Rent and Security Deposit which has been deposited with Lessor; (viii) the month and year through which Base Rent and Additional Rent have been paid; (ix) that no actions, voluntary or involuntary, are pending against Lessee under the bankruptcy laws of the United States or any State thereof (or, if such is not the case, the certificate shall so state specifying particulars); (x) that the person executing the certificate is duly authorized to execute the same on behalf of Lessee, and that the certificate is and shall be binding on Lessee, its successors and assigns; (xi) that Lessee has not requested any repairs or replacements to the Premises or any other part of the Project that are Lessor's responsibility under the Lease and that have not been completed (or, if such is not the case, the certificate shall so state specifying particulars); and (xii) such other matters relating to the Lease as may reasonably be requested by Lessor. In the event that Lessee fails to provide such certificate within ten (10) days following daysafter written notice request by Lessor therefor, Lessee shall be deemed to have approved 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 contents of the certificate and whether or not as submitted to Lessee by Lessor at the best of knowledge time of the signer of written request therefor, and Lessor is hereby authorized to so certify. ▇▇▇▇▇▇ hereby expressly acknowledges and agrees that ▇▇▇▇▇▇, any such certificate the assignee, mortgagee or 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 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 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 the certificate so certified by Lessor or 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 certificate delivered 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 sameLessee hereunder.

Estoppel Certificate. Landlord and Tenant agree that each will, at any time and from From time to time, Tenant shall execute, acknowledge, and deliver to any party designated by Landlord, within ten (10) days following written notice after Landlord has made a request therefor, a certificate (in a form to be specified by Landlord) stating: (i) that by such certificate the other party hereto specifying Lease is ratified; (ii) the Commencement Date and the date on which Tenant entered into occupancy of the Premises; (iii) the amount of the monthly portion of Base Rent and Additional Rent payable hereunder; (iv) that it is given pursuant to this Sectionthe Lease (unmodified or as modified, executeas the case may be, acknowledge and deliver with all amendments or modifications so specified) represents the entire agreement between the parties as 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 Premises (or if there have been modificationssuch is not the case, that the same certificate shall so state, specifying the particulars of any other applicable agreement or state of facts) and is in full force and effect and stating effect; (v) the modifications)Expiration Date; (vi) that, 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 the certificate, there are no defaults by Landlord or Tenant under the Lease, and there are no existing defenses or offsets which Tenant has against the enforcement of the Lease by Landlord (or, if such notice andis not the case, unless expressly consented the certificate shall so state specifying particulars); (vii) the amount of Base Rent and Security Deposit which has been deposited with Landlord; (viii) the month and year through which Base Rent and Additional Rent have been paid; (ix) that no actions, voluntary or involuntary, are pending against Tenant under the bankruptcy laws of the United States or any State thereof (or, if such is not the case, the certificate shall so state specifying particulars); (x) that the person executing the certificate is duly authorized to in writing execute the same on behalf of Tenant, and that the certificate is and shall be binding on Tenant, its successors and assigns; (xi) that Tenant has not requested any repairs or replacements to the Premises or any other part of the Project that are Landlord’s responsibility under the Lease and that have not been completed (or, if such is not the case, the certificate shall so state specifying particulars); and (xii) such other matters relating to the Lease as may reasonably be requested by Landlord. In the event that Tenant fails to provide such certificate within ten (10) days after written request by Landlord therefor, Tenant shall be deemed to have approved the contents of the certificate as submitted to Tenant by Landlord at the time of the written request therefor, and Landlord is hereby authorized to so certify. Tenant hereby expressly acknowledges and agrees that Landlord, any such assignee, mortgagee or other party shall still remain liable for be entitled to rely upon the samecertificate so certified by Landlord or any certificate delivered by Tenant hereunder.

