Common use of Estoppel Certificates; Financial Statements Clause in Contracts

Estoppel Certificates; Financial Statements. Tenant shall, from time to time and within twenty (20) days of written request from either Landlord or Landlord’s Mortgagee, and without compensation or consideration execute and deliver a certificate setting forth the following: (a) a ratification of this Lease; (b) the Commencement Date and expiration date for each Premises; (c) that this Lease is in full force and effect and has not been assigned, modified, supplemented or amended (except by such writing as shall be stated): (d) that this Lease, as modified, supplemented or amended (if such is the case) constitutes the complete agreement between Landlord and Tenant with respect to all Premises and that Tenant does not hold an option to purchase any Premises or any interest therein, (e) 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; (f) that no defenses or offsets exist against the enforcement of this Lease by Landlord or, in the alternative, those claimed by Tenant to exist; (g) whether within the knowledge of Tenant there are any existing breaches or defaults by Landlord hereunder and, if so, stating the defaults with reasonable particularity; (h) the amount of advance Monthly Rent, if any (or none if such is the case), paid by Tenant for any or all of the Premises; (i) the date to which Monthly Rent has been paid; and (j) such other information as Landlord or Landlord’s Mortgagee may reasonably request. Landlord’s Mortgagee and purchasers from either Landlord’s Mortgagee or Landlord shall be entitled to rely on any estoppel certificate executed by Tenant.

Estoppel Certificates; Financial Statements. Tenant shall, from From time to time and within twenty (20) days of at the written request from either of Landlord or Landlord’s Mortgagee (but no more than two (2) times per year), Tenant will within ten (10) calendar days, and without compensation or consideration execute, have acknowledged and delivered to Landlord an estoppel certificate, in such form as shall be requested by Landlord or Landlord’s Mortgagee, and without compensation or consideration execute and deliver a certificate setting forth the following: (a) a ratification of this Lease; (b) the Lease Commencement Date and expiration date for each Premisesapplicable Suite Space, the Lease Expiration Date and other factual Lease information; (c) that this Lease is in full force and effect and has not been assigned, modified, supplemented or amended (except by such writing as shall be stated): ); (d) that this Lease, as modified, supplemented or amended (if such is the case) constitutes the complete agreement between Landlord and Tenant with respect to all Premises and that Tenant does not hold an option to purchase any Premises or any interest therein, (e) 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; (fe) that no defenses or offsets exist against the enforcement of this Lease by Landlord or, in the alternative, those claimed by Tenant to exist; (gf) whether within the knowledge of Tenant (without any duty of investigation) there are any existing breaches or defaults by Landlord hereunder and, if so, stating the defaults with reasonable particularity; (hg) the amount of advance Monthly Rent, if any (or none if such is the case), paid by Tenant for any or all of the PremisesTenant; (ih) the date to which Monthly Rent has been paid; and (ji) such other information as Landlord or Landlord’s Mortgagee may reasonably request. Landlord’s Mortgagee and purchasers from either Landlord’s Mortgagee or Landlord shall be entitled to rely on any estoppel certificate executed by Tenant. Tenant shall, within thirty (30) calendar days after Landlord’s request, furnish to Landlord current financial statements for Tenant, prepared in accordance with generally accepted accounting principles consistently applied and certified by Tenant to be true and correct.

