Common use of Estoppel Certificate Clause in Contracts

Estoppel Certificate. Within ten (10) days after request therefor by Landlord, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall deliver to the requesting party a statement in writing: (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; (b) certifying the dates to which the Rent and other charges are paid in advance, if any; (c) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00).

Appears in 4 contracts

Sources: Triple Net Lease Agreement (Zoned Properties, Inc.), Triple Net Lease Agreement (Zoned Properties, Inc.), Lease Agreement (Zoned Properties, Inc.)

Estoppel Certificate. Within Tenant shall, within ten (10) days after request therefor by receipt of written notice from Landlord, or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party a statement in writing: writing substantially in the form attached to this Lease as Exhibit G, or on any other form reasonably requested by a current or proposed Lender or encumbrancer or proposed 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, Lease as so modified, modified is in full force and effect; (b) certifying and the dates to which the Rent rental and other charges are paid in advance, if any; , (cb) acknowledging that there are not, to such partyTenant’s knowledge, any uncured defaults on the part of the requesting party Landlord hereunder, or specifying such defaults if they any are claimed; , and (dc) certifying setting forth such further information with respect to such other matters, relative to the Premises, this Lease or the Premises as may be requested thereon. Upon Landlord’s request, Tenant shall cause the Guarantor to also execute and Tenant, as Landlord may requestdeliver such statement within such time period. Any such statement statements may be relied upon by any prospective purchaser or lender encumbrancer of all or any portion of the Premises or any leasehold interest thereinProperty. The Tenant’s failure to deliver any such statement within such the prescribed time shall, at Landlord’s option be an Event of option, constitute a Default hereunder and under this Lease, and, in any event, shall be conclusive and binding upon Tenant and constitute Tenant’s irrevocable acknowledgement and agreement that all of the party upon whom the request is made that: (i) this Lease is matters stated in full force such statement are true, correct and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)complete.

Appears in 3 contracts

Sources: Lease (Carisma Therapeutics Inc.), Lease (Graybug Vision, Inc.), Lease (Graybug Vision, Inc.)

Estoppel Certificate. Within ten Tenant shall, within five (105) days after request therefor by Landlord, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premisesrequest therefor, or any part thereof, execute and deliver to Landlord an estoppel certificate in favor of Landlord and such other persons as Landlord shall be required from Tenant, Tenant shall deliver to request setting forth the requesting party a statement in writingfollowing: (a) certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature a ratification of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying the dates to which the Rent Commencement Date and other charges are paid in advance, if anyExpiration Date; (c) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effecteffect and has not been assigned, without modification modified, supplemented or amended (except by such writing as may shall be represented by the requesting partystated); (iid) that all conditions under this Lease to be performed by Landlord have been satisfied, or, in the alternative, those claimed by Tenant to be unsatisfied; (e) that there are no uncured defaults on defenses or offsets against the requesting party’s performanceenforcement of this Lease by Landlord, or, in the alternative, those claimed by Tenant; (f) the amount of advance rent, if any (or none if such is the case), paid by Tenant; (g) the date to which rent has been paid; and (iiih) no Rent has been paid in advancesuch other information as Landlord may request. Landlord’s mortgage lenders and purchasers shall be entitled to rely upon any estoppel certificate executed by Tenant. If Tenant is required or requested fails to execute more than one such estoppel certificate or similar document in any twelve within such five (125) month day period, Landlord may execute the same on behalf of Tenant as Tenant’s duly authorized attorney-in-fact. For such purpose, Tenant hereby makes, constitutes and appoints Landlord as Tenant’s true and lawful attorney to act for Tenant and in Tenant’s name, place and stead and for Tenant’s use and benefit. Such power of attorney shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up be irrevocable and shall be deemed to a total charge of five hundred dollars ($500.00)be coupled with an interest.

Appears in 2 contracts

Sources: Credit Agreement (Herbst Gaming Inc), Credit Agreement (Herbst Gaming Inc)

Estoppel Certificate. Within Each party hereto agrees that at any time and from time to time during the term of this Lease, it will promptly, but in no event later than ten (10) days after request therefor by Landlordthe other party hereto, or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting such other party a statement in writing: certificate stating, to the best of such party's knowledge, (a) certifying that whether or not this Lease is unmodified and in full force and effect or(or if there have been modifications, if that this Lease is in force and effect as modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effectsetting forth any modifications); (b) certifying the dates date to which the Basic Rent, Additional Rent and other charges are paid in advance, if anysums payable hereunder have been paid; (c) acknowledging that whether or not there is an existing default by Lessee in the payment of Basic Rent or any other 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 served or of which the signer has Actual Knowledge, and, if there is any such default, specifying the nature and extent thereof, (d) whether or not there are notany existing setoffs, to such party’s knowledge, any uncured defaults on the part defenses or counterclaims against enforcement of the requesting obligations to be performed hereunder existing in favor of the party hereunder, executing such certificate; (e) stating that Lessee is in possession of the Demised Premises or specifying such defaults if setting forth the parties in possession and identifying the instruments pursuant to which they are claimedtook possession; and (df) certifying to stating such other matters, relative information with respect to the Premises, Demised Premises and/or this Lease and Tenant, as Landlord may requestbe reasonably requested. Any such statement certificate may be relied upon by Lessor and the Mortgagee and by any prospective potential purchaser from the Lessor or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)Mortgagee.

Appears in 2 contracts

Sources: Asset Purchase Agreement (Holiday Rv Superstores Inc), Lease Agreement (Holiday Rv Superstores Inc)

Estoppel Certificate. Within ten (10) The tenant shall at any time and from time to time upon five days after request therefor by Landlord, prior notice from the landlord execute and deliver to the landlord or if on the landlord’s mortgagees or a prospective purchaser of the premises or the whole or any sale, assignment or hypothecation by Landlord portion of Landlordthe landlord’s interest in the Premisespremises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall deliver to the requesting party a statement in writing: (a) writing confirming the terms of this lease, certifying that this Lease is the lease in unmodified and is in full force and effect (or, if modified, stating the nature of such modification modifications and certifying that this Lease, as so modified, the same is in full force and effect; (b) certifying effect as modifies), the amount of the rent then being paid hereunder, the dates to which the Rent rent and other charges hereunder have been paid, that the landlord has complied with all the terms of this lease, that the premises are paid in advanceacceptable to the tenant, if any; (c) acknowledging that the tenant shall not amend, modify or surrender this lease or make any prepayment of the rent other than the rent for the current month without the prior written consent of the landlord’s mortgagees, that there are notno outstanding set-offs or equities disclosed or undisclosed as between the landlord and the tenant, to such partythat no money other than a maximum of one month’s knowledge, any uncured defaults on rent in accordance with the part provisions of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative lease has been prepaid by the tenant to the Premiseslandlord, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon that the tenant is aware of the assignment by any prospective purchaser or lender the landlord to the landlord’s mortgagees of all or rent under this lease, and any portion other matters pertaining to this lease in respect of which the landlord may desire certification. The tenant hereby irrevocably constitute and appoints the landlord the agent and attorney of the Premises or any leasehold interest therein. The failure to deliver tenant for the purpose of executing and delivering such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant certificates for its legal fees incurred in having such documents reviewed, up to a total charge and on behalf of five hundred dollars ($500.00)the tenant.

Appears in 2 contracts

Sources: Lease Agreement, Lease Agreement (Bi-Optic Ventures Inc)

Estoppel Certificate. Within Tenant shall at any time and from time to time upon not less than ten (10) days after request therefor by prior notice from Landlord, or if on any sale, assignment or hypothecation by execute acknowledge and deliver to Landlord of Landlord’s interest in the Premises, or any part thereofproposed mortgagee, an estoppel certificate shall be required from Tenantpurchaser or successor in interest, Tenant shall deliver to the requesting party a statement in writingwriting in the form provided by Landlord certifying to the following: (ai) certifying that this Lease is unmodified and in full force and effect or(or if there have been modifications, if modified, stating that the nature of such modification and certifying that this Lease, as so modified, is same are in full force and effect; effect as modified and stating the modifications, (bii) certifying the dates to which the Rent Monthly Rent, additional rent and other charges are have been paid in advance, if any; , (ciii) acknowledging that there are notwhether Landlord is in default in the performance of any covenant, to agreement or condition contained in this Lease and, if so, specifying each such party’s default of which Tenant may have knowledge, any uncured defaults on the part of the requesting party hereunderand stating such other reasonable matters as Landlord may request, or specifying such defaults if they are claimed; and (div) certifying to such other matters, relative to the Premises, information concerning this Lease and Tenant, as Landlord may request. Any Tenant acknowledges that any such statement delivered pursuant to this paragraph may be relied upon by Landlord, any prospective purchaser mortgagee, ground lessor or lender of all other like encumbrance thereof or any portion assignee of any such encumbrancer upon the Premises of the Premises or any leasehold interest thereinProject. The failure In the event Tenant fails to deliver provide such statement as above described within ten (10) days after Landlord's request therefore, such time shall, failure at Landlord’s option be an Event the election of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse constitute a non-curable material default of Tenant for its legal fees incurred in having hereunder, or Landlord may execute such documents reviewedon behalf of Tenant as Tenant's attorney-in-fact. Tenant does hereby make, up constitute and irrevocably appoint Landlord as its attorney-in-fact and in its name, place and stead so to a total charge of five hundred dollars ($500.00)do and such documents shall thereafter be conclusively binding on Tenant.

Appears in 2 contracts

Sources: Lease (Optimer Pharmaceuticals Inc), Lease (Optimer Pharmaceuticals Inc)

Estoppel Certificate. Within The Tenant agrees that from time to time upon not less than ten (10) days after business days' prior request therefor by Landlord, or if on the holder of any saleMortgage or any ground lessor, assignment the Tenant (or hypothecation by Landlord of Landlord’s interest in the Premisesany permitted assignee, subtenant, licensee, concessionaire, or any part thereofother occupant of the Premises claiming by, an estoppel certificate shall be required from through, or under Tenant, Tenant shall ) will deliver to Landlord or to the requesting party holder of any Mortgage or ground lessor, a statement in writing: writing signed by Tenant certifying (a) certifying that this Lease is unmodified and in full force and effect or(or if there have been modifications, if modified, stating that the nature of such modification and certifying that this Lease, lease as so modified, modified is in full force and effecteffect and identifying the modifications); (b) certifying the date upon which Tenant began paying Rent and the dates to which the Rent and other charges are paid in advancehave been paid, if any; (c) acknowledging that the Landlord is not in default under any provision of this Lease, or, if in default, the nature thereof in detail; (d) that the Premises have been completed in accordance with the terms hereof and Tenant is in occupancy and paying Rent on a current basis with no rental offsets or claims; (e) that there has been no prepayment of Rent other than that provided for in the Lease; (f) that there are notno actions, to such party’s knowledgewhether voluntary or otherwise, any uncured defaults on pending against Tenant under the part bankruptcy laws of the requesting party hereunderUnited States or any State thereof, or specifying such defaults if they are claimed; and (dg) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except matters as may be represented required by Landlord, the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advanceholder of any Mortgage or ground lessor. If Tenant is required or requested to execute more than one estoppel certificate or requests a similar document in any twelve (12) month periodstatement, stating the status of this Lease, Landlord shall reimburse provide same to Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars within ten ($500.00)10) business days.

Appears in 2 contracts

Sources: Office Lease (Hewitt Associates Inc), Office Lease (Hewitt Holdings LLC)

Estoppel Certificate. Within Tenant agrees that from time to time upon not less than ten (10) days after days’ prior request therefor by Landlord, or if on any saleexisting or prospective Mortgagee or Ground Lessor, assignment Tenant will, and Tenant will cause any subtenant, licensee, concessionaire or hypothecation by other occupant of the Premises claiming by, through or under Tenant, to complete, execute and deliver to Landlord of or Landlord’s interest in the Premisesdesignee or to any existing or prospective Mortgagee or Ground Lessor, or any part thereof, an a written estoppel certificate shall be required from Tenant, Tenant shall deliver to the requesting party a statement in writing: certifying (a) certifying that this Lease is unmodified and is in full force and effect or(or if there have been modifications, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effecteffect and setting forth the modifications); (b) certifying the dates to which amounts of the monthly installments of Base Rent and other charges are Additional Rent Estimate then required to be paid in advance, if anyunder this Lease; (c) acknowledging the date to which Rent has been paid; (d) that there are not, to such partythe best of Tenant’s knowledge, Landlord is not in default under any uncured defaults on the part of the requesting party hereunderprovisions of this Lease, or specifying such defaults if they are claimedin default, the nature thereof in detail and what is required to cure same; and (de) certifying to such other matters, relative to information concerning the Premises, status of this Lease and or the parties’ performance hereunder reasonably requested by Landlord or the party to whom such estoppel certificate is to be addressed. Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The ’s failure to complete, execute and deliver such statement estoppel certificate within the aforesaid 10-day period, if such time shallfailure continues for five (5) days after written notice to Tenant of such failure, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) deemed to be a Default under Section 19 of this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)Lease.

Appears in 2 contracts

Sources: Office Lease (Archipelago Holdings L L C), Office Lease (Archipelago Holdings L L C)

Estoppel Certificate. Within ten (10) Tenant shall, within 10 business days after request therefor by of written notice from Landlord, or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party a statement in writing: writing in any form reasonably requested by a proposed lender or purchaser, (ai) 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, Lease as so modified, modified is in full force and effect; (b) certifying and the dates to which the Rent rental and other charges are paid in advance, if any; , (cii) acknowledging that there are not, to such party’s knowledge, not any uncured defaults on the part of the requesting party Landlord hereunder, or specifying such defaults if they any are claimed; , and (diii) certifying to setting forth such other matters, relative further information with respect to the Premises, status of this Lease and Tenant, or the Premises as Landlord may requestbe requested thereon. Any such statement may be relied upon by any prospective purchaser or lender encumbrancer of all or any portion of the real property of which the Premises or any leasehold interest thereinare a part. The If Tenant has failed to execute and deliver an estoppel certificate as required pursuant to this Section 23 within 10 business days of written notice from Landlord, Landlord shall deliver a second written notice to Tenant. Tenant’s failure to deliver such statement within 5 days after Landlord’s delivery of such time second notice shall, at the option of Landlord’s option be an Event of , constitute a Default hereunder and under this Lease, and, in any event, shall be conclusive and binding upon Tenant that the party upon whom the request is made that: (i) this Lease is in full force and effect, effect and without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document Landlord in any twelve (12) month period, certificate prepared by Landlord shall reimburse and delivered to Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)execution.

Appears in 2 contracts

Sources: Lease Agreement (Heat Biologics, Inc.), Lease Agreement (Heat Biologics, Inc.)

Estoppel Certificate. Within The Tenant agrees that from time to time upon not less than ten (10) days after business days' prior request therefor by Landlord, or if on the holder of any saleMortgage or any ground lessor, assignment the Tenant (or hypothecation by Landlord of Landlord’s interest in the Premisesany permitted assignee, subtenant, licensee, concessionaire, or any part thereofother occupant of the Premises claiming by, an estoppel certificate shall be required from through, or under Tenant, Tenant shall ) will deliver to Landlord or to the requesting party holder of any Mortgage or ground lessor, a statement in writing: writing signed by Tenant certifying (a) certifying that this Lease is unmodified and in full force and effect or(or if there have been modifications, if modified, stating that the nature of such modification and certifying that this Lease, lease as so modified, modified is in full force and effecteffect and identifying the modifications); (b) certifying the date upon which Tenant began paying Rent and the dates to which the Rent and other charges are paid in advancehave been paid, if any; (c) acknowledging that the Landlord is not in default under any provision of this Lease, or, if in default, the nature thereof in detail; (d) that the Premises have been completed in accordance with the terms hereof and Tenant is in occupancy and paying Rent on a current basis with no rental offsets or claims; (e) that there has been no prepayment of Rent other than that provided for in the Lease; (f) that there are notno actions, to such party’s knowledgewhether voluntary or otherwise, any uncured defaults on pending against Tenant under the part bankruptcy laws of the requesting party hereunderUnited States or any State thereof, or specifying such defaults if they are claimed; and (dg) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except matters as may be represented required by Landlord, the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advanceholder of any Mortgage or ground lessor. If Tenant is required or requested to execute more than one estoppel certificate or requests a similar document in any twelve (12) month period, statement stain the status of this Lease Landlord shall reimburse provide same to Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)within ten 10 business days.

Appears in 2 contracts

Sources: Office Lease (Hewitt Holdings LLC), Office Lease (Hewitt Associates Inc)

Estoppel Certificate. Within ten (10a) Tenant shall, without charge, at any time and 641 from time to time, within twenty (20) days after request therefor by Landlord or Landlord’s mortgagee, certify by 642 written instrument, duly executed, acknowledged and delivered, addressed to Landlord or any party 643 designated by Landlord, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall deliver to the requesting party a statement in writing: that (ai) certifying that this Lease is unmodified and in full force and effect or, (or if modified, stating there shall have 644 been modifications that the nature of such modification and certifying that this Lease, as so modified, same is in full force and effect; (beffect as modified and stating the modifications) certifying and 645 the dates to which the Rent rent and other charges are paid in advancehave been paid, if any; (cii) acknowledging that there are the date of expiration of the Term, (iii) 646 the Rent then payable under this Lease, (iv) whether or not, to the best knowledge of the officer executing 647 such party’s certificate on behalf of Tenant, Landlord is in default in performance of any covenant, agreement or 648 condition contained in this Lease and, if so, specifying each such default of which the person executing 649 such certificate may have knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (dv) certifying any other matter reasonably requested by Landlord. 650 651 (b) Landlord shall, without charge, at any time and from time to such other matterstime, relative within twenty (20) 652 days after request by Tenant or Tenant’s mortgagee, certify by written instrument, duly executed, 653 acknowledged and delivered, addressed to the Premises, this Lease and Tenant or any party designated by Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: that (i) this Lease is 654 unmodified and in full force and effecteffect (or if there shall have been modifications that the same is in full 655 force and effect as modified and stating the modifications) and the dates to which the rent and other 656 charges have been paid, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and date of expiration of the Term, (iii) no the Rent has been paid in advance. If then payable under this 657 Lease, (iv) whether or not, to the best knowledge of the officer executing such certificate on behalf of 658 Landlord, Tenant is required in default in performance of any covenant, agreement or condition contained in this 659 Lease and, if so, specifying each such default of which the person executing such certificate may have 660 knowledge, and (v) any other matter reasonably requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00).by Tenant. 661

Appears in 2 contracts

Sources: Parking Lease Agreement, Parking Lease Agreement

Estoppel Certificate. Within Tenant shall, within ten (10) business days after request therefor by receipt of written notice from Landlord, or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party a statement in writing: writing substantially in the form attached to this Lease as Exhibit C, or on any other form reasonably requested by a current or proposed lender or encumbrancer or proposed 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, Lease as so modified, modified is in full force and effect; (b) certifying and the dates to which the Rent rental and other charges are paid in advance, if any; , (cb) acknowledging that there are not, to such party’s Tenant's actual knowledge, any uncured defaults on the part of the requesting party Landlord hereunder, or specifying such defaults if they any are claimed; , and (dc) certifying setting forth such further information with respect to such other matters, relative to the Premises, this Lease and Tenant, or the Premises as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender requested thereon. Each Guarantor shall, within ten (10) days after receipt of all written notice from Landlord, execute, acknowledge and deliver a statement in writing in the same form. Tenant's or any portion of the Premises or any leasehold interest therein. The Guarantor's failure to deliver any such statement within such the prescribed time shall, at Landlord’s option be an Event of 's option, constitute a Default hereunder and (as defined below) under this Lease, and, in any event, shall be conclusive and binding upon Tenant or such Guarantor (as applicable) that the party upon whom the request is made that: (i) this Lease is and such Guaranty are in full force and effect, effect and without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document Landlord in any twelve certificate prepared by Landlord and delivered to Tenant or such Guarantor (12as applicable) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)execution.