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 G 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: (i) that this Lease is unmodified and in full force and effect (or if there such statement is true), (ii) whether the term has commenced and Fixed Rent and Additional Rent have become payable hereunder and, if 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 ▇▇▇▇▇▇ has accepted possession of the Premises, (v) whether ▇▇▇▇▇▇ 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 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 Landlord (and which ten (10) 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 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 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 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 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 NL Companies hereby agrees that each will, at any time and from time to time, within ten (10) days following after written notice by the other party hereto specifying that demand of Administrative Agent, it is given pursuant to this Section, shall execute, acknowledge and deliver a certification setting forth the total amount of indebtedness owed to it which shall be then secured by any portion of the Property, and any and all such certifications shall be conclusive as to the party who gave matters set forth therein, and shall be fully binding upon NL Companies, its successors and assigns. Notwithstanding the foregoing, NL Companies shall not be obligated to give such notice, or certification more frequently than once every other calendar month. 23. Governing Law/Successors and Assigns/Joint and Several Liability/Counterparts. This Agreement shall be governed by the laws of the State of New Jersey (without reference to its designate, a statement in writing certifying conflict of laws principles). This Agreement shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns. NL and NL EMS acknowledge and agree that they have executed this Lease is unmodified Agreement jointly and in full force severally and effect (or if there have been modifications, that the same is term "NL Companies" refers to each individually and to them collectively and as such jointly and severally. This Agreement may be executed in full force separate counterpart signature pages. 24. Forum. Administrative Agent, on behalf of itself and effect and stating the modifications)other Banks, and NL Companies each hereby irrevocably submits generally and unconditionally to the date jurisdiction of any state court or any United States federal court sitting in the State of New Jersey, over any suit, action or proceeding arising out of or relating to which this Agreement or the annual rent Bank Loan Obligations or the NL Loan Obligations. Administrative Agent, on behalf of itself and the other Banks, and NL Companies each hereby irrevocably waives, to the fullest extent permitted by law, any objection that it may now or hereafter have to the laying of venue in any such court and any other payments due hereunder from Tenant have been paid in advanceclaim that any such court is an inconvenient forum. 25. WAIVER OF JURY TRIAL. ADMINISTRATIVE AGENT, if anyON BEHALF OF ITSELF AND THE OTHER BANKS, 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 LeaseAND NL COMPANIES WAIVE TRIAL BY JURY IN RESPECT OF ANY CLAIM, and if soCOUNTERCLAIM, Specifying each such default of which the maker may have knowledge and if requestedACTION OR CAUSE OF ACTION RELATING TO OR ARISING OUT OF THIS AGREEMENT. THIS WAIVER IS KNOWINGLY, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this LeaseWILLINGLY AND VOLUNTARILY MADE BY ADMINISTRATIVE AGENT AND NL COMPANIES AND ADMINISTRATIVE AGENT AND NL COMPANIES HEREBY REPRESENT THAT NO REPRESENTATIONS OF FACT OR OPINION HAVE BEEN MADE BY ANY PERSON OR ENTITY TO INDUCE THIS WAIVER OF TRIAL BY JURY OR TO IN ANY WAY MODIFY OR NULLIFY ITS EFFECT. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE PARTIES ENTERING INTO THIS AGREEMENT. ADMINISTRATIVE AGENT AND NL COMPANIES ARE EACH HEREBY AUTHORIZED TO FILE A COPY OF THIS SECTION 25 IN ANY PROCEEDING AS CONCLUSIVE EVIDENCE OF THIS WAIVER OF JURY TRIAL. ADMINISTRATIVE AGENT AND NL COMPANIES EACH FURTHER REPRESENTS AND WARRANTS THAT IT HAS BEEN REPRESENTED IN THE SIGNING OF THIS AGREEMENT AND IN THE MAKING OF THIS WAIVER BY INDEPENDENT LEGAL COUNSEL, if this Lease be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to executeOR HAS HAD THE OPPORTUNITY TO BE REPRESENTED BY INDEPENDENT LEGAL COUNSEL SELECTED OF ITS OWN FREE WILL, 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 sameAND THAT IT HAS HAD THE OPPORTUNITY TO DISCUSS THIS WAIVER WITH COUNSEL.

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, 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 the Land, or any interest of Landlord therein, a certificate signed by a Tenant to the party who gave such notice, or its designate, a statement in writing certifying extent the following are true representations (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 modificationsmodification), (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 Tenant's Estimated Additional Rental have been paid in advancepaid, if any(c) that, except as stated on the Certificate, 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, (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 (or has been changed by notice duly given and is as set forth in the certificate), (f) that except as stated in the certificate, Tenant, as of the certificate and whether or not to the best of knowledge of the signer date of such certificate certificate, has no charge, lien, or claim of offset against Rent due or to become due, (g) that except as stated in the other party certificate, Landlord is not then in default in performance of any covenant agreement or condition contained in under this Lease, and if so(h) as to the amount of Net Rentable Area then occupied by Tenant, Specifying each such default (i) 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 6) 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 purchaser. The failure security agreement and which accurately confirm matters of either party to execute, acknowledge fact 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 Lease. Any such notice, which certificate may be relied upon by any, prospective purchaser, secured party, mortgagee or any beneficiary under any mortgage, deed of trust on by any person holding or proposing to acquire an interest in the Building or any party the Land or ay 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 willA. At any time, at any time and from time to time, within ten Tenant shall, promptly and in no event later than fifteen (1015) business days following written notice by the other party hereto specifying that it is given pursuant to this Sectionafter a request from Landlord, execute, acknowledge and deliver to Landlord a certificate in the party who gave form attached hereto as Exhibit “C” or such noticeother mutually reasonably acceptable form from Landlord (solely to the extent such alternative form is required from an assignee or Landlord Mortgagee) certifying:(i) that Tenant has accepted the Premises (or, if Tenant has not done so, that Tenant has not accepted the Premises, and specifying the reasons therefor); (ii) that this Lease is in full force and effect and 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; (iii) the commencement and expiration dates of the Term, including the terms of any extension options of Tenant; (iv) the date to which the rentals have been paid under this Lease and the amount thereof then payable; (v) whether there are then any existing defaults by Landlord in the performance of its designateobligations under this Lease, and, if there are any such defaults, specifying the nature and extent thereof; (vi) that no notice has been received by Tenant of any default under this Lease beyond any grace or cure periods which has not been cured, except as to defaults specified in the certificate; (vii) the capacity of the person executing such certificate, and that such person is duly authorized to execute the same on behalf of Tenant; (viii) that Landlord has no actual involvement in the management or control of decision making related to the operational aspects or the day-to-day operations of the Premises; and (ix) any other information reasonably requested by Landlord. B. Landlord agrees, when requested by Tenant, but no more frequently than once in any twelve (12) month period, to execute and deliver to Tenant a statement in writing statement, to Landlord’s knowledge, (i) 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 (ii) certifying the date dates to which the annual rent Base Rent and any other payments due hereunder from Tenant Additional Rent have been paid in advance, if anypaid, and (iii) stating whether or not there are defenses or offsets claimed by the maker an Event 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 LeaseDefault exists, and and, if so, Specifying specifying each such default Event of Default of which the maker Landlord 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 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 delivered pursuant hereto may be relied on upon by any person holding lenders or proposing acquirers with whom Tenant transacts. Such statement shall be provided 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 Tenant by Landlord within fifteen (15) business days 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’s written request.