Estoppel Certificates; Financial Statements. Tenant shall, from time to time and within twenty ten (2010) days of written request from either Landlord or Landlord’s 's Mortgagee, and without compensation or consideration execute have acknowledged and deliver a certificate setting forth the following: (a) a ratification of this Lease; (b) the Commencement Date and expiration date for each Premisesdate; (c) that this Lease is in full force and effect and has not been assigned, modified, supplemented or amended (except by such writing as shall be stated): ); (d) that this Lease, as modified, supplemented or amended (if such is the case) constitutes the complete agreement between Landlord and Tenant with respect to all Premises the Premises, the Building, and the Complex and that Tenant does not hold an option to purchase any Premises the Complex or any interest therein, (e) 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; (f) that no defenses or offsets exist against the enforcement of this Lease by Landlord or, in the alternative, those claimed by Tenant to exist; (g) whether within the knowledge of Tenant there are any existing breaches or defaults by Landlord hereunder and, if so, stating the defaults with reasonable particularity; (h) the amount of advance Monthly Rent, if any (or none if such is the case), paid by Tenant for any or all of the PremisesTenant; (i1) the date to which Monthly Rent has been paid; 6) the amount of the Security Deposit, if any; and (jk) such other information as Landlord or Landlord’s 's Mortgagee may reasonably request. Landlord’s 's Mortgagee and purchasers from either Landlord’s 's Mortgagee or Landlord shall be entitled to rely on any estoppel certificate executed by Tenant. Tenant shall, within ten (10) days after Landlord's request, furnish to Landlord current financial statements for Tenant, prepared in accordance with generally accepted accounting principles consistently applied and certified by Tenant to be true and correct.