Appears in 2 contracts

Sources: Lease Agreement (Innovative Industrial Properties Inc), Purchase and Sale Agreement (Innovative Industrial Properties Inc)

Estoppel Certificate. Within Tenant shall, without charge, at any time and from time to time, within ten (10) business days after the request therefor by Landlord, any ground lessor, the holder of any indebtedness secured by the Land, the Building or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premisesboth, or any part thereofprospective purchaser of the Land, an estoppel certificate shall be required from Tenantthe Building or both, Tenant shall or to any other person or entity designated by Landlord, execute, acknowledge and deliver to the such requesting party a statement in writingwritten estoppel certificate certifying, as of the date of such certificate: (a) certifying that this Lease is unmodified and in full force and effect or(or if there has been a modification, if modified, stating that the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying the dates to which the Rent and other charges are paid in advance, if any; (c) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effecteffect as modified and setting forth such modifications); (b) the amounts of Monthly Base Rent, without modification except as Percentage Rent and Additional Rent currently due and payable by Tenant; (c) that Tenant has accepted possession of the Premises; (d) to the best of Tenant's knowledge, whether or not there are then existing any setoffs, charges, liens, claims or defenses against the enforcement of any right hereunder (and, if so, specifying the same in detail); (e) that Tenant has no knowledge of any then uncured defaults by Landlord of its obligations under this Lease; (f) that Tenant is not in default; and (g) to the best of Tenant's knowledge, any other factual certifications requested. Any statement delivered pursuant to this paragraph may be represented relied on by the requesting party; (ii) there are no uncured defaults on . Tenant's failure to timely deliver the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, after request by Landlord immediately shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge be deemed an Event of five hundred dollars ($500.00)Default without cure under this Lease.

Appears in 2 contracts

Sources: Lease Agreement (Smith & Wollensky Restaurant Group Inc), Specific Assignment, Subordination, and Attornment Agreement (New York Restaurant Group Inc)

Estoppel Certificate. Within Tenant agrees that from time to time within ten (10) days after of written request therefor by received from Landlord, or if on the holder of any saleFirst Mortgage, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, Tenant (or any part thereofpermitted assignee, an estoppel certificate shall be required from subtenant, licensee, concessionaire or other occupant of the Premises claiming by, through or under Tenant, Tenant shall ) will deliver to Landlord or to the requesting party holder of any First Mortgage, a statement in writing: writing signed by Tenant (and/or such other party) certifying (a) certifying that this Lease is unmodified and in full force and effect or(or if there have been modifications, if modified, stating the nature of such modification and certifying that this Lease, Lease as so modified, modified is in full force and effecteffect and identifying the modifications); (b) certifying the date upon which Tenant began paying Rent and the dates to which the Rent and other charges are paid in advance, if anyhave been paid; (c) acknowledging that Landlord is not in default under any provision of this Lease, or, if in default, the nature thereof in detail; (d) that the Premises have been completed in accordance with the terms hereof and Tenant is in occupancy and paying Rent on a current basis with no rental offsets or claims; ( e) that there has been no prepayment of Rent other than that provided for in this Lease; (f) that there are notno actions, to such party’s knowledgewhether voluntary or involuntary, any uncured defaults on pending against Tenant under the part bankruptcy laws of the requesting party hereunder, United States or specifying such defaults if they are claimedany State thereof; and (dg) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except matters as may be represented required by Landlord or the requesting party; (ii) there are no uncured defaults on holder of the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)First Mortgage.

Appears in 2 contracts

Sources: Office Lease (Caladrius Biosciences, Inc.), Office Lease (Regado Biosciences Inc)

Estoppel Certificate. Within Tenant shall, within ten (10) business days after request therefor by receipt of written notice from Landlord, or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party a statement in writing: writing substantially in the form attached to this Lease as Exhibit C, or on any other form reasonably requested by a current or proposed lender or encumbrancer or proposed 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, Lease as so modified, modified is in full force and effect; (b) certifying and the dates to which the Rent rental and other charges are paid in advance, if any; , (cb) acknowledging that there are not, to such party’s Tenant's knowledge, any uncured defaults on the part of the requesting party Landlord hereunder, or specifying such defaults if they any are claimed; , and (dc) certifying setting forth such further information with respect to such other matters, relative to the Premises, this Lease and Tenant, or the Premises as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender reasonably requested thereon. Each Guarantor shall, within ten (10) days after receipt of all written notice from Landlord, execute, acknowledge and deliver a statement in writing in the same form. Tenant's or any portion of the Premises or any leasehold interest therein. The Guarantor's failure to deliver any such statement within such the prescribed time shall, at Landlord’s option be an Event of 's option, constitute a Default hereunder and (as defined below) under this Lease, and, in any event, shall be conclusive and binding upon Tenant or such Guarantor (as applicable) that the party upon whom the request is made that: (i) this Lease is and such Guaranty are in full force and effect, effect and without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document Landlord in any twelve certificate prepared by Landlord and delivered to Tenant or such Guarantor (12as applicable) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)execution.

Appears in 2 contracts

Sources: Lease Agreement (Innovative Industrial Properties Inc), Lease Agreement (Innovative Industrial Properties Inc)

Estoppel Certificate. Within At any time, and from time to time, Lessee shall, promptly and in no event later than ten (10) days Business Days after a request therefor by Landlordfrom Lessor or any Lender or mortgagee of Lessor, execute, acknowledge and deliver to Lessor or if on any salesuch Lender or mortgagee, assignment or hypothecation by Landlord of Landlord’s interest as the case may be, a certificate in the Premisesform supplied by Lessor, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall deliver to the requesting party a statement in writingcertifying: (a) certifying that this Lease is unmodified and in full force and effect or, if modified, stating Lessee has accepted the nature of such modification and certifying that this Lease, as so modified, is in full force and effectProperties; (b) certifying the dates to which the Rent and other charges are paid in advance, if any; (c) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) 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, without modification the certificate shall so specify the reasons therefor; (c) the commencement and expiration dates of the Lease Term; (d) the date to which the Rentals have been paid under this Lease and the amount thereof then payable; (e) whether there are then any existing defaults by Lessor in the performance of its obligations under this Lease, and, 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 which has not been cured, except as may be represented by to defaults specified in the requesting partycertificate; (iig) there are no uncured defaults 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 requesting party’s performancemanagement 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 (iiii) no Rent has been paid in advanceany other information reasonably requested by Lessor or any Lender or mortgagee, as the case may be. If Tenant is required Lessee shall fail or requested refuse to sign a certificate in accordance with the provisions of this Section within ten (10) days following a request by Lessor, Lessee irrevocably constitutes and appoints Lessor as its attorney‑in‑fact to execute more than one estoppel and deliver the certificate or similar document in to any twelve (12) month periodsuch third party, Landlord shall reimburse Tenant for its legal fees incurred in having it being stipulated that such documents reviewed, up to a total charge power of five hundred dollars ($500.00)attorney is coupled with an interest and is irrevocable and binding.

Appears in 2 contracts

Sources: Master Lease Agreement (Synalloy Corp), Master Lease Agreement (Synalloy Corp)

Estoppel Certificate. Within Tenant shall within ten (10) days after receipt of a request therefor by Landlordtherefore from Landlord execute, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party Landlord a statement in writing: , (ai) 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; (b) certifying effect and the dates date to which the Rent and other charges are paid in advance, if any; ), and (cii) acknowledging that there are not, to such partyTenant’s knowledge, any uncured defaults on the part of the requesting party Landlord hereunder, or specifying such defaults defaults, if they any are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be inclusively relied upon by any a prospective purchaser or lender of all or any portion encumbrancer of the Premises or any leasehold interest thereinpremises. The Tenant’s failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: Tenant, (i) that this Lease is in full force and effect, effect without modification except as may be represented by the requesting party; Landlord, (ii) that there are no uncured defaults on the requesting partyin Landlord’s performance; , and (iii) no that not more than one month’s Rent has been paid in advance. If Landlord desires to finance or refinance the project or any part thereof, Tenant is hereby agrees to deliver to any lender designated by Landlord such financial statements of Tenant as may be reasonably required or requested to execute more than one estoppel certificate or similar document by such lender. All such financial statements shall be received by Landlord in any twelve (12) month period, Landlord confidence and shall reimburse Tenant be used only for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)the purposes herein set forth.

Appears in 2 contracts

Sources: Lease Agreement, Industrial Lease (Sunpower Corp)

Estoppel Certificate. Within ten (10) days after request therefor by Landlord, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the PremisesProject, Building, Lot and/or Parking Area, or any part thereof, an estoppel Estoppel certificate shall be required from Tenant, Tenant shall deliver deliver, in recordable form, such a certificate to any proposed mortgagee or purchaser, and to Landlord, certifying (if such be the requesting party a statement in writing: case) that (ai) 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; (bii) certifying the dates to which the Rent date of Tenant’s most recent payment of Rent, and other charges are paid in advancethat Tenant has no defenses or offsets outstanding, if anyor stating those offsets or defenses claimed by Tenant; (ciii) acknowledging that there are not, to such partyand any other information reasonably requested. Tenant’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such said certificate in time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made Tenant that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting partyLandlord; (ii) there are no uncured defaults on the requesting partyin Landlord’s performanceperformance and Tenant has no right of offset, counterclaim or deduction against Rent hereunder; and (iii) no more than one period’s Base Rent has been paid in advance. If Failure of Tenant is required to deliver such a certificate to Landlord or requested to execute more than one estoppel certificate any proposed mortgagee or similar document purchaser within ten (10) days following Landlord’s request therefor shall be deemed Tenant’s acknowledgment of the correctness of the statements made in any twelve (12the foregoing sentence and that the aforementioned mortgagee(s) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)and/or purchaser(s) may rely on said statements.

Appears in 2 contracts

Sources: Consent to Assignment Agreement (Zogenix, Inc.), Consent to Assignment Agreement (Zogenix, Inc.)

Estoppel Certificate. Within ten Subtenant shall, at any time and from time to time upon not less than twenty (1020) days after request therefor days’ prior notice by LandlordSublandlord execute, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party Sublandlord a statement in writing: (a) certifying that this Lease Sublease is unmodified and in full force and effect or(or if there have been modifications, if modified, stating that the nature of such modification and certifying that this Lease, as so modified, same is in full force and effect; (b) certifying effect as so modified and stating the modifications), the dates to which the Rent and other charges are have been paid in advance, if any; (c) acknowledging that there are not, stating to the actual knowledge of Subtenant, whether or not Sublandlord is in default in the performance of any covenant, agreement, or condition contained in this Sublease and, if so, specifying each such party’s knowledge, default of which Subtenant may have knowledge and containing any uncured defaults on other information and certifications relating to this Sublease and the part rights and obligations of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord parties hereunder that reasonably may requestbe requested by Sublandlord. Any such statement delivered pursuant to this Section 18 may be relied upon by Sublandlord and any prospective purchaser of the Building or lender of all the land thereunder or any portion of mortgagee, ground lessor or other like encumbrancer upon the Premises Building or any the Land, or Sublandlord’s leasehold interest therein. The Subtenant’s failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) deemed a statement that this Lease Sublease is in full force and effect, without modification modification, except as may be represented by the requesting party; (ii) Sublandlord in such request, that there are no uncured Events of Default or events that with the giving of notice or passage of time would constitute Events of Default, that there are no material defaults on the requesting partyin Sublandlord’s performance; , and (iii) no that not more than one month’s installment of Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00).

Appears in 2 contracts

Sources: Sublease (Cascadian Therapeutics, Inc.), Sublease (Cti Biopharma Corp)

Estoppel Certificate. Within ten Tenant shall execute (10and acknowledge if required by any lender or ground lessor) and deliver to Landlord, within five (5) days after request therefor by Landlord, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from provides such to Tenant, Tenant shall deliver to the requesting party a statement in writing: (a) writing 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 Leasemodification), as so modified, is in full force and effect; (b) certifying the dates date to which the Rent and other charges are paid in advance, if any; (c) , acknowledging that there are not, to such party’s Tenant's knowledge, any uncured defaults on the part of the requesting party hereunder, Landlord hereunder or specifying such defaults if they as are claimed; , and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, matters as Landlord may requestreasonably require. Any such statement may be conclusively relied upon by Landlord and any prospective purchaser or lender of all or any portion encumbrancer of the Premises or any leasehold interest thereinPremises. The Tenant's failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: Tenant that (ia) this Lease is in full force and effect, without modification except as may be represented by the requesting partyLandlord; (iib) there are no uncured defaults on the requesting party’s in Landlord's performance; and (iiic) no not more than one month's Rent has been paid in advance, except in those instances when Tenant pays Rent quarterly in advance pursuant to Section 8 hereof, then not more than three month's Rent has been paid in advance. If Failure by Tenant is required to so deliver such certified estoppel certificate shall be a material default of the provisions of this Lease. Tenant shall be liable to Landlord, and shall indemnify Landlord from and against any loss, cost, damage or requested expense, incidental, consequential, or otherwise, arising or accruing directly or indirectly, from any failure of Tenant to execute more than one or deliver to Landlord any such certified estoppel certificate or similar document in certificate, together with any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)and all Enforcement Expenses.

Appears in 2 contracts

Sources: Lease Agreement (Infiniti Solutions LTD), Lease Agreement (Interlink Electronics)

Estoppel Certificate. Within ten (10) days after request therefor by Landlord, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall deliver to the requesting party a statement in writing: (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; (b) certifying the dates to which the Rent and other charges are paid in advance, if any; (c) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00).

Appears in 2 contracts

Sources: Absolute Net Ground Lease Agreement (Zoned Properties, Inc.), Absolute Net Lease Agreement (Zoned Properties, Inc.)

Estoppel Certificate. Within ten (10) days after request therefor of Landlord’s written request, Tenant shall provide Landlord with an Estoppel certificate, in such form as required by Landlord, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, its mortgagee or any part thereofthird party, an estoppel certificate shall be required from Tenantindicating, Tenant shall deliver to the requesting party a statement in writing: extent same is true (a) certifying that this Lease is unmodified and in full force and effect or, if modifiednot true, stating the nature of such modification and certifying correct facts), that this Lease, as so modified, is in full force and effect; (b) certifying the dates to which the Rent and other charges are paid in advance, if any; (c) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there have been no modifications of this Lease other than that which has been disclosed, there are no uncured defaults on the requesting partypart of Landlord, the amount of Rent and the date of Rent last paid, that Tenant is not entitled to any future Rent concessions, that Tenant has no purchase rights, extension rights or other rights of first refusal and such other information requested by Landlord or Landlord’s performance; mortgagee. Landlord and (iii) no Rent has been paid Tenant intend that any statement delivered pursuant to this Paragraph may be relied upon by any mortgagee, beneficiary or purchaser and Tenant shall be liable for all loss, cost or expense resulting from the failure of any sale or funding of any loan caused by any material misstatement contained in advancesuch Estoppel certificate. If Tenant is required or requested fails to execute more than one estoppel and deliver such certificate or similar document in any twelve within such ten (1210) month day period, same shall be deemed a material default under this Lease and Landlord or Landlord’s beneficiary, agent or mortgagee may execute and deliver such Estoppel certificate on Tenant’s behalf, and that such Estoppel certificate shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)be fully binding upon Tenant.

Appears in 2 contracts

Sources: Commercial Lease Agreement (Zomedica Pharmaceuticals Corp.), Commercial Lease Agreement (Zomedica Pharmaceuticals Corp.)

Estoppel Certificate. Within Tenant agrees that, from time to time upon not less than ten (10) days after days’ prior request therefor by Landlord, or if on any saleexisting or prospective Mortgagee or Ground Lessor, assignment Tenant will, and Tenant will cause any subtenant, licensee, concessionaire or hypothecation by other occupant of the Leased Premises claiming by, through or under Tenant, to complete, execute and deliver to Landlord of or Landlord’s interest in the Premisesdesignee or to any existing or prospective mortgagee or ground lessor, or any part thereof, an a written estoppel certificate shall be required from Tenant, Tenant shall deliver to the requesting party a statement in writing: certifying (ai) certifying that this Lease is unmodified and is in full force and effect or(or if there have been modifications, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying effect and setting forth the dates to which the Rent and other charges are paid in advance, if any; (c) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting partymodifications); (ii) there are no uncured defaults on the requesting partyamounts of the monthly installments of Base Rental, Tenant’s performanceForecast 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 Base Rental, Tenant’s Forecast Additional Rental, Tenant’s Additional Rental Adjustment and other sums required to be paid under this Lease by Tenant have been paid; (iv) that Landlord is not in default under any of the provisions of this Lease, or if in default, the nature thereof in detail and what is required to cure same; and (iiiv) no Rent has been paid in advance. If Tenant is required such other information concerning the status of this Lease or the parties’ performance hereunder reasonably requested by Landlord or the party to execute more than one whom such estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up is to a total charge of five hundred dollars ($500.00)be addressed.

Appears in 2 contracts

Sources: Office Lease Agreement (Cumberland Pharmaceuticals Inc), Office Lease Agreement (Cumberland Pharmaceuticals Inc)

Estoppel Certificate. Within ten (10) Tenant shall, within 10 business days after request therefor by of written notice from Landlord, or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party a statement in writing: writing in any form reasonably requested by a proposed lender or purchaser, (ai) 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, Lease as so modified, modified is in full force and effect; (b) certifying and the dates to which the Rent rental and other charges are paid in advance, if any; , (cii) acknowledging that there are not, to such party’s knowledge, not any uncured defaults on the part of the requesting party Landlord hereunder, or specifying such defaults if they any are claimed; , and (diii) certifying to setting forth such other matters, relative further information with respect to the Premises, status of this Lease and Tenant, or the Premises as Landlord may requestbe requested thereon. Any such statement may be relied upon by any prospective purchaser or lender encumbrancer of all or any portion of the real property of which the Premises or any leasehold interest thereinare a part. The Tenant’s failure to deliver such statement within such time shall, at the option of Landlord’s option be an Event of , constitute a Default hereunder and under this Lease, and, in any event, shall be conclusive and binding upon Tenant that the party upon whom the request is made that: (i) this Lease is in full force and effect, effect and without modification except as may be represented by Landlord in any certificate prepared by Landlord and delivered to Tenant for execution. Upon request by Tenant no more than once in any 12 month period during the requesting party; Term, Landlord will similarly execute an estoppel certificate: (i) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease as so modified is in full force and effect) and the dates to which the rental and other charges are paid in advanced, if any, and (ii) acknowledging that there are no uncured defaults not, to Landlord’s knowledge, any Defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If part of Tenant is required hereunder, or requested to execute more than one estoppel certificate or similar document in specifying such Defaults if any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)are claimed.

Appears in 2 contracts

Sources: Lease Agreement, Lease Agreement (Ligand Pharmaceuticals Inc)

Estoppel Certificate. Within ten (10) days after request therefor by Landlordeither party, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant other party shall deliver to the requesting party party, in recordable form, a statement in writing: certificate certifying (if such be the case, or otherwise setting forth any exceptions thereto) that (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; (b) certifying the dates to which the Rent and other charges are paid in advancedate of Tenant's most recent payment of Rent, if any; or setting forth any exceptions (c) acknowledging that there are notthe certifying party has no defenses or offsets outstanding, or stating those offsets or defenses claimed by the certifying party; (d) that to such the certifying party’s 's knowledge, any uncured defaults on the part of the requesting party hereunderhas no defenses or offsets outstanding, or specifying such defaults if they are claimedstating those offsets or defenses claimed by the other party; and (de) certifying to such and any other matters, relative to the Premises, this Lease and information reasonably requested. Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The 's failure to deliver such statement within such said certificate in time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made Tenant that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting partyLandlord; (ii) there are no uncured defaults on the requesting party’s performancein Landlord's performance and Tenant has no right of offset, counterclaim or deduction against Rent hereunder; and (iii) no more than one period's Base Rent has been paid in advance. If Tenant Landlord's failure to deliver said certificate in time shall be conclusive upon Landlord that: (x) this Lease is required or requested in full force and effect, without modification except as may be represented by Tenant; (y) there are no uncured defaults in Tenant's performance; and (z) Tenant's representation as to execute more than one estoppel the amount of Base Rent that has been paid in advance is correct. Failure of a party to deliver such a certificate or similar document to the other party within ten (10) days following Landlord's request therefor shall be deemed such party's acknowledgment of the correctness of the statements made in any twelve (12the foregoing sentence and that the requesting party's mortgagee(s) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)and/or purchaser(s) may rely on said statements.

Appears in 2 contracts

Sources: Lease Agreement (Iomega Corp), Office Lease (Jni Corp)

Estoppel Certificate. Within Tenant shall, within ten (10) days after request therefor by receipt of written notice from Landlord, or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party a statement in writing: writing substantially in the form attached to this Lease as Exhibit G, or on any other form reasonably requested by a current or proposed Lender or encumbrancer or proposed 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, Lease as so modified, modified is in full force and effect; (b) certifying and the dates to which the Rent rental and other charges are paid in advance, if any; , (cb) acknowledging that there are not, to such partyTenant’s knowledge, any uncured defaults on the part of the requesting party Landlord hereunder, or specifying such defaults if they any are claimed; , and (dc) certifying setting forth such further information with respect to such other matters, relative to the Premises, this Lease and Tenant, or the Premises as Landlord may requestbe reasonably requested thereon. Any such statement statements may be relied upon by any prospective purchaser or lender encumbrancer of all or any portion of the Premises or any leasehold interest thereinProperty. The Tenant’s failure to deliver any such statement within the prescribed time shall, if such time failure continues for more than five (5) calendar days after Landlord gives Tenant written notice thereof shall, at Landlord’s option be an Event of option, constitute a Default hereunder and (as defined below) under this Lease, and, in any event, shall be conclusive and binding upon Tenant that the party upon whom the request is made that: (i) this Lease is in full force and effect, effect and without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document Landlord in any twelve (12) month period, certificate prepared by Landlord shall reimburse and delivered to Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)execution.