Estoppel Certificate. Landlord and Tenant agree that each will, at any time and from time to timeshall, within ten (10) business days following of receipt of both hard copy and e-mail written 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, a statement in writing substantially in the form attached to this Lease as Exhibit I, or on any other form reasonably requested by a proposed Lender or purchaser, (a) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease as so modified is in full force and effect) and the dates to which rental and other charges are paid in advance, if any, (b) acknowledging that there are not, to Tenant’s knowledge, any uncured defaults on the part of Landlord hereunder, or specifying such defaults if there have been modificationsany are claimed, and (c) setting forth such further information with respect to this Lease or the Premises as may be reasonably requested thereon. Any such statement may be relied upon by any prospective purchaser or encumbrancer of all or any portion of the real property of which the Premises are a part such that Tenant shall be estopped from arguing facts contrary to those set forth in the statement. If Tenant fails to provide such statement within such ten (10) business day period, then Landlord shall provide Tenant with a second hard copy and e-mail written notice requesting that Tenant execute the certificate, provided that such second notice shall be delivered to the notice recipients set forth in Section 2.10 and also to Tenant’s Associate General Counsel, Corporate Finance and Governance (at the same notice address set forth in Section 2.10 and e-mail ▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇) and to ▇▇▇▇▇▇▇ ▇▇▇▇▇ (at Socius Law Group, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, with email ▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇), and shall include a prominent, all capital legend that failure to respond to such notice may result in Default under this Lease. Tenant’s failure to deliver such statement within ten (10) business days following the receipt of the second (2nd) notice shall, at Landlord’s option, constitute a Default (as defined below) under this Lease, and, in any event, shall be binding upon Tenant that the same Lease 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) without modification except 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 represented by Landlord of in any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented certificate prepared by Landlord and delivered to in writing by Landlord, and Tenant shall still remain liable for the sameexecution.

Estoppel Certificate. Landlord and Tenant agree that each will, at (A) At any time and from time to timetime upon written request by Landlord, Tenant hereby agrees to deliver within ten (10) days following written notice by the other party hereto specifying that it is given pursuant after request, a certificate (Estoppel Certificate") to this SectionLandlord or to any present or proposed (a) mortgagee, execute, acknowledge and deliver to the party who gave such notice(b) lessor under a Superior Lease, or its designate(c) purchaser designated by Landlord, a statement in writing certifying the form supplied, certifying: (1) that Tenant has accepted the Premises (or, if Tenant has not done so, that Tenant has not accepted the Premises, and specifying the reasons therefor); (2) 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; (3) the Commencement Date, the Expiration Date and the terms of any extension options of Tenant; (4) the date to which the annual rent Base Rent and any other payments due hereunder from Tenant Additional Rent have been paid in advanceunder this Lease and the amount thereof then payable; (5) the amount of the Security Deposit and prepaid rent, if any, and stating being held by landlord; (6) 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 sothere are any such defaults, Specifying each such specifying the nature and extent thereof; (7) that no notice has been received by Tenant of any 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 guaranteedwhich has not been cured, except as to defaults specified in the certificate; (8) the capacity of the person executing such certificate, and that such person is duly authorized to execute the same on behalf of Tenant; and (9) as may be any other information reasonably requested by Landlord or its present or proposed purchaser, holder of any Mortgagee Mortgage or prospective mortgagee lessor under a Superior Lease. (B) 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 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 days following written 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.

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.