Estoppel Certificates; Financial Statements. Tenant shall, from time to time and within twenty Within ten (2010) days of written after a request from either therefor by Landlord or Landlord’s MortgageeTenant, the other party shall execute an estoppel certificate, in form reasonably satisfactory to the requesting party, and without compensation or consideration execute and shall deliver a such certificate setting forth to whom the following: requesting party shall direct, which (a) a ratification of this Lease; (b) the Commencement Date and expiration date for each Premises; (c) certifies that this Lease is unmodified and in full force and effect (or, if there have been modifications, that the same is in full force and effect and has not been assigned, as modified, supplemented and stating the modifications); (b) states the expiration date of the Term and that there are no agreements to extend or amended renew the Term or to permit any holding over (except by or, if there are any such writing as shall be stated): agreements, describes them and specifies the periods of extension or renewal); (c) certifies the dates through which rents have been paid, and the then-current amounts of Minimum Rent; (d) that states whether or not, to the actual knowledge and belief of the certifying party, the requesting party is in default in performance of any of its obligations under this Lease, as modified, supplemented or amended (if such is the case) constitutes the complete agreement between Landlord and Tenant with respect to all Premises and that Tenant does not hold an option to purchase any Premises or any interest therein, specifies each default of which it has actual knowledge; (e) that all conditions under this Lease states whether or not, to be performed the actual knowledge and belief of the certifying party, any event has occurred which, with the giving of notice or passage of time, or both, would constitute a default by Landlord have been satisfied orthe requesting party and, in the alternativeif such an event has occurred, those claimed by Tenant to be unsatisfiedspecifies each such event; and (f) that no states whether Tenant is entitled to any credits, offsets, defenses or offsets exist deductions against the enforcement payment of this Lease by Landlord orrents, in the alternative, those claimed by Tenant to exist; (g) whether within the knowledge of Tenant there are any existing breaches or defaults by Landlord hereunder and, if so, stating describes them. Tenant shall also, upon request of Landlord, certify and agree for the benefit of any lender against the Premises, whether in an estoppel certificate or in a Non-Disturbance Agreement, that Tenant will not look to such lender: as being liable for any act or omission of Landlord and regardless of whether in the nature of a continuing default; as being obligated to cure any defaults with reasonable particularityof Landlord under the Lease which occurred prior to the time such lender, its successors or assigns, acquired Landlord's interest in the Premises by foreclosure or otherwise; (h) the amount as being bound by any payment of advance Monthly Rent, if any (or none if such is the case), paid rent by Tenant to Landlord for more than one (1) month in advance; as being bound by Landlord to any amendment or all modification of the PremisesLease without such lender's written consent; (i) or as being bound by any construction obligation or related funding obligation. An estoppel certificate issued pursuant hereto shall be a representation and warranty which may be relied upon by the date to which Monthly Rent has been paid; requesting party and (j) by others with whom the requesting party may be dealing, regardless of independent investigation. Tenant also shall include in any estoppel certificate requested by Landlord such other information concerning this Lease as Landlord and/or an existing or Landlord’s Mortgagee proposed lender of Landlord may reasonably request. If either party fails to execute and deliver an estoppel certificate within ten (10) days after a written request by the other party, then, following expiration of any applicable notice and cure period, such failure shall be a material default entitling Landlord to exercise its remedies under Article 17, (i) Tenant shall be liable to Landlord for all foreseeable and unforeseeable losses, costs and expenses incurred by Landlord arising from or relating to such failure by Tenant, including, but not limited to, losses suffered by Landlord due to the cancellation of any prospective sale, financing, refinancing or master leasing of all or any part of the Building and (ii) Tenant shall pay, as additional rent, to Landlord’s Mortgagee , upon demand and purchasers from without thereby limiting any other remedies of Landlord and not as liquidated damages, a charge of $500 per day for each day after the expiration of such ten-day period that such estoppel certificate has not been so executed and delivered. Also within ten (10) days after a request therefor by Landlord, Tenant shall deliver a copy of the then-most current financial statements of Tenant and/or any guarantor of Tenant, either Landlord’s Mortgagee audited or certified by Tenant or such guarantor, as appropriate, to be true and accurate, to Landlord or such other person or entity as Landlord shall direct. Except for disclosing the same to Landlord's professional representatives and any potential purchaser, lender, ground lessor, equity investor or the like, and their respective professional representatives, and as may otherwise be entitled required by law, Landlord shall endeavor to rely on keep confidential any estoppel certificate executed financial information provided to Landlord by Tenant and cause all of the foregoing parties to agree to keep the same confidential upon the same terms and conditions and customary exclusions. EXHIBIT A TO STANDARD FORM LEASE BETWEEN THE SPORTS CLUB COMPANY, INC. AND CLUB AT 60TH ST., INC. SITE PLAN OF PREMISES EXHIBIT B TO STANDARD FORM LEASE BETWEEN THE SPORTS CLUB COMPANY, INC. AND CLUB AT 60TH ST., INC. RENT ADJUSTMENT Increases in Minimum Rent shall be payable as follows: --------------------------------------------------- MINIMUM RENT MONTHS OF TERM PER MONTH --------------------------------------------------- Month 1 through Month 60 $125,000.00 --------------------------------------------------- Month 61 through Month 120 $137,500.00 --------------------------------------------------- Month 121 through Month 180 $151,250.00 --------------------------------------------------- Month 181 through 240 $166,375.00 --------------------------------------------------- EXHIBIT C TO STANDARD FORM LEASE BETWEEN THE SPORTS CLUB COMPANY, INC. AND CLUB AT 60TH ST., INC. RULES AND REGULATIONS Tenant agrees to conform to the following rules and regulations and all other reasonable rules and regulations which Landlord may, from time to time, establish for tenants of the Building without discrimination against Tenant. Landlord shall not be responsible to Tenant for the violation or nonperformance by any other tenant or occupant in the Building with regard to such rules and regulations. Landlord agrees to use reasonable efforts to apply the provisions of this Exhibit C to other tenants in a non-discriminatory fashion subject to arbitration if Tenant deems such rules and/or regulations unreasonable.