Appears in 2 contracts

Sources: Lease (Pandion Therapeutics Holdco LLC), Lease (Pandion Therapeutics Holdco LLC)

Estoppel Certificate. Within Tenant shall, within ten (10) business days after request therefor by receipt of written notice from Landlord, or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party a statement in writing: writing substantially in the form attached to this Lease as Exhibit C, or on any other form reasonably requested by a current or proposed lender or encumbrancer or proposed 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, Lease as so modified, modified is in full force and effect; (b) certifying and the dates to which the Rent rental and other charges are paid in advance, if any; , (cb) acknowledging that there are not, to such partyTenant’s knowledge, any uncured defaults on the part of the requesting party Landlord hereunder, or specifying such defaults if they any are claimed; , and (dc) certifying setting forth such further information with respect to such other matters, relative to the Premises, this Lease and Tenant, or the Premises as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender reasonably requested thereon. Each Guarantor shall, within ten (10) days after receipt of all written notice from Landlord, execute, acknowledge and deliver a statement in writing in the same form. Tenant’s or any portion of the Premises or any leasehold interest therein. The Guarantor’s failure to deliver any such statement within such the prescribed time shall, at Landlord’s option be an Event of option, constitute a Default hereunder and (as defined below) under this Lease, and, in any event, shall be conclusive and binding upon Tenant or such Guarantor (as applicable) that the party upon whom the request is made that: (i) this Lease is and such Guaranty are in full force and effect, effect and without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document Landlord in any twelve certificate prepared by Landlord and delivered to Tenant or such Guarantor (12as applicable) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)execution.

Appears in 2 contracts

Sources: Lease Agreement (Innovative Industrial Properties Inc), Lease Agreement (Innovative Industrial Properties Inc)

Estoppel Certificate. Within Tenant shall, within ten (10) days after request therefor by Landlord, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premisesrequest therefor, or any part thereof, execute and deliver to Landlord an estoppel certificate in favor of Landlord and such other persons as Landlord shall be required from Tenant, Tenant shall deliver to request setting forth the requesting party a statement in writingfollowing: (a) certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature ratification of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying the dates to which the Rent Commencement Date and other charges are paid in advance, if anytermination date hereof; (c) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effecteffect and has not been assigned, without modification modified, supplemented or amended (except as may such writing as shall be represented by the requesting partystated); (iid) that all conditions under this Lease to be performed by Landlord have been satisfied; (e) there are no uncured defaults on defenses or offsets against the requesting party’s performanceenforcement of this Lease by Landlord, or, in the alternative, those claimed by Tenant; (f) the amount of advance rent, if any (or none if such is the case), paid by Tenant; (g) the date to which rent has been paid; (h) the amount of the security deposit, if any; and (iiii) no Rent such other information as Landlord may reasonably request. In the event that Tenant fails within ten (10) days after Landlord has been paid delivered to Tenant an estoppel certificate pursuant to this Section to properly execute and deliver the same to Landlord, Tenant shall be deemed to have consented to such estoppel certificate as written; provided, however, that such non-consent shall not relieve Tenant from its responsibilities for default under this Lease by reason of its failure to return an estoppel certificate in advanceaccordance with this Section. If Mortgage lenders and/or purchasers shall be entitled to rely upon any estoppel certificate executed by Tenant or which Tenant is required or requested deemed to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)have consented.

Appears in 2 contracts

Sources: Lease Agreement (Forevergreen Worldwide Corp), Lease Agreement (Whole Living Inc)

Estoppel Certificate. Within Tenant shall upon not less than ten (10) days after request therefor by Landlordday’s prior written notice from Landlord execute, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party Landlord a statement in writing: writing (ai) certifying that this Lease is unmodified and in is 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; (b) certifying and the dates date to which the Rent and other charges are paid in advance, if any; (cii) acknowledging that there are not, to such partyTenant’s knowledge, any uncured defaults on the part of the requesting party Landlord hereunder, or specifying such defaults if they any are claimed; and (diii) certifying stating the correctness or incorrectness of any other fact related to such other matters, relative to Tenant’s use and occupancy of the Premises, Premises or either or both Landlord’s and Tenant’s rights and obligations under this Lease and Tenant, as Landlord may requestbe reasonably requested. Any such statement may be conclusively relied upon by any prospective purchaser or lender of all or any portion encumbrancer of the Premises or any leasehold interest thereinPremises. The At Landlord’s option, Tenant’s failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon a material default under this Lease or shall be conclusively entitle Landlord or any third party to rely on the party upon whom the request is made that: facts (i) that this Lease is in full force and effect, without modification except as may be represented by the requesting party; Landlord, (ii) that there are no uncured defaults on the requesting partyin Landlord’s performance; , and (iii) no Rent that not more than one month’s rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00).

Appears in 2 contracts

Sources: Lease (Control4 Corp), Lease (Control4 Corp)

Estoppel Certificate. Within Tenant shall, within ten (10) days after request therefor by receipt of written notice from Landlord, or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party a statement in writing: writing substantially in the form attached to this Lease as Exhibit K, or on any other form reasonably requested by a current or proposed Lender or encumbrancer or proposed 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, Lease as so modified, modified is in full force and effect; (b) certifying and the dates to which the Rent rental and other charges are paid in advance, if any; , (cb) acknowledging that there are not, to such partyTenant’s knowledge, any uncured defaults on the part of the requesting party Landlord hereunder, or specifying such defaults if they any are claimed; , and (dc) certifying setting forth such further information with respect to such other matters, relative to the Premises, this Lease and Tenant, or the Premises as Landlord may requestbe requested thereon. Any such statement statements may be relied upon by any prospective purchaser or lender encumbrancer of all or any portion of the Premises or any leasehold interest thereinProperty. The Tenant’s failure to deliver any such statement within such prescribed time and a period of five (5) additional days after Landlord gives Tenant written notice of such failure shall, at Landlord’s option be an Event of option, constitute a Default hereunder and (as defined below) under this Lease, and, in any event, shall be conclusive and binding upon Tenant that the party upon whom the request is made that: (i) this Lease is in full force and effect, effect and without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document Landlord in any twelve (12) month period, certificate prepared by Landlord shall reimburse and delivered to Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)execution.

Appears in 2 contracts

Sources: Lease (Oncorus, Inc.), Lease (Oncorus, Inc.)

Estoppel Certificate. Within At any time and from time to time, Subtenant shall within ten (10) business days after of Sublandlord’s written request therefor by Landlordto do so, or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party Sublandlord, promptly upon request, a statement in writing: certificate certifying (a) certifying that this Lease Sublease is unmodified and in full force and effect (or, if modifiedthere have been modifications, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying the dates to which the Rent and other charges are paid in advance, if any; (c) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease Sublease is in full force and effect, without modification as modified, and stating the date and nature of each modification), (b) the date, if any, to which Rent and other sums payable hereunder have been paid, (c) that no notice has been received by Subtenant of any default which has not been cured, except as to defaults specified in said certificate, and (d) such other matters as may be represented reasonably requested by Sublandlord. At any time and from time to time, Sublandlord shall within ten (10) business days of Subtenant’s written request to do so, execute, acknowledge and deliver to Subtenant, promptly upon request, a certificate certifying (a) that this Sublease is unmodified and in full force and effect (or, if there have been modifications, that this Sublease is in full force and effect, as modified, and stating the requesting party; date and nature of each modification), (iib) there are the date, if any, to which Rent and other sums payable hereunder have been paid, (c) that no uncured notice has been received by Sublandlord of any default which has not been cured, except as to defaults on the requesting party’s performance; specified in said certificate, and (iiid) no Rent has been paid in advance. If Tenant is required or such other matters as may be reasonably requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)by Subtenant.

Appears in 2 contracts

Sources: Sublease (Five Prime Therapeutics Inc), Sublease (Five Prime Therapeutics Inc)

Estoppel Certificate. Within Tenant shall, at any time and from time to time, within ten (10) days after request therefor by Landlordwritten request, or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest acknowledge and deliver a written instrument in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall deliver to the requesting party a statement in writingrecordable form: (a1) ratifying this Lease; (2) confirming the Possession Date, the Rent Commencement Date and the expiration date of the term; (3) certifying that this Lease is unmodified and in full force and effect orand has not been assigned, if modified, stating supplemented or amended, except by such writings as shall be stated therein and attached thereto; (4) certifying that to the nature best knowledge of the signer of such modification certificate, all conditions and agreements in this Lease to be satisfied or performed by Landlord have been satisfied and performed (except as shall be stated) and certifying that Landlord is not in default under this Lease, as so modified, is in full force Lease and effectthat there are no defenses or offsets against the enforcement of this Lease by Landlord (or stating the defaults and/or defenses claimed); (b5) certifying the dates to which the Rent and other charges are paid in advanceamount of advance rent, if any, paid by Tenant and the date to which rent has been paid; (c6) acknowledging that there are not, to such party’s knowledge, any uncured defaults on certifying the part amount of the requesting party hereunder, or specifying such defaults if they are claimedSecurity Deposit; and (d7) certifying any other information that may be reasonably requested (the “Estoppel Certificate”). If Tenant fails to such other mattersreturn the Estoppel Certificate within ten (10) days after written request, relative to the Premises, this Lease and Tenant, as Landlord may requestan Event of Default by Tenant has occurred. Any Tenant agrees that any such statement may be relied upon by any actual or prospective purchaser or lender Mortgagee of all the Tract or any portion interest therein, and by any assignee of the Premises Landlord’s interest in this Lease or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)part thereof.

Appears in 2 contracts

Sources: Lease Agreement (SEMrush Holdings, Inc.), Lease Agreement (SEMrush Holdings, Inc.)

Estoppel Certificate. Within ten Tenant shall, at any time and from time to time, upon not less than five (105) days after request therefor by days’ prior written notice from Landlord, or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party Landlord a statement in writing: writing (athe “Estoppel Certificate”) certifying the following information, (but not limited to the following information if further information is requested by Landlord): (i) 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); (bii) certifying the dates to which the Rent rental and other charges are paid in advance, if any; (ciii) the amount of Tenant’s security deposit, if any; and (iv) acknowledging that there are not, to such partyTenant’s knowledge, any uncured defaults on the part of Landlord hereunder, and no events or conditions then in existence which, with the requesting party passage of time or notice or both. would constitute a default on the part of Landlord hereunder, or specifying such defaults defaults, events or conditions, if they any are claimed; . It is expressly understood and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any agreed that any such statement contained in the Estoppel Certificate delivered by Tenant as provided herein may be relied upon by any prospective purchaser or lender encumbrancer of all or any portion of the Premises or any leasehold interest thereinReal Property. The Tenant’s failure to deliver such statement within such time shallshall constitute an admission by Tenant that all statements contained therein are true and correct. if Tenant fails to timely deliver the Estoppel Certificate to Landlord, at Landlordthen Tenant hereby irrevocably appoints Landlord as Tenant’s option be an Event of Default hereunder attorney-in-fact and shall be conclusive in Tenant’s name, place and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested stead to execute more than one estoppel certificate or similar document any and all documents described in any twelve (12) month this Article 25 if Tenant fails to do so within the specified time period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00).

Appears in 2 contracts

Sources: Standard Office Lease (Castle Biosciences Inc), Standard Office Lease (Castle Biosciences Inc)

Estoppel Certificate. Within Landlord shall at any time and from time to time upon not less than ten (10) days after request therefor by Landlorddays' prior written notice from Tenant, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premisesa Successor Owner, or any part thereofLeasehold Mortgagee execute, an estoppel certificate shall be required from acknowledge and deliver to Tenant, Tenant shall deliver to the requesting party Successor owner or Leasehold Mortgagee a statement in writing: writing (ai) certifying that this Lease is unmodified and in full force and effect or, (or if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying and the dates to which the Rent rental and other charges are paid in advance, if any; (cii) acknowledging that there are not, to such party’s Landlord's knowledge, any uncured defaults on the part of the requesting party Tenant hereunder, or specifying such defaults if they are claimed; and (diii) certifying to such other matters, relative matters relating to the Premises, this Lease and as Tenant, as Landlord the Successor Owner, or the Leasehold Mortgagee may reasonably request. Any such statement may be relied upon by any prospective purchaser or lender encumbrancer of all or any portion of the Premises or any leasehold interest thereinestate and/or the improvements. The Landlord's failure to deliver such a statement within such the time shall, at Landlord’s option be an Event of Default hereunder and prescribed shall be conclusive and binding upon the party upon whom the request is made that: Landlord (i) that this Lease is in full force and effect, without modification except as may be represented by the requesting partyTenant; (ii) that there are no uncured defaults on the requesting party’s in Tenant's performance; and (iii) no Rent has the accuracy of such other matters relating to this Lease as Tenant as may have been paid set forth in advancethe request. If Tenant is required Additionally, nothing in this Section 22 shall limit any Party from making any other reasonable request for information relating to the Lease or requested compliance of a Party with any other term or provision of the Lease and the Party receiving any request made pursuant to execute more than one estoppel this Section 22 shall cooperate with the requesting Party and shall deliver the certificate or similar document in any twelve to the requesting party within twenty (1220) month period, Landlord shall reimburse Tenant for its legal fees incurred in having days of such documents reviewed, up to a total charge of five hundred dollars ($500.00)request.

Appears in 1 contract

Sources: Land and Improvements Lease

Estoppel Certificate. Within Tenant shall, at any time and from time to time, upon not less than ten (10) days after request therefor by Business Days’ prior written notice from Landlord, or if on any sale, assignment or hypothecation by execute and deliver to Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenantcontaining such statements of fact as Landlord may reasonably request including, Tenant shall deliver to but not limited to, the requesting party a statement in writingfollowing: (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); (b) certifying the dates date to which the Base Rent and other charges are paid in advance, if anyadvance and the amounts then payable; (c) acknowledging that there are not, to such partyTenant’s knowledge, any uncured defaults or unfulfilled obligations on the part of the requesting party hereunderLandlord, or specifying such defaults or unfulfilled obligations, if they any are claimed; and (d) certifying to such other matters, relative to that Tenant has taken possession of the Premises, this Lease and Tenant, as Landlord may request. Any such statement certificate may be conclusively relied upon by any prospective purchaser or lender of all or any portion encumbrancer of the Premises or any leasehold interest thereinPremises. The failure to deliver such statement within such time Landlord shall, at Landlord’s option be any time and from time to time, upon not less than ten (10) Business Days’ prior written notice from Tenant, execute and deliver to Tenant an Event estoppel certificate containing such statements of Default hereunder and shall be conclusive and binding upon fact as Tenant may reasonably request including, but not limited to, the party upon whom the request is made thatfollowing: (ia) 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, without modification except as may be represented by the requesting party); (iib) there the date to which the Base Rent and other charges are no uncured defaults on paid in advance and the requesting party’s performanceamounts then payable; and (iiic) no Rent has been paid in advancethat there are not, to Landlord’s knowledge, any uncured defaults or unfulfilled obligations on the part of Tenant, or specifying such defaults or unfulfilled obligations, if any are claimed. If Any such certificate may be conclusively relied upon by any prospective subtenant or assignee or any purchaser or encumbrancer of Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)assets.

Appears in 1 contract

Sources: Lease Agreement (Praecis Pharmaceuticals Inc)

Estoppel Certificate. Within ten Tenant and Owner shall, at any time within thirty (1030) days days' after request therefor delivery of written notice by Landlordthe other party, or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party a statement in writing: writing (ai) 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; (b) certifying and the dates date to which the Rent and other charges are paid in advance, if any; (cii) acknowledging that there are not, to such the knowledge of the responding party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; , and (diii) certifying to containing any other certifications, acknowledgments and representations as may be reasonably requested by Owner or Tenant or the party for whose benefit such other matters, relative to the Premises, this Lease and Tenant, as Landlord may requestestoppel certificate is requested. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of encumbrance for the Premises or the Building may conclusively rely upon any leasehold interest thereinsuch statement. The failure Failure to deliver such statement within such said time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: that (ia) this Lease is in full force and effect, without modification except as may be represented by the requesting party; modification, (iib) there are no uncured defaults on in the requesting party’s 's performance; and , (iiic) no that not more than an amount equal to one (1) month's installment of the Annual Base Rent has been paid in advance, and (d) that such additional certifications, acknowledgments and representations as are requested under subsection (iii), hereof, are valid, true and correct. If Owner desires to finance or refinance the Premises, Tenant is required hereby agrees to deliver to any lender designated by Owner such financial statements of Tenant as are publicly filed, or requested to execute more than one estoppel certificate or similar document in any twelve (12) month periodif Tenant does not publicly file financial statements, Landlord Tenant shall reimburse Tenant for its legal fees incurred in having deliver such documents reviewed, up to a total charge of five hundred dollars ($500.00).financial

Appears in 1 contract

Sources: Office Lease Agreement (Micron Electronics Inc)

Estoppel Certificate. Within ten 16.1.1 Tenant shall at any time upon not less than Ten (10) business days after request therefor by prior written notice from Landlord, or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party Landlord a statement in writing: writing (ai) 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; (b) certifying and the dates date to which the Rent rent and other charges are paid in advance, if any; , and (cii) acknowledging that there are not, to such partyTenant’s knowledge, any uncured defaults on the part of the requesting party Landlord hereunder, or specifying such defaults if they any are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be conclusively relied upon by any prospective purchaser or lender of all or any portion encumbrancer of the Premises or any leasehold interest therein. The Premises. 16.1.2 Tenant’s failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: Tenant (i) that this Lease is in full force and effect, without modification except as may be represented by the requesting party; Landlord, (ii) that there are no uncured defaults on the requesting partyin Landlord’s performance; performance and (iii) no Rent that not more than One (1) month’s rent has been paid in advance. 16.1.3 If Landlord desires to finance, refinance or sell the Premises, or any part thereof, Tenant hereby agrees to deliver to any lender or prospective buyer designated by Landlord such financial statements of Tenant as may be reasonably required by such lender or prospective buyer. If Tenant is required or requested to execute more than one estoppel certificate or similar document Such statements shall include the past two (2) years of financial statements of Tenant. All such financial statements shall be received by Landlord in any twelve (12) month period, Landlord confidence and shall reimburse Tenant be used only for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)the purposes herein set forth.

Appears in 1 contract

Sources: Industrial Lease Agreement (CF Finance Acquisition Corp II)

Estoppel Certificate. Within ten fifteen (1015) days after request therefor by Landlord, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant's written request, Tenant shall deliver deliver, executed in recordable form, a declaration to any person designated by Landlord that as of the requesting party a statement in writing: date of the estoppel certificate (ai) certifying that ratifying this Lease is unmodified and in full force and effect or, if modified, Lease; (li) stating the nature of such modification commencement and certifying that this Lease, as so modified, is in full force and effect; (b) certifying the dates to which the Rent and other charges are paid in advance, if any; (c) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimedtermination dates; and (diii) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (iA) that this Lease is in full force and effecteffect and has not been assigned, without modification modified, supplemented or amended (except by such writings as may shall be represented stated), (B) that to Tenant's actual knowledge all conditions under this Lease to be performed by Landlord have been satisfied (stating exceptions, if any), (C) that to Tenant's actual knowledge no defenses or offsets against the requesting party; enforcement of this Lease by Landlord exist (iior stating those claimed), (D) there are no uncured defaults on as to advance rent, if any, paid by Tenant and the requesting party’s performance; date to which rent has been paid, (E) as to the amount of security deposited with Landlord, and (iiiF) no Rent has been paid such other information as Landlord reasonably requires; provided that Tenant shall not be obligated to agree to any provision in advance. If Tenant is required or requested to execute more than one an estoppel certificate that amends this Lease. Persons receiving such statements shall be entitled to conclusively rely upon them and such estoppels shall be deemed to have been given for good and valuable consideration, all of which shall be so stated in the estoppels. Tenant shall not be permitted to assert or similar document enforce any claim against the person to whom it is delivered (or against such person's property) which is inconsistent with the statements contained in the certificate. The estoppel certificate shall not be deemed to amend the Lease or waive any twelve (12) month period, of Tenant's rights under the Lease as between Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)and Tenant.

Appears in 1 contract

Sources: Lease Agreement (Allied Esports Entertainment, Inc.)

Estoppel Certificate. Within Tenant shall upon not less than ten (10) days after request therefor by Landlordday's prior written notice from Landlord execute, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party Landlord a statement in writing: writing (ai) certifying that this Lease is unmodified and in is 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; (b) certifying and the dates date to which the Rent and other charges are paid in advance, if any; (cii) acknowledging that there are not, to such party’s Tenant's knowledge, any uncured defaults on the part of the requesting party Landlord hereunder, or specifying such defaults if they any are claimed; and (diii) certifying stating the correctness or incorrectness of any other fact related to such other matters, relative to Tenant's use and occupancy of the Premises, Premises or either or both Landlord's and Tenant's rights and obligations under this Lease and Tenant, as Landlord may requestbe reasonably requested. Any such statement may be conclusively relied upon by any prospective purchaser or lender of all or any portion encumbrancer of the Premises or any leasehold interest thereinPremises. The At Landlord's option, Tenant's failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon a material default under this Lease or shall be conclusively entitle Landlord or any third party to rely on the party upon whom the request is made that: facts (i) that this Lease is in full force and effect, without modification except as may be represented by the requesting party; Landlord, (ii) that there are no uncured defaults on the requesting party’s in Landlord's performance; , and (iii) no Rent that not more than one month's rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00).

Appears in 1 contract

Sources: Industrial Lease (Rubicon Medical Corp)

Estoppel Certificate. (a) Within ten (10) days after following any written request therefor by Landlord, or if on any sale, assignment or hypothecation by which Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required may make from Tenanttime to time, Tenant shall execute and deliver to the requesting party Landlord a statement in writing(“Estoppel Certificate”) certifying the following, to the extent that such items are accurate, true and correct to the commercially reasonable knowledge of Tenant: (ai) certifying the date of commencement of this Lease; (ii) the fact that this Lease is unmodified and in full force and effect (or, if modifiedthere have been modifications, stating the nature and date of such modification and certifying that this Lease, as so modified, is in full force and effectmodifications); (biii) certifying the dates date to which the Rent rent and other charges are paid in advance, if anysums payable under this Lease have been paid; (civ) acknowledging that there are not, to such partyno current material defaults under this Lease by either Landlord or Tenant except as specified in Tenant’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimedstatement; and (dv) certifying to such other matters, relative matters requested by Landlord. Landlord and Tenant intend that any statement delivered pursuant to the Premises, this Lease and Tenant, as Landlord may request. Any such statement Paragraph 22 may be relied upon by any lender of Landlord or its affiliates, mortgagee, beneficiary, purchaser or prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The . (b) Tenant’s failure to deliver such statement within such time shallshall constitute a Default under this Lease and Landlord may, at Landlord’s option be an Event of Default hereunder option, terminate this Lease, and shall be conclusive and binding upon the party upon whom the request is made that: Tenant (i) that this Lease is in full force and effect, without modification except as may be represented by the requesting party; Landlord, and (ii) that there are no uncured defaults on the requesting partyin Landlord’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00).

Appears in 1 contract

Sources: Lease Agreement (California Coastal Communities Inc)

Estoppel Certificate. Within ten (10) days after written request therefor by Landlord, from Landlord or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant the requested party shall execute, acknowledge and deliver to the requesting party a statement in writing: writing (a) certifying that this Lease is unmodified and in full force and effect or, (or if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying ), the dates to which the Rent and any other charges payable by Tenant hereunder are paid in advance, if any; , (cb) acknowledging that there are not, to such party’s 's knowledge, any uncured defaults on the part of the requesting party hereunder, hereunder or specifying such defaults if they any are claimed; , and (dc) certifying to such other mattersin case of a transfer of the requesting party's interest, relative attorning to the Premisestransferee, provided the transferee acknowledges the requested party's rights under this Lease Lease. Each party hereby acknowledges that prospective purchasers, assignees and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion encumbrancers of the Premises (or any leasehold interest thereinof property of Landlord in which the Premises are a part), may incur obligations or extend credit in reliance upon the representations contained in such statement. The requested party's failure to deliver such statement to within such time shall, at Landlord’s option be an Event of Default hereunder said ten (10) day period shall conclusively evidence the requested party's representation and shall be conclusive and binding upon the party upon whom the request is made agreement that: (i) this Lease is in full force and effect, without modification modification, except as may be represented by the requesting partytherein represent; (ii) there are no uncured defaults on the requesting party’s performancein hereunder; and (iii) no Rent Tenant has been not paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document month's rent in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)advance.

Appears in 1 contract

Sources: Commercial Lease (Caribou Coffee Company, Inc.)

Estoppel Certificate. Within TENANT, upon request of LANDLORD, a proposed assignee of LANDLORD in connection with a proposed transfer of the Shopping Center or a portion thereof including the Demised Premises, or any holders of a mortgage or deed of trust(s) against the LANDLORD’S or such proposed assignee’s interest, shall from time to time without charge deliver or cause to be delivered to LANDLORD, such proposed assignee or such holder, within ten (10) days after request therefor from the date of demand a certificate as provided by LandlordLANDLORD, or duly executed and acknowledged in form for recording, certifying, if on any saletrue, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall deliver to the requesting party a statement in writing: (a) certifying that this Lease is unmodified valid and subsisting and in full force and effect orand that LANDLORD is not in default under any of the terms of this Lease or specifying, if modifiedapplicable, stating any default of LANDLORD. Should TENANT fail or refuse to comply with its obligations contained in the nature preceding sentence of this Section 44, then, in addition to all other remedies of LANDLORD hereunder, TENANT shall pay LANDLORD $50.00 per day for each day during the period of its failure or refusal to comply and TENANT shall, and does hereby agree, that TENANT shall be estopped from denying the truth of each of those matters set forth in such certificate and LANDLORD shall in such event be, and it hereby is, appointed by TENANT as TENANT’S lawful attorney-in-fact for delivery of such modification certificate in the name, place and certifying that this Lease, as so modified, is in full force and effect; (b) certifying the dates to which the Rent and other charges are paid in advance, if any; (c) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part stead of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)TENANT.

Appears in 1 contract

Sources: Lease Agreement (Computer Programs & Systems Inc)

Estoppel Certificate. Within Tenant shall, at any time upon not less than ten (10) days after request therefor by prior written notice from Landlord, or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party Landlord, in any form that Landlord may reasonably require, a statement in writing: writing in favor of Landlord and/or any prospective purchaser or encumbrancer of the Building (ai) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such the modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying and the dates to which the Rent rental, additional rent and other charges are have been paid in advance, if any; , and (cii) acknowledging that that, to Tenant's knowledge, there are not, to such party’s knowledge, any no uncured defaults on the part of the requesting party hereunderLandlord, or specifying such defaults each default if they any are claimed; , and (diii) certifying to such other matters, relative to the Premises, this Lease and Tenant, as setting forth all further information that Landlord may requestreasonably require. Any such Tenant's statement may be relied upon by any prospective purchaser or lender encumbrancer of all or any portion of the Premises Building or any leasehold interest thereinProject. The Tenant's failure to deliver such any estoppel statement within such the provided time shall, at Landlord’s option be an Event of Default hereunder shall constitute a default under this Lease and shall be conclusive and binding upon the party upon whom the request is made that: Tenant that (i) this Lease is in full force and effect, without modification except as may be represented by the requesting party; Landlord, (ii) there are no uncured defaults on the requesting party’s in Landlord's performance; , and (iii) no Rent not more than one month's rental has been paid in advance. If Upon request by Tenant is required in connection with a proposed sale or requested to execute more than one estoppel certificate or similar document in any twelve (12) month periodfinancing of Tenant's business, Landlord shall reimburse Tenant furnish, not more than once annually, a corresponding estoppel statement for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)Tenant's benefit.

Appears in 1 contract

Sources: Office Space Lease (Myers Steven & Associates Inc)

Estoppel Certificate. Within (a) Lessee shall at any time and from time to time within ten (10) days after following request therefor by Landlordfrom Lessor execute, or if on any saleacknowledge, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall and deliver to the requesting party Lessor a statement in writing: writing (ai) 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, Lease as so modified, modified is in full force and effect); (bii) acknowledging that there are not, to Lessee’s knowledge, any uncured defaults on the part of Lessor hereunder, or specifying such defaults if any are claimed; (iii) certifying the dates date when Lessee entered into occupancy of the Premises and that Lessee is open and conducting business at the Premises; (iv) certifying the date to which the Rent rentals and other charges are paid in advance, if any; (cv) acknowledging that there are notcertifying the current amount of base rent due under the Lease; (vi) evidencing the status of this Lease as may be required either by a lender making a loan affecting, to such party’s knowledgeor a purchaser of, the Premises or any uncured defaults on the part of the requesting party hereunderIndustrial Center from Lessor; (vii) warranting that if any beneficiary of any security instrument encumbering the Premises forecloses on the security instrument, or specifying such defaults if they beneficiary shall not be liable for the security deposit; (viii) certifying that all improvements to be constructed on the Premises by Lessor are claimedsubstantially completed, except for any punch list items that do not prevent Lessee from using the Premises for its intended use; and (dix) certifying as to such other matters, relative matters relating to the Premises, this Lease and Tenant, and/or the Premises as Landlord may requestbe requested by a lender making a loan to Lessor or a purchaser of the Premises or any part thereof from Lessor. Any such statement may be relied upon by any prospective purchaser or lender encumbrancer of all or any portion of the Premises Industrial Center or any leasehold interest therein. The failure Lessee shall, within ten (10) days following request of Lessor, deliver such other documents, including Lessee’s financial statements, as are reasonably requested in connection with the sale of, or a loan to be secured by, any portion of the Industrial Center or any interest therein. (b) If Lessor desires to finance, refinance, or sell the Property, or any part thereof, Lessee hereby agrees to deliver to any lender or purchaser designated by Lessor such statement within financial statements of Lessee as may be reasonably required by such time shall, at Landlord’s option lender or purchaser. Such statements shall include the past three (3) years financial statements of Lessee. All such financial statements shall be an Event of Default hereunder received by Lessor and such lender or purchaser in confidence and shall be conclusive and binding upon used only for the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)purposes herein set forth.

Appears in 1 contract

Sources: Industrial Lease (Transoma Medical Inc)

Estoppel Certificate. Within ten (10) Tenant shall from time to time, within 10 business days after written request therefor by from Landlord, or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest acknowledge and deliver a certificate affirming that, except as otherwise expressly stated in the Premisescertificate, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall deliver to the requesting party a statement in writing: (aA) 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; (bB) to Tenant's actual knowledge, Landlord is not in default hereunder, or if so, specifying each such default of which Tenant may have actual knowledge; (C) Tenant is in possession of the Premises; (D) to Tenant's actual knowledge, Tenant has no off-sets or defenses to the performance of its obligations under this Lease (except as otherwise stated); (E) that the Premises have been completed in accordance with the terms, covenants and conditions hereof or the Workletter, that Tenant has accepted the Premises and the condition thereof and of all improvements thereto and has no claims against Landlord or any other party with respect thereto; and (F) certifying such other matters as Landlord may reasonably request, or as may be requested by Landlord's current or prospective Holders, insurance carriers, auditors, rating agencies, and prospective purchasers. The certificate shall also confirm the dates to which the Rent and other charges are has been paid in advance, if any; (c) acknowledging that there are not, to such party’s knowledge, advance and the amount of any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may requestSecurity Deposit. Any such statement The certificate may be relied upon by any Landlord, its Holder(s), insurance carriers, auditors, rating agencies, and prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advancepurchasers. If Tenant is required or requested shall fail to timely execute more than one and return an estoppel certificate or similar document in any twelve (12) month periodwhich has been delivered to Tenant, Landlord Tenant shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up be deemed to a total charge of five hundred dollars ($500.00)have agreed with the matters originally set forth therein.

Appears in 1 contract

Sources: Lease Agreement (Wells Real Estate Fund Xiii L P)

Estoppel Certificate. Within Tenant shall from time to time, within ten (10) days after written request therefor by from Landlord, or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest acknowledge and deliver a certificate affirming that, except as otherwise expressly stated in the Premisescertificate, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall deliver to the requesting party a statement in writing: (aA) 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; (bB) to Tenant's knowledge, Landlord is not in default hereunder; (C) Tenant is in possession of the Premises; (D) Tenant has no off-sets or defenses to the performance of its obligations under this Lease; (E) that the Premises have been completed in accordance with the terms, covenants and conditions hereof or the Workletter, that Tenant has accepted the Premises and the condition thereof and of all improvements thereto and has no claims against Landlord or any other party with respect thereto; and (F) certifying such other matters as Landlord may reasonably request, or as may be requested by Landlord's current or prospective Holders, insurance carriers, auditors, rating agencies, and prospective purchasers. The certificate shall also confirm the dates to which the Rent and other charges are has been paid in advance, if any; (c) acknowledging that there are not, to such party’s knowledge, advance and the amount of any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may requestSecurity Deposit. Any such statement The certificate may be relied upon by any Landlord, its Holder(s), insurance carriers, auditors, rating agencies, and prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advancepurchasers. If Tenant is required or requested shall fail to timely execute more than one and return an estoppel certificate or similar document in any twelve (12) month periodwhich has been delivered to Tenant, Landlord Tenant shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up be deemed to a total charge of five hundred dollars ($500.00)have agreed with the matters originally set forth therein.

Appears in 1 contract

Sources: Office Lease

Estoppel Certificate. Within ten Tenant shall, within five (105) days after Landlord's request therefor by Landlordtherefore, or if on any sale, assignment or hypothecation by execute and deliver to Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate in favor of Landlord and such other persons as Landlord shall be required from Tenant, Tenant shall deliver to request setting forth the requesting party a statement in writingfollowing: (a) certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature a ratification of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying the dates to which the Rent Commencement Date and other charges are paid in advance, if anyExpiration Date; (c) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effecteffect and has not been assigned, without modification modified, supplemented or amended (except by such writing as may shall be represented by the requesting partystated); (iid) that all conditions under this Lease to be performed by Landlord have been satisfied, or, in the alternative, those claimed by Tenant to be unsatisfied; (e) that there are no uncured defaults on defenses or offsets against the requesting party’s performanceenforcement of this Lease by Landlord, or, in the alternative, those claimed by Tenant; (f) the amount of advance rent, if any (or none if such is the case), paid by Tenant; (g) the date to which rent has been paid; and (iiih) no Rent has been paid in advancesuch other information as Landlord may request. Landlord's mortgage lenders and purchasers shall be entitled to rely upon any estoppel certificate executed by Tenant. If Tenant is required or requested fails to execute more than one such estoppel certificate or similar document in any twelve within such five (125) month day period, Landlord may execute the same on behalf of Tenant as Tenant's duly authorized attorney-in-fact. For such purpose, Tenant hereby makes, constitutes and appoints Landlord as Tenant's true and lawful attorney to act for Tenant and in Tenant's name, place and stead and for Tenant's use and benefit. Such power of attorney shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up be irrevocable and shall be deemed to a total charge of five hundred dollars ($500.00)be coupled with an interest.

Appears in 1 contract

Sources: Lease (Herbst Gaming Inc)

Estoppel Certificate. Within Tenant shall at any time and from time to time upon not less than ten (10) business days after request therefor by prior notice from Landlord, or if on any sale, assignment or hypothecation by execute acknowledge and deliver to Landlord of Landlord’s interest in the Premises, or any part thereofproposed mortgagee, an estoppel certificate shall be required from Tenantpurchaser or successor in interest, Tenant shall deliver to the requesting party a statement in writingwriting in a form provided by Landlord and acceptable to Tenant certifying to the following: (ai) certifying that this Lease is unmodified and in full force and effect or(or if there have been modifications, if modified, stating that the nature of such modification and certifying that this Lease, as so modified, is same are in full force and effect; effect as modified and stating the modifications), (bii) certifying the dates to which the Rent Monthly Rent, additional rent and other charges are have been paid in advance, if any; , (ciii) acknowledging that there are notwhether Landlord is in default in the performance of any covenant, to agreement or condition contained in this Lease and, if so, specifying each such party’s default of which Tenant may have knowledge, any uncured defaults on the part of the requesting party hereunderand stating such other reasonable matters as Landlord may request, or specifying such defaults if they are claimed; and (div) certifying to such other matters, relative to the Premises, information concerning this Lease and Tenant, as Landlord may request. Any Tenant acknowledges that any such statement delivered pursuant to this paragraph may be relied upon by Landlord, any prospective purchaser mortgagee, ground lessor or lender of all other like encumbrance thereof or any portion assignee of any such encumbrance upon the Premises of the Premises or any leasehold interest thereinProject. The failure In the event Tenant fails to deliver provide such statement as above described within ten (10) business days after Landlord's request therefore, followed by five (5) days after a second written notice to Tenant, such time shall, failure at Landlord’s option be an Event the election of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse constitute a material non-curable default of Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)hereunder.

Appears in 1 contract

Sources: Building Lease (Alexion Pharmaceuticals Inc)

Estoppel Certificate. Within Tenant shall, within ten (10) business days after request therefor by receipt of written notice from Landlord, or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party a statement in writing: writing substantially in the form attached to this Lease as Exhibit C, or on any other form reasonably requested by a current or proposed lender or encumbrancer or proposed 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, Lease as so modified, modified is in full force and effect; (b) certifying and the dates to which the Rent rental and other charges are paid in advance, if any; , (cb) acknowledging that there are not, to such partyTenant’s knowledge, any uncured defaults on the part of the requesting party Landlord hereunder, or specifying such defaults if they any are claimed; , and (dc) certifying setting forth such further information with respect to such other matters, relative to the Premises, this Lease and Tenant, or the Premises as Landlord may requestbe reasonably requested thereon. Any such Guarantor shall, within ten (10) days after receipt of written notice from Landlord, execute, acknowledge and deliver a statement may be relied upon by any prospective purchaser or lender of all in writing in the same form. Tenant’s or any portion of the Premises or any leasehold interest therein. The Guarantor’s failure to deliver any such statement within such the prescribed time shall, at Landlord’s option be an Event of option, constitute a Default hereunder and (as defined below) under this Lease, and, in any event, shall be conclusive and binding upon Tenant or such Guarantor (as applicable) that the party upon whom the request is made that: (i) this Lease is and such Guaranty are in full force and effect, effect and without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document Landlord in any twelve certificate prepared by Landlord and delivered to Tenant or such Guarantor (12as applicable) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)execution.

Appears in 1 contract

Sources: Lease Agreement (Innovative Industrial Properties Inc)

Estoppel Certificate. Within The Tenant shall at any time and from time to time upon ten (10) days after request therefor by days' prior notice from the Landlord execute and deliver to the Landlord, or if on the Landlord's Mortgagees, or a prospective purchaser of the whole or any sale, assignment or hypothecation by Landlord portion of the Landlord’s 's interest in the PremisesLand or the Building, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall deliver to the requesting party a statement in writing: (a) writing confirming the terms of this Lease, certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification modifications and certifying that this Lease, as so modified, the same is in full force and effect; (b) effect as modified), certifying the amount of the Rent then being paid hereunder, the dates to which the Rent and other charges hereunder have been paid, that the Landlord has complied with all the terms of this Lease, that the Premises are paid in advanceacceptable to the Tenant, if any; (c) acknowledging that the Tenant shall not amend, modify or surrender this Lease or make any prepayment of the Rent other than the Rent for the current month without the prior written consent of the Landlord's Mortgagees or prospective purchaser, that there are notnot outstanding set-offs or equities disclosed or undisclosed as between the Landlord and the Tenant, to such party’s knowledge, any uncured defaults on that no money other than a maximum of one month's Rent in accordance with the part provisions of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative Lease has been prepaid by the Tenant to the PremisesLandlord, that the Tenant is aware of the assignment by the Landlord to the Landlord's Mortgagees of all Rents under this Lease, and any other matters pertaining to this Lease and Tenant, as in respect of which the Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)desire certification.

Appears in 1 contract

Sources: Lease Agreement (Vidatron Entertainment Group Inc)

Estoppel Certificate. (a) Within ten (10) days after following any written request therefor by Landlord, or if on any sale, assignment or hypothecation by which Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required may make from Tenanttime to time, Tenant shall execute and deliver to Landlord a statement, in a form substantially similar to the requesting party a statement in writing: form of Exhibit “B” attached hereto, certifying. (ai) certifying the Commencement Date of this Lease; (ii) the fact that this Lease is unmodified and in full force and effect (or, if modifiedthere have been modifications hereto, stating the nature of such modification and certifying that this Lease, as so modified, Lease is in full force and effect, as modified, and stating the date and nature of such modifications); (biii) certifying the dates date to which the Rent rental and other charges are paid in advance, if anysums payable under this Lease have been paid; (civ) acknowledging the fact that there are not, to such partyno current defaults under this Lease by either Landlord or Tenant except as specified in Tenant’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimedstatement; and (dv) certifying to such other matters, relative matters requested by Landlord. Landlord and Tenant intend that any statement delivered pursuant to the Premises, this Lease and Tenant, as Landlord may request. Any such statement Paragraph 29 may be relied upon by any mortgagee, beneficiary, purchaser or prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The . (b) Tenant’s failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: Tenant (i) that this Lease is in full force and effect, without modification except as may be represented in good faith by the requesting party; Landlord, (ii) that there are no uncured defaults on the requesting partyin Landlord’s performance; , and (iii) no Rent that not more than one (1) month’s rent has been paid in advance. If Tenant is required or requested Tenant’s failure to execute more than one estoppel certificate or similar document in any twelve deliver said statement to Landlord within ten (1210) month period, Landlord working days of receipt shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to constitute a total charge of five hundred dollars ($500.00)default under this Lease.

Appears in 1 contract

Sources: Industrial Real Estate Lease (Galaxy Gaming, Inc.)

Estoppel Certificate. Within ten (10) days after request therefor by The Tenant shall at any time and from time to time upon 10 days' prior notice from the Landlord execute and deliver to the Landlord, or if on the Landlord's Mortgagees, or a prospective purchaser of the whole or any sale, assignment or hypothecation by Landlord portion of the Landlord’s 's interest in the PremisesLand or the Building, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall deliver to the requesting party a statement in writing: (a) writing confirming the terms of this Lease, certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification modifications and certifying that this Lease, as so modified, the same is in full force and effect; (b) effect as modified), and certifying the amount of the Rent then being paid hereunder, the dates to which the Rent and other charges are paid in advancehereunder have been paid, if any; (c) acknowledging that the Landlord has complied with all the terms of this Lease, that the Tenant shall not amend, modify, or surrender this Lease or make any prepayment of the Rent other than any deposit, security deposit or the Rent for the current month without the prior written consent of the Landlord's Mortgagees or prospective purchaser, that there are notno outstanding set-offs or equities disclosed or undisclosed as between the Landlord and the Tenant, to such party’s knowledge, any uncured defaults on that no money other than in accordance with the part provisions of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative Lease has been prepaid by the Tenant to the PremisesLandlord, that the Tenant is aware of the assignment by the Landlord to the Landlord's Mortgagees of all Rents under this Lease, and any other matters pertaining to this Lease and Tenant, as in respect of which the Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)desire certification.

Appears in 1 contract

Sources: Lease Agreement (Service Systems International LTD)

Estoppel Certificate. Within Each party shall, within ten (10) days after request therefor by Landlordreceipt of written notice from the other party, or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party a statement in writingwriting substantially in the form attached to this Lease as Exhibit G, or on any other form reasonably similar, certifying that: (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, Lease as so modified, modified is in full force and effect; (b) certifying and the dates to which the Rent rental and other charges are paid in advance, if any; , (cb) acknowledging that there are arc not, to such that party’s knowledge, any uncured defaults on the part of the requesting other party hereunder, or specifying such defaults if they any are claimed; , and (dc) certifying setting forth such further information with respect to such other matters, relative to the Premises, this Lease and Tenant, or the Premises as Landlord may requestbe requested thereon. Any such statement statements may be relied upon by the requesting party and by any prospective purchaser or lender encumbrancer of all or any portion of the Premises or any leasehold interest thereinProperty. The failure In the event that Tenant fails to timely execute, acknowledge and deliver such statement as described in this Section 20, then Landlord shall deliver an additional notice to Tenant requesting that Tenant timely deliver such estoppel certificate; provided, however, that if Tenant fails to timely deliver such estoppel certificate within three (3) business days after such time shallsecond (2nd) written notice from Landlord, at Landlord’s option be an Event of Default hereunder Tenant accepts, acknowledges and agrees that it shall be conclusive and binding upon the party upon whom the request is made that: Tenant that (i) this Lease is unmodified and in full force and effect, without modification except as may be represented by the requesting party; Landlord, (ii) there are no uncured defaults on the requesting partyin Landlord’s performance; performance under this Lease, and (iii) no Rent has been paid as to the truth and accuracy of any other matters set forth in advance. If Tenant is required or requested to execute more than one the estoppel certificate or similar document certificate, in any twelve (12) month periodthe form referenced in Exhibit G, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)submitted by Landlord.

Appears in 1 contract

Sources: Lease (Lyell Immunopharma, Inc.)

Estoppel Certificate. Within At any time, and from time to time, upon the written request of Landlord or any Mortgagee, Tenant, within ten (10) days after request therefor by Landlordof the date of such written request, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall agrees to execute and deliver to the requesting party Landlord and/or such Mortgagee, without charge and in a statement in writingform satisfactory to Landlord and/or such Mortgagee, a written statement: (a) ratifying this Lease; (b) confirming the commencement and expiration dates of the Term of this Lease; (c) certifying that Tenant is in occupancy of the Premises, and that this Lease is unmodified and in full force and effect orand has not been modified, assigned, supplemented or amended, except by such writings as shall be stated; (d) certifying that all conditions and agreements under this Lease to be satisfied and performed have been satisfied and performed, except as shall bestated; (e) certifying that Landlord is not in default under this Lease and there are no defenses or offsets against the enforcement of this Lease by Landlord, or stating the defaults and/or defenses claimed by Tenant; (f) reciting the amount of advance Rent, if modifiedany, stating paid by Tenant and the nature of such modification and certifying that this Lease, as so modified, is in full force and effectdate to which Rent has been paid; (bg) certifying reciting the dates to which the Rent and other charges are paid in advanceamount of security deposited with Landlord, if any; (c) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (dh) certifying to such any other matters, relative to information which Landlord or the Premises, this Lease and Tenant, as Landlord may request. Any Mortgagee shall require; it being intended that any such statement delivered pursuant to this Article may be relied upon by any prospective purchaser or lender Mortgagee of all the Land and Building or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)part thereof.

Appears in 1 contract

Sources: Office Lease (Raj Ventures, Inc.)

Estoppel Certificate. Within Tenant will, within ten (10) days after following any request therefor by Landlord, or if on any sale, assignment or hypothecation by promptly execute and deliver to Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenantsubstantially in form attached as Exhibit G, Tenant shall deliver to the requesting party a statement in writing: (ai) certifying that this Lease is unmodified and in full force and effect effect, or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; , (bii) certifying stating the dates date to which the Rent rent and other charges are paid in advance, if any; , (ciii) acknowledging that there are not, to such partyTenant’s knowledge, any uncured defaults on the part of the requesting party Landlord hereunder, or specifying such defaults if they any are claimed; , and (div) certifying to such other matters, relative to the Premises, information about this Lease as may be reasonably requested by Landlord, its Lender or prospective lenders, investors or purchasers of the Building or the Property. Tenant’s failure to execute and deliver such estoppel certificate within ten (10) days after Landlord’s request therefor shall be a material default by Tenant under this Lease, it being agreed and understood by Tenant that Tenant, as ’s failure to so deliver such estoppel certificate in a timely manner could result in Landlord may requestbeing unable to perform committed obligations to other third parties which were made by Landlord in reliance upon this covenant of Tenant. Any such Landlord and Tenant intend that any statement delivered pursuant to this paragraph may be relied upon by any prospective Lender or purchaser or lender prospective Lender or purchaser of all the Building, the Property, or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)them.

Appears in 1 contract

Sources: Lease Agreement (Biolase, Inc)

Estoppel Certificate. Within Tenant shall, within ten (10) days after following written request therefor by Landlord, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest from time to time (but in the Premisesno event more than four (4) times per calendar year), or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall execute and deliver to the requesting party Landlord any documents, including estoppel certificates, in a statement in writing: form required by Landlord (ai) certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature attaching a copy of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying effect and the dates date to which the Rent and other charges are paid in advance, if any; , (cii) acknowledging that there are not, to such partyTenant’s knowledge, any uncured defaults on the part of the requesting party hereunderLandlord or stating the nature of any uncured defaults, (iii) evidencing the status of this Lease as may be required by a Mortgagee or specifying such defaults if they are claimed; a purchaser of the Premises, (iv) certifying the current Monthly Rent amount and the amount and form of Security Deposit on deposit with Landlord, and (dv) certifying to such other mattersinformation as Landlord, relative to the PremisesLandlord’s Agents, this Lease and Mortgagees and/or prospective purchasers or their Mortgagees may reasonably request, including, but not limited to, any requested information regarding Hazardous Materials. Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The ’s failure to deliver such statement an estoppel certificate within such time ten (10) days after delivery of Landlord’s written request therefor shall, at Landlord’s option be option, constitute an Event of Default hereunder hereunder, and shall be conclusive and binding upon the party upon whom the request is made that: against Tenant (i1) that this Lease is in full force and effect, without modification effect and has not been modified except as may be represented by the requesting partyLandlord; (ii2) that there are no uncured defaults on the requesting partyin Landlord’s performanceperformance and that Tenant has no right of offset, counterclaim, or deduction against Rent; and (iii3) no not more than one (1) month’s Rent has been paid in advance. If Tenant is required or requested ; and (4) as to execute more than one the truth and accuracy of any other matters set forth in the form of estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up submitted to a total charge of five hundred dollars ($500.00)Tenant.

Appears in 1 contract

Sources: Standard Form Lease (Adept Technology Inc)

Estoppel Certificate. Within Tenant agrees that at any time, and from time to time at reasonable intervals, within ten (10) days after written request therefor by Landlord, or if on any saleTenant will execute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party Landlord or an assignee, purchaser or lender designated by Landlord, a statement in writing: (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; (b) certifying the dates to which the Rent and other charges are paid in advance, if any; (c) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, writing ratifying this Lease and Tenantcertifying, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: among other things: (i) that Tenant has entered into occupancy of the Property and the date of such entry, if such is the case; (ii) that this Lease is in full force and effect, without modification except as may and has not been assigned, modified, supplemented or amended in any way (or if there has been an assignment, modification, supplement or amendment, identifying the same); (iii) that this Lease represents the entire agreement between Landlord and Tenant; (iv) the date of the commencement and expiration of the Lease Term; (v) that all conditions under this Lease to be represented performed by Landlord have been satisfied (or specifying those conditions unsatisfied); (vi) that no default exists in the requesting party; (ii) performance or observance of any term, covenant or condition of this Lease and that there are no uncured defaults on defenses or offsets in connection therewith (or specifying any claimed default or defense); and (vii) any other information reasonably requested by Landlord, a perspective purchaser, transferee or any Lender, as the requesting party’s performance; and (iii) no Rent has been paid in advancecase may be. If Tenant is required or requested shall also certify such other matters as Landlord shall reasonably request. In the event that Tenant should fail to execute more than one such estoppel certificate or similar document promptly as requested, Tenant shall be in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge default of five hundred dollars ($500.00)this Lease.

Appears in 1 contract

Sources: Master Lease Agreement (MedEquities Realty Trust, Inc.)

Estoppel Certificate. Within ten Tenant shall, within fifteen (1015) business days after following receipt of a written request therefor by from Landlord, execute, acknowledge and deliver to Landlord or if on to any salelender, assignment purchaser or hypothecation prospective lender or purchaser designated by Landlord of Landlord’s interest a written statement, in the Premisesform attached hereto as Exhibit D or in such other form as Landlord may reasonably request, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall deliver to the requesting party a statement in writing: certifying (ai) certifying that this Lease is unmodified and in full force and effect and unmodified (or, if modified, stating the nature of such modification and certifying that this Leasemodification), as so modified, is in full force and effect; (bii) certifying the dates date to which the Rent and other charges are paid in advancerent has been paid, if any; (ciii) acknowledging that there are not, to such partyTenant’s knowledge, any uncured defaults on the part of the requesting party hereunder, (or specifying such defaults if they any are claimed; ), and (div) certifying to such any other matters, relative to matters or state of facts reasonably required respecting the Lease or Tenant’s occupancy of the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender mortgagee of all or any portion part of the Premises or any leasehold interest thereinBuilding. The In the event that Tenant fails to deliver to Landlord the aforesaid certificate within the time period described hereinabove, then Tenant herein unconditionally agrees that it shall be liable on demand to pay Landlord the sum of $1,000.00 for each day that Tenant is late in delivering the aforesaid certificate to Landlord, such sum to be as and for Landlord’s full and complete liquidated and agreed monetary damages suffered by reason of Tenant’s failure to timely deliver such statement within such time shallan estoppel certificate to Landlord. In addition to the foregoing, Landlord reserves the right to exercise any further rights or remedies available to it under the Lease, at Landlordlaw or equity by reason of Tenant’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)default hereunder.

Appears in 1 contract

Sources: Lease Agreement (Celldex Therapeutics, Inc.)

Estoppel Certificate. Within ten Tenant shall, without charge, at any time and from time to time, within five (105) days after request therefor by Landlord, or if on Mortgagee, any salepurchaser of the Land, assignment or hypothecation by Landlord of Landlord’s interest in the PremisesEquipment, any Additional Equipment or any part thereofBuilding or any other interested person, an estoppel certificate shall be required from Tenantexecute, Tenant shall acknowledge and deliver to the such requesting party a statement in writingwritten estoppel certificate certifying, as of the date of such estoppel certificate, the following: (ai) certifying that this Lease is unmodified and in full force and effect or, (or if modified, stating that the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying the dates to which the Rent and other charges are paid in advance, if any; (c) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except effect as may be represented by the requesting partymodified and setting forth such modifications); (ii) that the Term has commenced (and setting forth the Commencement Date and Expiration Date); (iii) that Tenant is occupying the Premises (or, if Tenant is not occupying the Premises, so stating); (iv) the amounts of Base Rent and Additional Rent currently due and payable by Tenant; (v) that there are no existing set-offs, charges, liens, claims or defenses against the enforcement of any right hereunder, including Base Rent or Additional Rent (or, if alleged, specifying the same in detail); (vi) that no Base Rent (except the first installment thereof) has been paid more than thirty (30) days in advance of its due date; (vii) that Tenant has no knowledge of any then uncured defaults on default by Landlord of its obligations under this Lease (or, if Tenant has such knowledge, specifying the requesting party’s performancesame in detail); (viii) that Tenant is not in default (or, if Tenant is in default, specifying the same in detail); (ix) 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 (iiix) no Rent has been paid in advance. If Tenant is required or any other certifications consistent with this Lease requested by Landlord, with any qualifications to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant such certifications that are needed for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)accuracy.

Appears in 1 contract

Sources: Master Lease Agreement (Blue Rhino Corp)

Estoppel Certificate. Within Tenant agrees that from time to time upon not less than ten (10) days after prior request therefor by Landlord, or if on any sale, assignment existing or hypothecation by Landlord of Landlord’s interest in the Premises, prospective First Mortgagee or any part thereof, an estoppel certificate shall be required from TenantGround Lessor, Tenant shall deliver to will, and Tenant will cause any sub-tenant, licensee, concessionaire or other occupant of the requesting party a statement in writing: Premises claiming by, through or certificate certifying (a) certifying that this Lease is unmodified and in full force and effect or(or if there have been modifications, if modified, stating that the nature of such modification and certifying that this Lease, Lease as so modified, modified is in full force and effecteffect and identifying the modifications); (b) certifying the date upon which Tenant began paying Rent and the dates to which the Rent and other charges are paid in advancehave been paid, if any; (c) acknowledging that the Landlord is not in default under any provision of this Lease, or, if in default, the nature thereof in detail; (d) that the Premises have been completed in accordance with the terms hereof and Tenant is in occupancy and paying Rent on a current basis with no rental offsets or claims; (e) that there has been no prepayment of Rent other than that provided for in the Lease; (f) that there are notno actions, to such party’s knowledgewhether voluntary or otherwise, pending against Tenant under the Bankruptcy Code or the bankruptcy laws of any uncured defaults on the part of the requesting party hereunderstate, or specifying such defaults if they are claimed; and (dg) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except matters as may be represented required by the requesting party; (ii) there are no uncured defaults on Landlord, First Mortgagee, or Ground Lessor, including, without limitation, any other information concerning the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required status of this Lease or the parties' performance hereunder reasonably requested by the party to execute more than one whom such estoppel certificate or similar document in is to be addressed. Tenants' failure to complete, execute and deliver any twelve such estoppel certificate within the aforesaid ten (1210) month period, Landlord day period shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up be deemed to be a total charge Default under Section 18 of five hundred dollars ($500.00)this Lease.

Appears in 1 contract

Sources: Office Lease (Participate Com Inc)

Estoppel Certificate. Within ten Tenant agrees that from time to time, upon not less than fifteen (1015) days after days’ prior written request therefor by Landlord, Tenant will, and Tenant will cause any subtenant, licensee, concessionaire or if on other occupant of the Premises to, promptly complete, execute and deliver to Landlord or any sale, assignment party or hypothecation parties designated by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall deliver to the requesting party a statement in writingwriting certifying: (ai) certifying that this Lease is unmodified and in full force and effect or, (or if modified, stating there have been modifications that the nature of such modification and certifying that this Lease, as so modified, is same are in full force and effecteffect as modified and identifying the modifications); (bii) certifying the dates to which the Rent and other charges are paid have been paid; (iii) that the Premises have been unconditionally accepted by Tenant (or if not, stating with particularity the reasons why the Premises have not been unconditionally accepted); (iv) the amount of any Security Deposit held hereunder; (v) that, so far as the party making the certificate knows, Landlord is not in advancedefault under any provisions of this Lease, if any; (c) acknowledging that there are such is the case, and if not, to such party’s knowledge, any uncured identifying all defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimedwith particularity; and (dvi) certifying to such any other matters, relative to the Premises, this Lease and Tenant, as Landlord may requestmatter reasonably requested by Landlord. Any such statement may be relied upon by any prospective purchaser or lender Mortgagee of all or any portion of interest in the Premises or any leasehold interest thereinBuilding shall be entitled to rely on said statement. The failure Failure to deliver give such a statement within such time shall, at Landlord’s option be an Event of Default hereunder and fifteen (15) days after said written request shall be conclusive evidence, upon which Landlord and binding upon the party upon whom the request is made that: (i) any such purchaser or Mortgagee shall be entitled to rely, that this Lease is in full force and effect, without modification except as may effect and Landlord is not in default and Tenant shall be represented by estopped from asserting against Landlord or any such purchaser or Mortgagee any defaults of Landlord existing at that time but Tenant shall not thereby be relieved of the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested affirmative obligation to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having give such documents reviewed, up to a total charge of five hundred dollars ($500.00)statement.

Appears in 1 contract

Sources: Retail Space Lease (Duluth Holdings Inc.)

Estoppel Certificate. Within 31.1 Tenant shall from time to time within ten (10) days after request therefor by Landlordprior written notice from Landlord execute, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party Landlord a statement in writing: writing in the form set forth in EXHIBIT E attached hereto, or such other form as may be customarily required by Landlord's Mortgagee, (ai) certifying that this Lease is unmodified and in full force and effect affect (or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying and the dates date to which the Rent and other charges are paid in advance, if any; (cii) acknowledging that there are not, to such party’s Tenant's knowledge, any uncured defaults on the part of the requesting party hereunder, Landlord hereunder (or specifying such defaults if they are claimed); and (diii) certifying to containing such other matters, relative to the Premises, this Lease and Tenant, matters as Landlord may requestare set forth in such form. Any such statement may be conclusively relied upon by any prospective purchaser or lender of all or any portion encumbrancer of the Premises or any leasehold interest thereinPremises. The Tenant's failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) Tenant that this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) Landlord, that there are no uncured defaults on the requesting party’s in Landlord's performance; , and that not more than one (iii1) no month's Rent has been paid in advance. If Failure of Tenant is required or requested to so deliver such statement shall be a material default hereunder. Tenant hereby irrevocably appoints Landlord as its attorney-in-fact to execute more than one estoppel certificate or similar document and deliver such statement to any third party in any twelve (12) month period, Landlord shall reimburse the name and on behalf of Tenant for its legal fees incurred in having such documents reviewed, up if Tenant fails to a total charge of five hundred dollars ($500.00)comply with the foregoing.

Appears in 1 contract

Sources: Office Lease (Doubletwist Inc)

Estoppel Certificate. Within ten Tenant agrees that, from time to time upon not less than fifteen (1015) days after business days' prior request therefor by Landlord, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall execute and deliver to the requesting party Landlord a statement in writingwritten certificate certifying: (ai) certifying that this Lease is unmodified and in full force and effect or(or if there have been modifications, if modified, stating the nature a description of such modification modifications and certifying that this Lease, Lease as so modified, modified is in full force and effect); (bii) certifying the dates to which Rent has been paid; (iii) that Tenant is in possession of the Rent and other charges are paid in advancePremises, if anythat is the case; (civ) acknowledging that Landlord is not in default under this Lease, or, if Tenant believes Landlord is in default, the nature thereof in detail; (v) that Tenant has no off-sets or defenses to the performance of its obligations under this Lease (or if Tenant believes there are notany off-sets or defenses, to such party’s knowledgea full and complete explanation thereof); (vi) that the Premises have been completed in accordance with the terms and provisions hereof or the Workletter, that Tenant has accepted the Premises and the condition thereof and of all improvements thereto and has no claims against Landlord or any uncured defaults on the part of the requesting other party hereunder, or specifying such defaults if they are claimedwith respect thereto; and (dvii) certifying to such other mattersadditional matters as may be requested by Landlord, relative to the Premises, this Lease and Tenant, as Landlord may request. Any it being agreed that such statement certificate may be relied upon by any prospective purchaser purchaser, mortgagee, or lender of all other person having or any portion of acquiring an interest in the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advanceBuilding. If Tenant is required or requested fails to execute more than one and deliver the estoppel certificate or similar document in any twelve (12) month periodwithin the time period required hereunder, Landlord Tenant shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up be irrevocably deemed to a total charge of five hundred dollars ($500.00)have agreed that the statements contained therein are true and correct.

Appears in 1 contract

Sources: Office Space Lease (New Century Financial Corp)

Estoppel Certificate. Within ten Landlord and Tenant each agrees that it will, at any time and from time to time, within twenty (1020) business days after request therefor following written notice by Landlordthe other party hereto specifying that it is given pursuant to this provision, or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party who gave such notice a statement in writing: (a) writing certifying that this Lease is unmodified and in full force and effect or(or if there have been modifications, if modified, stating that the nature of such modification and certifying that this Lease, as so modified, same is in full force and effect; (b) certifying effect as modified, and stating the modifications), and the dates to which the Rent rent and any other charges are payments due hereunder from Tenant have been paid in advance, if any; (c) acknowledging that there are , and stating whether or not, to such party’s knowledge, any uncured defaults on the part best of knowledge of the requesting signer of such certificate, the other party hereunderis in default in performance of any covenant, agreement or condition contained in this lease, and, if so, specifying each such defaults if they are claimed; default of which the signer may have knowledge. The failure of either party to execute, acknowledge and (d) certifying to such other matters, relative deliver to the Premisesother a statement in accordance with the foregoing provisions within the twenty (20) day period shall constitute an acknowledgment by the party given such notice, this Lease and Tenant, as Landlord may request. Any such statement which may be relied upon on by any prospective purchaser person holding or lender of all proposing to acquire an interest in the Shopping Center or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shallthis Lease from or through the other party, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) that this Lease is unmodified and in full force and effect, without modification except as may be represented by effect and that the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent rent has been duly and fully paid in advanceto and including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, a waiver of any default which may exist prior to the date of such notice. If Tenant is required or requested The Landlord also agrees to execute provide such an estoppel certificate as above described directly to Tenant's first mortgagee upon written request by such mortgagee. Such request shall not be made more than one estoppel certificate or similar document in any twelve (12) month period, once a year and Landlord shall reimburse Tenant for its legal fees incurred in having have ten (10) business days following the written request to submit such documents reviewed, up to a total charge of five hundred dollars ($500.00)certificate.

Appears in 1 contract

Sources: Ground Lease (Founders Food & Firkins LTD /Mn)

Estoppel Certificate. Within Tenant will at any time and from time to time upon not less than ten (10) days after request therefor business days’ prior written notice by Landlord, or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party Landlord a statement in writing: (a) certifying that whether this Lease Agreement is unmodified and in full force and effect oror if there have been modifications, if modified, stating whether the nature of such modification and certifying that this Lease, as so modified, same is in full force and effect; (b) certifying effect as modified and stating the modifications, and the dates to which the Rent have been paid and other charges are whether any such Rent has been paid in advance, and stating whether or not to the best knowledge of the signer of such certificate either party is in default in the keeping, observance or performance of any covenant, agreement, term, provision or condition contained in this Lease Agreement and, if any; (c) acknowledging that there are notso, to specifying each such party’s default of which the signer may have knowledge, it being intended that any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all mortgagee, or any portion prospective purchaser, lessee, sublessee, mortgagee, or assignee of any mortgage, of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advancepart thereof. If Tenant is required shall fail or requested otherwise refuse to execute more than one an estoppel certificate or similar document certificate, in any twelve accordance with the provisions set forth herein, within ten (1210) month periodbusiness days after receipt of written notice from the Landlord requesting same, then and upon such event, Tenant shall be deemed to have appointed Landlord and Landlord shall reimburse thereupon be regarded as the irrevocable attorney-in-fact of Tenant duly authorized to execute and deliver the required certificate for its legal fees incurred in having such documents reviewed, up to a total charge and on behalf of five hundred dollars ($500.00)Tenant.

Appears in 1 contract

Sources: Lease Agreement (Samsara Vision, Inc)

Estoppel Certificate. Within ten (10) days after request therefor by Tenant shall, at any time and from time to time, upon not less than 10 days' prior written notice from Landlord, or if on any saleexecute, assignment or hypothecation by acknowledge and deliver to Landlord of Landlord’s interest a written statement substantially in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall deliver to the requesting party a statement in writing: form of Exhibit "D" certifying (ai) certifying that this Lease represents the entire agreement between Landlord and Tenant, and 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; ), (bii) certifying the dates to which the Rent and other charges are paid in advance, if any; (ciii) acknowledging the Lease Commencement Date and expiration date of the Lease Term, (iv) whether Tenant has assigned or transferred this Lease or any interest of Tenant therein; and (v) that there are not, to such party’s Tenant's knowledge, any uncured defaults on the part of the requesting party hereunderLandlord hereunder and that Tenant has no right of offset, counterclaim or deduction against Rent, or specifying such defaults if they any are claimed; and (d) certifying to such other mattersclaimed together with the amount of any offset, relative to the Premises, this Lease and counterclaim or deduction alleged by Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion upon the security of the real property of which the Building and the Premises or any leasehold interest thereinare a part. The Tenant's failure to deliver such statement within such the time shall, at Landlord’s option be an Event of Default hereunder and required shall be conclusive and binding upon the party upon whom the request is made that: Tenant that (ia) this Lease is in full force and effect, without modification except as may be represented by the requesting party; Landlord, (iib) there are no uncured defaults on the requesting party’s performance; in Landlord's performance and that Tenant has no right of offset, counterclaim or deduction against Rent, and (iiic) no more than one month's Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00).

Appears in 1 contract

Sources: Shopping Center Lease Addendum (Nara Bancorp Inc)

Estoppel Certificate. Within ten (10) business days after written request therefor by Landlordeither Party, or if on any salethe other Party shall execute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party Party a statement in writing: writing (ai) certifying certifying, to the extent true or known, that this Lease is unmodified and in full force and effect or, (or if modified, stating the nature of such modification and certifying certifying, to the extent true or known, that this Lease, as so modified, is in full force and effect; (b) certifying ), the dates to which the Base Rent and Additional Rent and any other charges payable by Tenant hereunder are paid in advance, if any; , (cii) acknowledging that there are not, to such partythe certifying Party’s knowledge, any uncured defaults on the part of the requesting party hereunder, Party hereunder or specifying such defaults if they any are claimed; , and (diii) certifying in case of a transfer of Landlord’s interest, and T▇▇▇▇▇’s receipt of written notice from Landlord and such transferee confirming the nature and occurrence of such transfer and requesting Tenant’s attornment, attorning to such other mattersthe transferee, relative to provided the transferee acknowledges Tenant’s rights under this Lease. Landlord and Tenant hereby acknowledge that prospective purchasers and encumbrancers of the Premises, this Lease and Tenant’s business, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises Property, may incur obligations or any leasehold interest thereinextend credit in reliance upon such estoppel certificate. The failure If the certifying Party fails to deliver such statement to the requesting Party within said ten (10) business day period, the requesting Party shall give the certifying Party an additional written notice of such time shallrequest. If such statement in not received by the requesting Party within two (2) business days after such additional request, at Landlord’s option be an Event of Default hereunder such failure shall conclusively evidence the representation and shall be conclusive and binding upon the party upon whom the request is made agreement that: (i) this Lease is in full force and effect, without modification modification, except as may be represented by the requesting partyParty may represent; (ii) there are no uncured defaults on in the requesting partyParty’s performanceperformance hereunder; and (iii) no Rent T▇▇▇▇▇ has been not paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document month’s Rent in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)advance.

Appears in 1 contract

Sources: Commercial Lease (Encore Medical, Inc.)

Estoppel Certificate. Within ten Tenant shall execute (10and acknowledge if required by any lender or ground lessor) and deliver to Landlord, within not less than five (5) days after request therefor by Landlord, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from provides such to Tenant, Tenant shall deliver to the requesting party a statement in writing: (a) writing 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 Leasemodification), as so modified, is in full force and effect; (b) certifying the dates date to which the Rent and other charges are paid in advance, if any; (c) , acknowledging that there are not, to such party’s Tenant's knowledge, any uncured defaults on the part of the requesting party hereunder, Landlord hereunder or specifying such defaults if they as are claimed; , and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, matters as Landlord may requestreasonably require. Any such statement may be conclusively relied upon by Landlord any prospective purchaser or lender of all or any portion encumbrancer of the Premises or any leasehold interest thereinPremises. The Tenant's failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: Tenant that (ia) this Lease is in full force and effect, without modification except as may be represented by the requesting partyLandlord; (iib) there are no uncured defaults on the requesting party’s in Landlord's performance; and (iiic) no not more than one month's Rent has been paid in advance, except in those instances when Tenant pays Rent quarterly in advance pursuant to Section 8 hereof, then not more than three month's Rent has been paid in advance. If Failure by Tenant is required to so deliver such certified estoppel certificate shall be a default of the provisions of this Lease. Tenant shall be liable to Landlord, and shall indemnify Landlord from and against any loss, cost, damage or requested expense, incidental, consequential, or otherwise, arising or accruing directly or indirectly, from any failure of Tenant to execute more than one or deliver to Landlord any such certified estoppel certificate or similar document in certificate, together with any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)and all Enforcement Expenses.

Appears in 1 contract

Sources: Lease Agreement (Ameriquest Technologies Inc)

Estoppel Certificate. Within ten Tenant shall, within fifteen (1015) days after request therefor by receipt of written notice from Landlord, or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party a statement in writing: writing substantially in the form attached to this Lease as Exhibit F, or on any other form reasonably requested by a current or proposed Lender or encumbrancer or proposed 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, Lease as so modified, modified is in full force and effect; (b) certifying and the dates to which the Rent rental and other charges are paid in advance, if any; , (cb) acknowledging that there are not, to such partyTenant’s knowledge, any uncured defaults on the part of the requesting party Landlord hereunder, or specifying such defaults if they any are claimed; , and (dc) certifying setting forth such further factual information with respect to such other matters, relative to the Premises, this Lease and Tenant, or the Premises as Landlord may requestbe requested thereon. Any such statement may be relied upon by any prospective purchaser or lender encumbrancer of all or any portion of the Premises or any leasehold interest thereinProperty. The Tenant’s failure to deliver such statement within the prescribed time if such time failure continues for more than five (5) days after Landlord gives Tenant written notice thereof shall, at Landlord’s option be an Event of option, constitute a Default hereunder (as defined below) under this Lease, and, in any event, the statements contained in the certificate prepared by Landlord and delivered to Tenant for execution shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effectTenant. Tenant shall provide Landlord, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; same terms and (iii) no Rent has been paid in advance. If Tenant is required or requested conditions, with similar statements from the Guarantor with respect to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)the Guaranty.

Appears in 1 contract

Sources: Sublease (Momenta Pharmaceuticals Inc)

Estoppel Certificate. Within Tenant shall, within ten (10) days after request therefor by receipt of written notice from Landlord, or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party a statement in writing: writing substantially in the form attached to this Lease as Exhibit I, or on any other commercially reasonable form reasonably requested by a current or proposed Lender or encumbrancer or proposed 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, Lease as so modified, modified is in full force and effect; (b) certifying and the dates to which the Rent rental and other charges are paid in advance, if any; , (cb) acknowledging that there are not, to such partyTenant’s knowledge, any uncured defaults on the part of the requesting party Landlord hereunder, or specifying such defaults if they any are claimed; , and (dc) certifying setting forth such further information with respect to such other matters, relative to the Premises, this Lease and Tenant, or the Premises as Landlord may requestbe requested thereon. Any such statement statements may be relied upon by any prospective purchaser or lender encumbrancer of all or any portion of the Premises or any leasehold interest thereinProperty. The failure If Tenant fails to deliver any such statement within such time prescribed time, and then fails to deliver any such statement within two (2) business days after receipt of a second notice from Landlord, such failure shall, at Landlord’s option be an Event of option, constitute a Default hereunder and (as defined below) under this Lease, and, in any event, shall be conclusive and binding upon Tenant that the party upon whom the request is made that: (i) this Lease is in full force and effect, effect and without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document Landlord in any twelve (12) month period, certificate prepared by Landlord shall reimburse and delivered to Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)execution.

Appears in 1 contract

Sources: Lease (Unity Biotechnology, Inc.)

Estoppel Certificate. Within ten Landlord and Tenant each agrees that it will, within twenty (1020) business days after request therefor following written notice by Landlordthe other party hereto specifying that it is given pursuant to this provision, or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest in the Premisesacknowledge and deliver, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall deliver to the requesting party who gave such notice, a statement statement, in writing, certifying: (a) certifying that this Lease is unmodified and in full force and effect or(or if there have been modifications, if modified, stating that the nature of such modification and certifying that this Lease, as so modified, same is in full force and effecteffect as modified, and stating the modifications); (b) certifying the dates to which the Rent rent and any other charges are payments due hereunder from Tenant have been paid in advance, if any; (c) acknowledging that there are stating whether or not, to such party’s knowledge, any uncured defaults on the part best of knowledge of the requesting signer of such certificate, the other party hereunderis in default in performance of any covenant, agreement or condition contained in this Lease, and, if so, specifying each such defaults if they are claimed; default of which the signer may have knowledge. The failure of either party to execute, acknowledge and (d) certifying to such other matters, relative deliver to the Premisesother a statement in accordance with the foregoing provisions within the twenty (20) day period shall constitute an acknowledgment by the party given such notice, this Lease and Tenant, as Landlord may request. Any such statement which may be relied upon on by any prospective purchaser person holding or lender of all proposing to acquire an interest in Technology Park II or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shallthis Lease from or through the other party, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (ia) this Lease is unmodified and in full force and effect, without modification except as may be represented by the requesting party; (iib) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent rent has been paid in advanceduly and fully paid, to and including, the respective due dates immediately preceding the date of such notice. If Tenant is required or requested It shall further constitute, as to execute any person entitled as aforesaid to rely upon such statements, a waiver of any default which may exist prior to the date of such notice. The Landlord also agrees to provide Tenant’s mortgagee an estoppel certificate, as described above, upon written request by such mortgagee. Such request shall not be made more than one estoppel certificate or similar document in any twelve (12) month period, once a year and Landlord shall reimburse Tenant for its legal fees incurred in having have ten (10) business days following the written request to submit such documents reviewed, up to a total charge of five hundred dollars ($500.00)certificate.

Appears in 1 contract

Sources: Ground Lease (Alien Technology Corp)

Estoppel Certificate. Within Tenant shall execute (and acknowledge if required by any lender or ground lessor) and deliver to Landlord, within ten (10) days after request therefor by Landlord, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from provides such to Tenant, Tenant shall deliver to the requesting party a statement in writing: (a) writing 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 Leasemodification), as so modified, is in full force and effect; (b) certifying the dates date to which the Rent and other charges are paid in advance, if any; (c) , acknowledging that there are not, to such partyTenant’s knowledge, any uncured defaults on the part of the requesting party hereunder, Landlord hereunder or specifying such defaults if they as are claimed; , and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, matters as Landlord may requestreasonably require. Any such statement may be conclusively relied upon by Landlord and any prospective purchaser or lender of all or any portion encumbrancer of the Premises Building or any leasehold interest thereinother portions of the Project. The Tenant’s failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: Tenant that (ia) this Lease is in full force and effect, without modification except as may be represented by the requesting partyLandlord; (iib) there are no uncured defaults on the requesting partyin Landlord’s performance; and (iiic) no not more than one month’s Rent has been paid in advance. If In addition, if Tenant is required shall fail to deliver an estoppel certificate within three (3) days after receipt of a second written notice, then Tenant shall be liable to Landlord, and shall indemnify Landlord from and against any loss, cost, damage or requested expense, incidental, consequential, or otherwise, including attorneys’ fees, arising or accruing directly or indirectly, from any failure of Tenant to execute more than one or deliver to Landlord any such estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)certificate.

Appears in 1 contract

Sources: Lease Agreement (Gsi Group Inc)

Estoppel Certificate. Within At any time and from time to time, within ten (10) calendar days after of written request therefor by Landlord, or if on any sale, assignment or hypothecation by Landlord 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 Landlord’s interest in any or all of the Premises, the Property, any interest therein or any part thereofof Landlord's rights under this Lease) an instrument in recordable form, an estoppel certificate shall be required from Tenant, Tenant shall deliver to the requesting party a statement in writingcertifying: (a) certifying 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 obligations under this Lease (and, if so, specifying the same); (d) that this Lease is unmodified and in full force and effect (or, if modifiedthere have been modifications, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying the dates to which the Rent and other charges are paid in advance, if any; (c) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification as modified, and stating the date and nature of each modification); (e) the capacity of the person executing such certificate, and that such person is duly authorized to execute the same on behalf of Tenant; (f) the date, if any, to which rent and other sums payable hereunder have been paid; (g) that no notice has been received by Tenant of any default which has not been cured, except as to defaults specified in the certificate; (h) the amount of any Security Deposit and Prepaid Rent; (i) such other matters as may be represented requested by the requesting party; (ii) there are no uncured defaults on the requesting party’s performanceLandlord; and (iiij) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document acknowledging and agreeing that any statement contained in any twelve (12) month periodsuch certificate may be relied upon by Landlord, any existing or prospective purchaser, transferee, assignee or Senior Holder and/or any other party named as a beneficiary of such certificate. Tenant shall defend, indemnify and hold Landlord shall reimburse Tenant for its legal harmless from and against all costs, damages, expenses, liabilities and fees, including, without limitation, reasonable attorneys' fees incurred and any consequential damages or lost profits, arising from or in having any way related to or connected with Tenant's failure to deliver any such documents reviewed, up to a total charge of five hundred dollars ($500.00)certificate within the time specified in this Subsection 23.6.

Appears in 1 contract

Sources: Lease Agreement (Computerized Thermal Imaging Inc)

Estoppel Certificate. Within Tenant shall, within ten (10) business days after request therefor by receipt of written notice from Landlord, or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party a statement in writing: writing substantially in the form attached to this Lease as Exhibit H, or on any other form reasonably requested by a current or proposed Lender or encumbrancer or proposed 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, Lease as so modified, modified is in full force and effect; (b) certifying and the dates to which the Rent rental and other charges are paid in advance, if any; , (cb) acknowledging that there are not, to such partyTenant’s knowledge, any uncured defaults on the part of the requesting party Landlord hereunder, or specifying such defaults if they any are claimed; , and (dc) certifying setting forth such further information with respect to such other matters, relative to the Premises, this Lease and Tenant, or the Premises as Landlord may requestbe requested thereon. Any such statement statements may be relied upon by any prospective purchaser or lender encumbrancer of all or any portion of the Premises or any leasehold interest thereinProperty. The Tenant’s failure to deliver any such statement within such the prescribed time if such failure continues for more than five (5) days after Landlord gives Tenant a second written notice thereof shall, at Landlord’s option be an Event of option, constitute a Default hereunder and (as defined below) under this Lease, and, in any event, shall be conclusive and binding upon Tenant that the party upon whom the request is made that: (i) this Lease is in full force and effect, effect and without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document Landlord in any twelve (12) month period, certificate prepared by Landlord shall reimburse and delivered to Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)execution.

Appears in 1 contract

Sources: Lease (Omega Therapeutics, Inc.)

Estoppel Certificate. Within ten (10) business days after request therefor following Landlord’s request, Tenant shall execute, acknowledge and deliver written estoppel certificates addressed to (i) any Holder 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 commercially reasonable 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 if on any salepurchaser(s) may reasonably require, assignment or hypothecation by Landlord of Landlord’s interest in including, without limitation, the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall deliver to the requesting party a statement in writingfollowing: (a) certifying that this Lease is unmodified and in full force and effect (or in full force and effect as modified, and stating the modifications); (b) the amount of, and date to which Rent and other charges have been paid in advance; (c) the amount of any Security Deposit; and (d) acknowledging that to Tenant’s current knowledge without duty of inquiry, Landlord is not in default under this Lease (or, if modifiedLandlord is claimed to be in default, stating the nature of the alleged default). Any such modification estoppel certificate may be relied upon by any such mortgagee or purchaser. If Tenant fails to execute any such certificate complying with the above provisions within the period described above, and certifying thereafter Tenant does not deliver such executed document within ten (10) days of written notice from Landlord of such failure, such failure shall, at Landlord’s election, constitute an Event of Default hereunder and shall be conclusive upon Tenant that (1) this Lease, as so modified, Lease is in full force and effecteffect and has not been modified except as represented by Landlord; (b2) not more than one month’s Rent has been paid in advance; and (3) Landlord is not in default under this Lease. At any time and from time to time, in the context of a sale of Tenant’s business or a financing thereof only, and upon not less than fifteen (15) business days’ prior notice from Tenant, Landlord shall execute and deliver to Tenant a statement addressed to any lender, investor or acquirer of Tenant or prospective lender, lender or acquirer of Tenant, on a commercially reasonable form specified by Tenant, certifying (i) the titles and dates of the documents then comprising the Lease, (ii) the current amounts of and the dates to which the Rent and other charges are paid in advancehave been paid, if any; (ciii) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative amount to the PremisesSecurity Deposit then held by Landlord, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If to the best of Landlord’s knowledge without duty of inquiry that Tenant is required not in default under this Lease (or requested to execute more than one estoppel certificate or similar document if Tenant is in any twelve (12) month perioddefault, Landlord shall reimburse Tenant for its legal fees incurred in having specifying the nature of such documents reviewed, up to a total charge of five hundred dollars ($500.00default).

Appears in 1 contract

Sources: Lease Agreement (Advent Software Inc /De/)

Estoppel Certificate. Within ten Tenant further agrees at any time and from time to -------------------- time on or before TEN (10) (6) days after written request therefor by Landlord, or if on any saleto execute, assignment or hypothecation by acknowledge and deliver to Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall deliver certifying (to the requesting party a statement in writing: (aextent it believes the same to be true) certifying that this Lease is unmodified and in full force and effect or(or if there have been modifications, if modified, stating that the nature of such modification and certifying that this Lease, as so modified, same is in full force and effect; effect as modified, and stating the modifications), that there have been no defaults thereunder by Landlord or Tenant (b) certifying or if there have been defaults, setting forth the dates nature thereof), the date to which the Rent rent and other charges are paid in advancehave been paid, if any; (c) acknowledging that there are not, to such party’s knowledgethe amount of any security deposit, any uncured defaults on the part Commencement Date and Termination Date of the requesting party hereunderterm, whether or specifying such defaults if they are claimed; and (d) certifying not Tenant has any options to such other matters, relative to extend the term or expand the Premises, this Lease that Tenant claims no present charge, lien, claim or offset against rent, the rent is not prepaid for more than one month in advance and Tenantsuch other matters as may be reasonably required by Landlord, as Landlord may requestLandlord's. Any mortgagee, or any potential purchaser of the Building, it being intended that any such statement delivered pursuant to this Paragraph may be relied upon by any prospective purchaser or lender of all or any portion of Landlord's interest herein, or a current or future holder of any mortgage or deed of trust encumbering any portion of the Premises or any leasehold interest thereinBuilding Complex. The Tenant's failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) a default under this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)Lease.

Appears in 1 contract

Sources: Office Building Lease (Colorado Business Bankshares Inc)

Estoppel Certificate. Within (a) Tenant shall from time to time, upon not less than ten (10) days after request therefor days’ prior notice, submit to Landlord, or to any person designated by Landlord, or if on any salein a form presented by ▇▇▇▇▇▇▇▇, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall deliver to the requesting party a statement in writingwriting certifying: (ai) certifying that this Lease is unmodified and in full force and effect or(or if there have been modifications, if modified, stating identifying the same by the date thereof and specifying the nature thereof); (ii) that to the knowledge of Tenant no uncured default exists hereunder (or if such modification uncured default does exist, specifying the same); (iii) the dates to which Rental and certifying other charges payable hereunder have been paid; (iv) that Tenant has no claims against Landlord and no defenses or offsets to Rental except for the continuing obligations under this Lease (or if Tenant has any such claims, defenses or offsets, specifying the same); and (v) such other matters as may be requested by Landlord. (b) If Tenant shall fail to respond within ten (10) days of receipt by Tenant of a written request by Landlord as herein provided, Tenant shall be deemed to have given such certificate 9044.051 Five Oaks Flex Lease to Credence Lot 3 v2 as above provided, without modification, and shall be deemed to have admitted the accuracy of any information supplied by Landlord to a prospective purchaser or mortgagee and that this Lease, as so modified, Lease is in full force and effect; , that there are not uncured defaults in Landlord’s performance, that the Security Deposit is as stated in the Basic Lease Provisions and that not more than one (b1) certifying the dates to which the Rent and other charges are month’s Minimum Monthly Rental has been paid in advance, if any; . (c) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement certificate may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)lender.

Appears in 1 contract

Sources: Commercial Lease (Credence Systems Corp)

Estoppel Certificate. Within ten (10) days after request therefor therefore by Landlord or Tenant, the recipient of such request (“Recipient”) shall execute and deliver (in recordable form) a certificate to any proposed mortgagee or purchaser, requested by the requesting party, together with a true and correct copy of this Lease, certifying (with such exceptions or modifications as may be the case) that to the actual knowledge of the recipient, this Lease is in full force and effect without modification, (i) the amount, if any, of Prepaid Rent and Deposit paid by Tenant to Landlord, (ii) that the Recipient has performed all of its obligations due to be performed under this Lease and that there are no defenses, counterclaims, deductions or if offsets outstanding or other excuses for the Recipient’s performance under this Lease, and (iii) any other fact reasonably requested by requesting party or such proposed mortgagee or purchaser. The requesting party may present to the Recipient a form of such certificate, and Recipient’s failure to properly execute and deliver such form of certificate (with such exceptions or modifications noted therein as may be asserted by the Recipient in good faith) within ten (10) days after receipt of written request therefore shall be deemed conclusive upon the Recipient as to the truth of all statements contained therein as presented and may be relied on by any sale, assignment person holding or hypothecation by Landlord of Landlord’s proposing to acquire an interest in the Premises, Premises or any part thereofthereof or this Lease from or through the other party, an estoppel certificate shall be required from Tenant, Tenant shall deliver to the requesting party a statement in writing: (a) certifying that this Lease is unmodified and in full force and effect oreffect. Further, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying the dates to which the Rent and other charges are paid in advance, if any; (c) acknowledging that there are not, to such partyRecipient’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to properly execute and deliver such statement form of certificate within such time ten (10) days after receipt of written request therefore, shall, at Landlordthe requesting party’s option option, be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) under this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)Lease.

Appears in 1 contract

Sources: Office Lease (Towerstream Corp)

Estoppel Certificate. Within 31.1 Tenant shall from time to time within ten (10) days after request therefor by Landlordprior written notice from Landlord execute, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party Landlord a statement in writing: writing in the form set forth in Exhibit E attached hereto, or such other form as may be customarily required by Landlord's Mortgagee, (ai) 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; (b) certifying and the dates date to which the Rent and other charges are paid in advance, if any; (cii) acknowledging that there are not, to such party’s Tenant's knowledge, any uncured defaults on the part of the requesting party hereunder, Landlord hereunder (or specifying such defaults if they are claimed); and (diii) certifying to containing such other matters, relative to the Premises, this Lease and Tenant, matters as Landlord may requestare set forth in such form. Any such statement may be conclusively relied upon by any prospective purchaser or lender of all or any portion encumbrancer of the Premises or any leasehold interest thereinPremises. The Tenant's failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) Tenant that this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) Landlord, that there are no uncured defaults on the requesting party’s in Landlord's performance; , and that not more than one (iii1) no month's Rent has been paid in advance. If Failure of Tenant is required or requested to so deliver such statement shall be a material default hereunder. Tenant hereby irrevocably appoints Landlord as its attorney-in-fact to execute more than one estoppel certificate or similar document and deliver such statement to any third party in any twelve (12) month period, Landlord shall reimburse the name and on behalf of Tenant for its legal fees incurred in having such documents reviewed, up if Tenant fails to a total charge of five hundred dollars ($500.00)comply with the foregoing.

Appears in 1 contract

Sources: Office Lease (Trimark Holdings Inc)

Estoppel Certificate. Within ten Tenant shall, within five (105) days after request therefor by Landlord's request, or if on any sale, assignment or hypothecation by execute and deliver to Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate in favor of Landlord and other persons as Landlord shall be required from Tenant, Tenant shall deliver to request setting forth the requesting party a statement in writingfollowing: (a) certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature a ratification of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying the dates to which the Rent Commencement Date and other charges are paid in advance, if anyExpiration Date; (c) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effecteffect and has not been assigned, without modification modified, supplemented or amended (except by such writing signed by Landlord as may shall be represented by the requesting partystated); (iid) there are that all conditions under this Lease to be performed by Landlord have been satisfied, or, in the alternative, those claimed by Tenant to be unsatisfied; (e) that no uncured defaults on defenses or offsets exist against the requesting party’s performanceenforcement of this Lease by Landlord, or, in the alternative, those claimed by Tenant; (f) the amount of advance rent, if any (or none if such is the case), paid by Tenant; (g) the date to which rent has been paid; (h) the amount of the Security Deposit; and (iiii) no Rent has been paid in advancesuch other information as Landlord may request. If Tenant is required or requested Landlord's mortgage lenders and purchasers shall be entitled to execute more than one rely on any estoppel certificate or similar document in any twelve not returned within such five (125) month day period, and Tenant shall be deemed to have admitted and confirmed to Landlord and Landlord's mortgage lenders and purchasers the information contained in such certificate, or in the alternative, at Landlord's election, Landlord may execute the same on behalf of Tenant as Tenant's duly authorized attorney-in-fact. For such purpose, Tenant makes, constitutes and appoints Landlord as Tenant's true and lawful attorney to act for Tenant and in Tenant's name, place and stead and for Tenant's use and benefit. Such power of attorney shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up be irrevocable and shall be deemed to a total charge of five hundred dollars ($500.00)be coupled with an interest.

Appears in 1 contract

Sources: Shopping Center Lease (MCT Holding Corp)

Estoppel Certificate. Within Each party shall, within ten (10) days after request therefor by Landlordreceipt of written notice from the other party, or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party a statement in writing: writing substantially in the form attached to this Lease as Exhibit J, or on any other form reasonably requested by (i) a current or proposed Lender or encumbrancer or proposed purchaser or a lender, or (ii) a lender, proposed lender, partner, proposed partner, or purchaser or proposed purchaser of Tenant, (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, Lease as so modified, modified is in full force and effect; (b) certifying and the dates to which the Rent rental and other charges are paid in advance, if any; , (cb) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they any are claimed; , and (dc) certifying setting forth such further information with respect to such other matters, relative to the Premises, this Lease and Tenant, or the Premises as Landlord may requestbe requested thereon. Any such statement statements may be relied upon by any prospective purchaser or lender encumbrancer of all or any portion of the Premises Property and by any prospective purchaser, partner or any leasehold interest thereinlender of Tenant. The Tenant’s failure to deliver any such statement within such prescribed time if such failure continues for more than five (5) days after Landlord gives Tenant written notice thereof shall, at Landlord’s option be an Event of option, constitute a Default hereunder and (as defined below) under this Lease, and, in any event, shall be conclusive and binding upon the party upon whom providing the request is made that: (i) this estoppel that the Lease is in full force and effect, effect and without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on party in any certificate prepared by the requesting party’s performance; party and (iii) no Rent has been paid in advance. If Tenant is required or requested delivered to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant the other party for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)execution.

Appears in 1 contract

Sources: Lease (Intellia Therapeutics, Inc.)

Estoppel Certificate. Within Tenant agrees that, from time to time upon not less than ten (10) days after days’ prior request therefor by Landlord, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall execute and deliver to the requesting party Landlord a statement in writingwritten certificate certifying: (ai) certifying that this Lease is unmodified and in full force and effect or(or if there have been modifications, if modified, stating the nature a description of such modification modifications and certifying that this Lease, Lease as so modified, modified is in full force and effect); (bii) certifying the dates to which Rent has been paid; (iii) that Tenant is in possession of the Rent and other charges are paid in advancePremises, if anythat is the case (iv) that Landlord is not in default under this Lease, or, if Tenant believes Landlord is in default, the nature thereof in detail; (cv) acknowledging that tenant has no off-sets or defenses to the performance of its obligations under this Lease (or if Tenant believes there are notany off-sets or defenses, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimeda full and complete explanation thereof); and (dvi) certifying to such other mattersadditional matters as may be requested by Landlord, relative to the Premises, this Lease and Tenant, as Landlord may request. Any it being agreed that such statement certificate may be relied upon by any prospective purchaser purchaser, mortgagee, or lender of all other person having or any portion of acquiring an interest in the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advanceBuilding. If Tenant is required or requested fails to execute more than one estoppel and deliver any such certificate or similar document within ten (10) days after request, Tenant shall be deemed to have irrevocably appointed Landlord and Landlord’s beneficiaries as Tenant’s attorneys-in-fact to execute and deliver such certificate in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)Tenant’s name.

Appears in 1 contract

Sources: Office Lease (Addus HomeCare Corp)

Estoppel Certificate. Within ten (10) days after request therefor by Landlord, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall deliver to the requesting party a statement in writing: (a) certifying that this Lease is unmodified At any time, and from time to time, Debtor and Beneficiary agree, promptly and in full force no event later than 10 Business Days after a request from the other, to execute, acknowledge and effect ordeliver a certificate, if modified, stating certifying: (1) the nature date to which principal and interest have been paid under the Note and the amount thereof then payable; (2) that no notice has been received by Debtor (in the case of such modification and certifying that this Leasea certificate given by Debtor) or given by Beneficiary (in the case of a notice given by Beneficiary), as so modifiedthe case may be, of any Event of Default under this Deed of Trust which has not been cured, except as to Events of Default specified in the certificate; (3) the capacity of the person executing such certificate, and that such person is in full force duly authorized to execute the same on behalf of Debtor or Beneficiary, as the case may be; and effect; (4) any other information reasonably requested by Debtor or Beneficiary, as the case may be. (b) certifying If Debtor or Beneficiary shall fail or refuse to sign a certificate in accordance with the dates provisions of this Section within 10 days following a request by Debtor or Beneficiary, as the case may be, Debtor or Beneficiary, as the case may be, irrevocably constitutes and appoints Debtor or Beneficiary, as the case may be, as its attorney-in-fact to which execute and deliver the Rent certificate to any such third party, it being stipulated that such power of attorney is coupled with an interest and is irrevocable and binding; provided, however, each request by Debtor or Beneficiary, as the case may be, shall state that a failure to timely deliver such certificate shall irrevocably constitute and appoint the other charges are paid in advance, if any; (c) acknowledging that there are not, as its attorney-in-fact to execute and deliver the certificate to such third party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00).

Appears in 1 contract

Sources: Loan Agreement (Rc Arbys Corp)

Estoppel Certificate. Within Tenant agrees that, from time to time upon not less than ten (10) days after days’ prior written request therefor by Landlord, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall execute and deliver to the requesting party Landlord a statement in writingwritten certificate certifying: (ai) certifying that this Lease is unmodified and in full force and effect or(or if there have been modifications, if modified, stating the nature a description of such modification modifications and certifying that this Lease, Lease as so modified, modified is in full force and effect); (bii) certifying the dates to which Rent has been paid; (iii) that Tenant is in possession of the Rent and other charges are paid in advancePremises, if anythat is the case; (civ) acknowledging that Landlord is not in default under this Lease, or, if Tenant believes Landlord is in default, the nature thereof in detail; (v) that Tenant has no off-sets or defenses to the performance of its obligations under this Lease (or if Tenant believes there are notany off-sets or defenses, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimeda full and complete explanation thereat); and (dvi) certifying to such other mattersadditional matters as may be requested by Landlord, relative to the Premises, this Lease and Tenant, as Landlord may request. Any it being agreed that such statement certificate may be relied upon by any prospective purchaser purchaser, mortgagee, or lender of all other person having or acquiring an interest in the Building. If Tenant fails to execute and deliver any portion of such certificate within ten days after request, such event shall be considered a Default under this Lease, or at Landlord’s option, the Premises or any leasehold interest therein. The failure to deliver such statement instruments within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) Tenant that this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) Landlord, there are no uncured defaults on the requesting partyby or defenses or claims against Landlord and that not more than one (1) month’s performance; and (iii) no Rent has been paid in advance. If advance and Tenant is required shall be estopped from asserting any defaults, defenses or requested claims known to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)it at that time.

Appears in 1 contract

Sources: Office Lease (New World Technologies, Inc.)

Estoppel Certificate. Within ten (10) business days after written request therefor by Landlordeither party, or if on any salethe other party shall execute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party a statement in writing: writing (ai) certifying that this Lease is unmodified and in full force and effect or, (or if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying ), the dates to which the Rent and any other charges payable by Tenant hereunder are paid in advance, if any; , (cii) acknowledging that there are not, to such the certifying party’s knowledge, any uncured defaults on the part of the requesting party hereunder, hereunder or specifying such defaults if they any are claimed; , and (diii) certifying in case of a transfer of Landlord’s interest, attorning to such other mattersthe transferee, relative to provided the transferee acknowledges T▇▇▇▇▇’s rights under this Lease. Landlord and Tenant hereby acknowledge that prospective purchasers and encumbrancers of the Premises, this Lease and Tenant’s business, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises Property, may incur obligations or any leasehold interest thereinextend credit in reliance upon the representations contained in such statement. The failure If the certifying party fails to deliver such statement to the requesting party within said ten (10) business day period, the requesting party shall give the certifying party an additional written notice of such time shallrequest. If such statement in not received by the requesting party within two (2) business days after such additional request, at Landlord’s option be an Event of Default hereunder such failure shall conclusively evidence the representation and shall be conclusive and binding upon the party upon whom the request is made agreement that: (i) this Lease is in full force and effect, without modification modification, except as may be represented by the requesting partyparty may represent; (ii) there are no uncured defaults on in the requesting party’s performanceperformance hereunder; and (iii) no Rent T▇▇▇▇▇ has been not paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document month’s rent in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)advance.

Appears in 1 contract

Sources: Commercial Lease (Ciprico Inc)

Estoppel Certificate. Within ten Each party shall execute (10and acknowledge if required by any lender or ground lessor) and deliver to the other, within seven (7) days after receipt of written request therefor by Landlordtherefor, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall deliver to the requesting party a statement in writing: (a) writing 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 Leasemodification), as so modified, is in full force and effect; (b) certifying the dates date to which the Rent and other charges are paid in advance, if any; (c) , acknowledging that there are not, to such party’s 's knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they as are claimed; , and (d) certifying to such other matters, relative to matters as the Premises, this Lease and Tenant, as Landlord requesting party may requestreasonably require. Any such statement may be conclusively relied upon by the requesting party and any prospective purchaser or lender of all or any portion encumbrancer of the Premises or any leasehold interest thereinPremises. The A party's failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: other that (ia) this Lease is in full force and effect, without modification except as may be represented by the requesting party; (iib) there are no uncured defaults on in the requesting party’s 's performance; and (iiic) no not more than one month's Rent has been paid in advance, except in those instances when Tenant pays Rent quarterly in advance pursuant to Section 8 hereof, then not more than three month's Rent has been paid in advance. If Failure by Tenant is required to so deliver such certified estoppel certificate shall be a material default of the provisions of this Lease. Tenant shall be liable to Landlord, and shall indemnify Landlord from and against any loss, cost, damage or requested expense, incidental, consequential, or otherwise, arising or accruing directly or indirectly, from any failure of Tenant to execute more than one or deliver to Landlord any such certified estoppel certificate or similar document in certificate, together with any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)and all Enforcement Expenses.

Appears in 1 contract

Sources: Lease Agreement (Pri Automation Inc)

Estoppel Certificate. Within ten (10) days after request therefor by Landlordeither party, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant other party shall deliver to the requesting party party, in recordable form, a statement in writing: certificate certifying (if such be the case, or otherwise setting forth any exceptions thereto) that (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; (b) certifying the dates to which the Rent and other charges are paid in advancedate of Tenant’s most recent payment of Rent, if any; or setting forth any exceptions (c) acknowledging that there are notthe certifying party has no defenses or offsets outstanding, or stating those offsets or defenses claimed by the certifying party; (d) that to such the certifying party’s knowledge, any uncured defaults on the part of the requesting party hereunderhas no defenses or offsets outstanding, or specifying such defaults if they are claimedstating those offsets or defenses claimed by the other party; and (de) certifying to such and any other matters, relative to the Premises, this Lease and information reasonably requested. Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The ’s failure to deliver such statement within such said certificate in time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made Tenant that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting partyLandlord; (ii) there are no uncured defaults on the requesting partyin Landlord’s performanceperformance and Tenant has no right of offset, counterclaim or deduction against Rent hereunder; and (iii) no more than one period’s Base Rent has been paid in advance. If Tenant Landlord’s failure to deliver said certificate in time shall be conclusive upon Landlord that: (x) this Lease is required or requested in full force and effect, without modification except as may be represented by Tenant; (y) there are no uncured defaults in Tenant’s performance; and (z) Tenant’s representation as to execute more than one estoppel the amount of Base Rent that has been paid in advance is correct. Failure of a party to deliver such a certificate or similar document to the other party within ten (10) days following Landlord’s request therefor shall be deemed such party’s acknowledgment of the correctness of the statements made in any twelve (12the foregoing sentence and that the requesting party’s mortgagee(s) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)and/or purchaser(s) may rely on said statements.

Appears in 1 contract

Sources: Lease (Jni Corp)

Estoppel Certificate. Within ten (10) days after Tenant shall at any time upon the request therefor by of Landlord, or if on any sale, assignment or hypothecation by Landlord of execute and deliver in recordable form and in substance satisfactory to Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall deliver certifying to the requesting party a statement in writingbest of Tenant’s knowledge and understanding on the date the estoppel certificate is issued: (a) certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature date Tenant accepted occupancy of such modification and certifying that this Lease, as so modified, is in full force and effectthe Demised Premises; (b) certifying the dates date to which Rent has been paid; the Rent and other charges are paid in advance, if anyamount of any Security Deposit; (c) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effecteffect and has not been modified or amended (or if modified or amended, without modification except as may describing the same) and that Tenant is not aware of any defenses or offsets thereto or defaults of Landlord under this Lease (or if any be represented by claimed, describing the requesting partysame); that the Demised Premises have been completed in accordance with the terms and provisions hereof, that Tenant has accepted the Demised Premises and the condition thereof and of all improvements thereto and has no claims against Landlord or any other party with respect thereto (ii) there are no uncured defaults on or if Tenant does not believe the requesting party’s performanceDemised Premises have been satisfactorily completed or believes it has any claims against Landlord, a full and complete explanation thereof); and such other matters as Landlord may reasonably request. Tenant’s failure to deliver such certificate within fifteen (iii15) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord days of the demand therefor shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to be a total charge of five hundred dollars ($500.00)default hereunder.

Appears in 1 contract

Sources: Lease Agreement (KMG America CORP)

Estoppel Certificate. Within (a) Tenant shall, from time to time, and within ten (10) days after request therefor by receipt of written notice from Landlord, or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party Landlord a statement in writing: writing in a form provided by Landlord (ai) 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; (b) certifying and the dates to which the Rent monthly base rent and other additional rent charges are paid in advance, if any; , (cii) verifying the commencement and termination dates of this Lease, (iii) acknowledging that there are not, to such party’s the best of Tenant's knowledge, any uncured defaults on the part of the requesting party Landlord hereunder, or specifying such defaults defaults, if they any, as are claimed; , and (div) certifying that Tenant has paid to such other matters, relative to Landlord the Premises, security deposit set forth in this Lease and Tenant, as Landlord may requestLease. Any such (▇▇▇) statement made may be relied upon by any prospective purchaser or lender encumbrancer of all or any portion of the Premises or any leasehold interest therein. The Property. (b) Tenant's failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and period shall be conclusive and binding upon the party upon whom the request is made that: Tenant (i) that this Lease is in full force and effect, without modification except as may be represented by the requesting party; Landlord, and that not more than one month's monthly base rent has been paid in advance, (ii) that the commencement and termination dates of this Lease are as represented by Landlord, (iii) that there are no uncured defaults on the requesting party’s in Landlord's performance; , and (iiiiv) no Rent that Tenant has been paid to Landlord the security deposit set forth in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)this Lease.

Appears in 1 contract

Sources: Full Service Office Lease (Puredepth, Inc.)

Estoppel Certificate. Within Tenant agrees that, from time to time upon not less than ten (10) days after days' prior request therefor by Landlord, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall execute and deliver to the requesting party Landlord a statement in writingwritten certificate certifying: (ai) certifying that this Lease is unmodified and in full force and effect or(or if there have been modifications, if modified, stating the nature a description of such modification modifications and certifying that this Lease, Lease as so modified, modified is in full force and effect); (bii) certifying the dates to which Rent has been paid; (iii) that Tenant is in possession of the Rent and other charges are paid in advancePremises, if anythat is the case; (civ) acknowledging that Landlord is not in default under this Lease, or, if Tenant believes Landlord is in default, the nature thereof in detail; (v) that Tenant has no off-sets or defenses to the performance of its obligations under this Lease (or if Tenant believes there are notany off-sets or defenses, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimeda full and complete explanation thereof); and (dvi) certifying to such other mattersadditional matters as may be requested by Landlord, relative to the Premises, this Lease and Tenant, as Landlord may request. Any it being agreed that such statement certificate may be relied upon by any prospective purchaser purchaser, mortgagee, or lender of all other person having or any portion of acquiring an interest in the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advanceBuilding. If Tenant is required or requested fails to execute more than one estoppel and deliver any such certificate or similar document within ten days after request, Tenant shall be deemed to have irrevocably appointed Landlord and Landlord's beneficiaries as Tenant's attorneys-in-fact to execute and deliver such certificate in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)Tenant's name.

Appears in 1 contract

Sources: Standard Office Lease (Data Transmission Network Corp)

Estoppel Certificate. Within ten (10) business days after request therefor by Landlord, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall deliver to the requesting party a statement in writing: (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; (b) certifying the dates to which the Rent and other charges are paid in advance, if any; (c) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00).

Appears in 1 contract

Sources: Absolute Net Lease Agreement (Zoned Properties, Inc.)

Estoppel Certificate. Within ten Tenant shall at any time and from time to time, no later than fifteen (1015) days after request therefor by Landlord, or if on any saleexecute and deliver, assignment or hypothecation by Landlord of in form and substance satisfactory to Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, certifying: the date Tenant shall deliver accepted occupancy of the Premises; the date to which Rent has been paid; the requesting party a statement in writing: (a) certifying Commencement Date and the Expiration Date; the amount of any Security Deposit; that this Lease is unmodified and in full force and effect orand has not been modified or amended (or if modified or amended, if modified, stating describing the nature same); that to Tenant’s knowledge without duty of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying the dates to which the Rent and other charges are paid in advance, if any; (c) acknowledging that inquiry or investigation there are notno currently existing defenses or offsets to Tenant’s rental or other obligations under this Lease (or if any are claimed, describing the same); that to such partyTenant’s knowledge, any uncured knowledge without duty of inquiry or investigation there are no defaults on the part of the requesting party hereunder, Landlord under this Lease (or specifying such defaults if they any are claimed, describing the same); and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, matters as Landlord may reasonably request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The Tenant’s failure to deliver such statement certificate within such time shall, at Landlord’s option 15 days after demand shall be an Event of Default hereunder under this Lease (subject to the notice and cure period set forth in Section 17.1(D) above) and shall conclusively be conclusive and binding upon the party upon whom the request is made that: deemed Tenant’s representation that (i1) Rent has not been paid more than 30 days in advance, (2) this Lease is in full force and effect, without modification effect and has not been modified or amended except as may be represented indicated by the requesting party; Landlord, (ii3) there are no uncured defenses of offsets to Tenant’s rental or other obligations under this Lease, and (4) there are no defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, part of Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)under this Lease.

Appears in 1 contract

Sources: Lease Agreement (GoPro, Inc.)

Estoppel Certificate. Within Tenant agrees, at any time, and Mom time to time, upon not less than ten (10) days after request therefor days' prior notice by Landlord, or if on any saleto execute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party Landlord, a statement in writing: (a) writing addressed to Landlord or other party designated by Landlord 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; (b) certifying the dates to which the Rent and other charges are paid in advance, if any; (c) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effecteffect (or, without modification except 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 Lease, stating the dates to which rent, and other charges, 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, and stating whether or not 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 Tenant, it being intended that any such statement delivered pursuant hereto may be represented relied upon by Landlord or a purchaser of Landlord's interest and by any mortgagee or prospective mortgagee of any mortgage affecting the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)Premises.

Appears in 1 contract

Sources: Lease Agreement (Avax Technologies Inc)

Estoppel Certificate. Within Upon not less than ten (10) days after business -------------------- days' prior written request therefor by Landlord, or if on any saleto execute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party Landlord a statement in writing, in such form as Landlord may provide from time to time, certifying all or any of the following: (a) certifying that this Lease is unmodified and in full force and effect and that Tenant has no defenses, offsets or counterclaims against its obligations to pay the Fixed Rent and Additional Rent and any other charges and to perform its other covenants under this Lease (or, if modifiedthere have been any modifications, stating that the nature of such modification and certifying that this Lease, as so modified, Lease is in full force and effect; (b) certifying effect as modified and stating the modifications and, if there are any defenses, offsets or counterclaims, setting them forth in reasonable detail), and the dates to which the Fixed Rent and Additional Rent and other charges are paid have been paid, whether or not Landlord is in advance, if any; (c) acknowledging that there are not, to such party’s knowledge, default in performance of any uncured defaults on the part of the requesting party hereunderterms of this Lease, or specifying and such defaults if they are claimed; and (d) certifying to such other matters, relative further information with respect to the Premises, this Lease and Tenant, or the Premises as Landlord may reasonably request. Any such statement delivered pursuant to this subsection 6.1.1o may be relied upon by any prospective purchaser or lender mortgagee of the Premises, or any prospective assignee of such mortgage. Tenant shall also deliver to Landlord such financial information as may be reasonably required by Landlord to be provided to any mortgagee or prospective purchaser of the Premises. Upon not less than ten (10) business days' prior written request by Tenant, Landlord shall execute a similar certificate that may be relied upon by any transferee of all or any a portion of the Premises or Tenant's leasehold including any leasehold interest therein. The failure to deliver such statement within such time shallentity acquiring Tenant, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)Tenant's financings.

Appears in 1 contract

Sources: Lease (Wells Real Estate Investment Trust Inc)

Estoppel Certificate. Within Tenant shall, within ten (10) days after request therefor by receipt of written notice from Landlord, or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party a statement in writing: writing substantially in the form attached to this Lease as Exhibit J, or on any other form reasonably requested by a current or proposed Lender or encumbrancer or proposed 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, Lease as so modified, modified is in full force and effect; (b) certifying and the dates to which the Rent rental and other charges are paid in advance, if any; , (cb) acknowledging that there are not, to such partyTenant’s knowledge, any uncured defaults on the part of the requesting party Landlord hereunder, or specifying such defaults if they any are claimed; , and (dc) certifying setting forth such further information with respect to such other matters, relative to the Premises, this Lease and Tenant, or the Premises as Landlord may requestbe requested thereon. Any such statement statements may be relied upon by any prospective purchaser or lender encumbrancer of all or any portion of the Premises or any leasehold interest thereinProperty. The Tenant’s failure to deliver any such statement within such prescribed time if such failure continues for more than five (5) calendar days after Landlord gives Tenant written notice thereof shall, at Landlord’s option be an Event of option, constitute a Default hereunder and (as defined below) under this Lease, and, in any event, shall be conclusive and binding upon Tenant that the party upon whom the request is made that: (i) this Lease is in full force and effect, effect and without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document Landlord in any twelve (12) month period, certificate prepared by Landlord shall reimburse and delivered to Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)execution.

Appears in 1 contract

Sources: Lease (Gritstone Oncology, Inc.)

Estoppel Certificate. Within ten District and Lessee shall, from time to time, upon not less than thirty (1030) days after prior written request therefor by Landlordthe other Party or a an existing or prospective Leasehold Mortgagee, or if on any saleas applicable, assignment or hypothecation by Landlord of Landlord’s interest in the Premisesexecute, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party a statement in writing: (a) , certifying to any Leasehold Mortgagee or prospective Leasehold Mortgagee that this Lease is unmodified and in full force and effect and that responding Party has no knowledge of any uncured defaults of the other Party under this Lease (or, if modified, stating there have been any modifications that the nature of such modification and certifying that this Lease, as so modified, is same are in full force and effect; (b) certifying effect as modified and stating the modifications and, if there are any defaults, setting them forth in reasonable detail), the Commencement Date of the Term, and the dates to which the Rent rent and other charges are under this Lease have been paid (“Estoppel Certificate”). Such Estoppel Certificate shall be substantially in advancethe form attached as Exhibit E to this Lease or such other form (whether provided by Lessee or its Leasehold Mortgagee or prospective Leasehold Mortgagee or prospective assignee) approved by District. District and Lessee shall consider requests for additional statements (“Supplemental Statements”) in such writing, if any; (c) acknowledging provided that there are not, District or Lessee shall not be obligated to such party’s knowledge, undertake any uncured defaults on the part investigations or expend any funds in providing any Supplemental Statements. Such Supplemental Statements may require approval of the requesting party hereunder, or specifying such defaults Board of Supervisors for District if they are claimed; and (d) certifying constitute an amendment to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may requestLease. Any such statement delivered pursuant to this clause of this Lease may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)recipient.

Appears in 1 contract

Sources: Development Ground Lease

Estoppel Certificate. Within A. Requirements ------------ Subtenant shall, at any time, upon not less than ten (10) days after request therefor by Landlorddays' prior written notice from sublandlord, or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party Sublandlord a statement in writing: writing (ai) certifying that this Lease Sublease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this LeaseSublease, as so modified, is in full force and effect; (b) certifying and the dates extent to which the Rent rent and other charges are paid in advance, if any; and (cii) acknowledging that there are not, to such party’s Subtenant's knowledge, any uncured defaults on the part of the requesting party Sublandlord hereunder, or specifying such defaults if they any are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be conclusively relied upon by any prospective purchaser assignee or lender of all or any portion mortgagees of the Premises or any leasehold interest therein. The Premises. B. Failure to Comply ----------------- Subtenant's failure to deliver provide such statement within such time shalltimes shall be a default by Subtenant under this Sublease, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: Subtenant (i) that this Lease Sublease is in full force and may effect, without modification except as may be represented by the requesting partySublandlord; (ii) that there are no uncured defaults on in the requesting party’s performanceperformance by Sublandlord Landlord; and (iii) no Rent that not more than one month's rent or has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00).

Appears in 1 contract

Sources: Sublease Agreement (Premiere Technologies Inc)

Estoppel Certificate. Within ten Tenant agrees that at any time, and from time to time at reasonable intervals, within fifteen (1015) days Business Days after written request therefor by Landlord, or if on any saleTenant will execute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party Landlord or an assignee, purchaser or lender designated by Landlord, a statement in writing: (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; (b) certifying the dates to which the Rent and other charges are paid in advance, if any; (c) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, writing ratifying this Lease and Tenantcertifying, among other things, to the current, actual knowledge (without personal liability) of Tenant as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: applicable date: (i) that Tenant has entered into occupancy of the Property; (ii) that this Lease is in full force and effect, without modification except as may and has not been assigned, modified, supplemented or amended in any way (or if there has been an assignment, modification, supplement or amendment, identifying the same); (iii) that this Lease represents the entire agreement between Landlord and Tenant; (iv) the date of the commencement and expiration of the Lease Term; (v) that all conditions under this Lease to be represented performed by Landlord have been satisfied (or specifying those conditions unsatisfied); (vi) that no default exists in the requesting party; (ii) performance or observance of any term, covenant or condition of this Lease and that there are no uncured defaults on defenses or offsets in connection therewith (or specifying any claimed default or defense); and (vii) any other information reasonably requested by Landlord, a perspective purchaser, transferee or any Lender, as the requesting party’s performance; and (iii) no Rent has been paid in advancecase may be. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, shall also certify such other matters as Landlord shall reimburse reasonably request. Landlord shall execute and deliver a similar instrument to Tenant for or its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)designees upon request by Tenant.

Appears in 1 contract

Sources: Master Lease Agreement (MedEquities Realty Trust, Inc.)

Estoppel Certificate. Within ten (10) days after request therefor by Tenant shall, at any time and from time to time, upon not less than 10 business days' prior written notice from Landlord, or if on any saleexecute, assignment or hypothecation by acknowledge and deliver to Landlord of Landlord’s interest a written statement substantially in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall deliver to the requesting party a statement in writing: form of Exhibit "D" certifying (ai) certifying that this Lease represents the entire agreement between Landlord and Tenant, and 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; ), (bii) certifying the dates to which the Rent and other charges are paid in advance, if any; (ciii) acknowledging the Commencement Date and expiration date of the Lease Term, (iv) whether Tenant has assigned or transferred this Lease or any interest of Tenant therein; and,(v) that there are not, to such party’s Tenant's knowledge, any uncured defaults on the part of the requesting party hereunderLandlord hereunder and that Tenant has no right of offset, counterclaim or deduction against Rent, or specifying such defaults if they any are claimed; and (d) certifying to such other mattersclaimed together with the amount of any offset, relative to the Premises, this Lease and counterclaim or deduction alleged by Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion upon the security of the real property of which the Building and the Premises or any leasehold interest thereinare a part. The Tenant's failure to deliver such statement within such the time shall, at Landlord’s option be an Event of Default hereunder and required shall be conclusive and binding upon the party upon whom the request is made that: Tenant that (ia) this Lease is in full force and effect, without modification except as may be represented by the requesting party; Landlord, (iib) there are no uncured defaults on the requesting party’s performance; in Landlord's performance and that Tenant has no right of offset, counterclaim or deduction against Rent, and (iiic) no more than one month's Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00).

Appears in 1 contract

Sources: Shopping Center Sublease (United Panam Financial Corp)

Estoppel Certificate. Within five (5) days after Tenant opens for business or at anytime within ten (10) days after written request therefor by Landlord, or if on Landlord in the event that an estoppel certificate is required from Tenant upon any sale, assignment or hypothecation of the Premises or the land thereunder by Landlord of Landlord’s interest or for any other reason, T▇▇▇▇▇ agrees to deliver in the Premises, or any part thereof, recordable form an estoppel certificate shall be required from Tenant, Tenant shall deliver addressed to the requesting party a statement in writing: (a) any such proposed mortgagee or purchaser or to Landlord certifying that (i) this Lease is unmodified and in full force and effect, or is in full force and effect or, as modified and stating the modifications; (ii) the amount of Minimum Monthly Rent and the date to which Minimum Monthly Rent and other monetary obligations hereunder have been paid in advance; (iii) the amount of any security deposited with Landlord; (iv) the Landlord is not in default hereunder or if modifiedLandlord is claimed to be in default, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effectany claimed default; (bv) certifying the dates to which the Rent surface and other charges are paid in advance, if any; (c) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part subsurface soil and water of the requesting party hereunder, Premises have not been contaminated by “hazardous wastes or specifying such defaults if they are claimedsubstances”; and (dvi) certifying to such other matters, relative to the Premises, this Lease and Tenant, matters as Landlord may reasonably request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The Tenant’s failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: Tenant (ia) that this Lease is in full force and effect, without modification except as may be represented by the requesting party; Landlord, (iib) there are that no uncured defaults on the requesting partymore than one (1) month’s performance; and (iii) no Minimum Monthly Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve , (12c) month period, that the amount of the security deposited with Landlord shall reimburse Tenant for its legal fees incurred be as represented by landlord, and (d) that there are no uncured defaults in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)Landlord’s performance.

Appears in 1 contract

Sources: Triple Net Lease (Bank of Commerce Holdings)