Estoppel Certificates; Financial Statements. Tenant shall, from From time to time and within twenty (20) days at the request of written request from either Landlord or Landlord’s Mortgagee, Tenant will within seven (7) calendar days, and without compensation or consideration execute execute, have acknowledged and deliver a certificate substantially in the form of Exhibit H hereto, setting forth the following: (a) a ratification of this Lease; (b) the Commencement Date and Date, expiration date for each Premisesand other Lease information; (c) that this Lease is in full force and effect and has not been assigned, modified, supplemented or amended (except by such writing as shall be stated): ); (d) that this Lease, as modified, supplemented or amended (if such is the case) constitutes the complete agreement between Landlord and Tenant with respect to all Premises and that Tenant does not hold an option to purchase any Premises or any interest therein, (e) 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; (fe) that no defenses or offsets exist against the enforcement of this Lease by Landlord or, in the alternative, those claimed by Tenant to exist; (gf) whether within the knowledge of Tenant there are any existing breaches or defaults by Landlord hereunder and, if so, stating the defaults with reasonable particularity; (hg) the amount of advance Monthly Rent, if any (or none if such is the case), paid by Tenant for any or all of Tenant; (h) the Premisesdate to which Rent has been paid; (i) the date to which Monthly Rent has been paidamount of the Security Deposit; and (j) such other information as Landlord or Landlord’s Mortgagee may reasonably request. Landlord’s Mortgagee and purchasers from either Landlord’s Mortgagee or Landlord shall be entitled to rely on any estoppel certificate executed by Tenant. Tenant shall, within twenty (20) calendar days after Landlord’s request, furnish to Landlord current financial statements for Tenant, prepared in accordance with generally accepted accounting principles consistently applied and certified by Tenant to be true and correct.

Estoppel Certificates; Financial Statements. Tenant shall, from From time to time and within twenty (20) days at the request of written request from either Landlord or Landlord’s 's Mortgagee, Tenant will within seven (7) calendar days, and without compensation or consideration execute execute, have acknowledged and deliver a certificate substantially in the form of Exhibit H hereto, setting forth the following: (a) a ratification of this Lease; (b) the Commencement Date and Date, expiration date for each Premisesand other Lease information; (c) that this Lease is in full force and effect and has not been assigned, modified, supplemented or amended (except by such writing as shall be stated): ); (d) that this Lease, as modified, supplemented or amended (if such is the case) constitutes the complete agreement between Landlord and Tenant with respect to all Premises and that Tenant does not hold an option to purchase any Premises or any interest therein, (e) 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; (fe) that no defenses or offsets exist against the enforcement of this Lease by Landlord or, in the alternative, those claimed by Tenant to exist; (gf) whether within the knowledge of Tenant there are any existing breaches or defaults by Landlord hereunder and, if so, stating the defaults with reasonable particularity; (hg) the amount of advance Monthly Rent, if any (or none if such is the case), paid by Tenant for any or all of Tenant; (h) the Premisesdate to which Rent has been paid; (i) the date to which Monthly Rent has been paidamount of the Security Deposit; and (j) such other information as Landlord or Landlord’s 's Mortgagee may reasonably request. Landlord’s 's Mortgagee and purchasers from either Landlord’s Mortgagee or Landlord shall be entitled to rely on any estoppel certificate executed by Tenant. Tenant shall, within twenty (20) calendar days after Landlord's request, furnish to Landlord the most current financial statements available for Tenant (in no event less than annual), prepared in accordance with generally accepted accounting principles consistently applied and certified by Tenant to be true and correct.

Estoppel Certificates; Financial Statements. Tenant shall, from time to time and within twenty ten (2010) days of written request from either Landlord or of Landlord’s 's Mortgagee, and without compensation or consideration execute execute, have acknowledged and deliver a certificate setting forth the following: (a) a ratification of this Lease; (b) the Commencement Date and expiration date for each Premises; expiation date, (c) that this Lease lease is in full fill force and effect and has not been assigned, modified, supplemented or amended (except by such writing as shall be stated): ) (d) that this Lease, as modified, supplemented or amended (if such is the case) constitutes the complete agreement between Landlord and Tenant with respect to all Premises the Premises, the Building, and the Complex and that Tenant does not hold an option to purchase any Premises the Complex or any interest therein, (e) 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; (f) that no defenses or offsets exist against the enforcement of this Lease by Landlord or, in the alternative, those claimed by Tenant to exist; (g) whether within the knowledge of Tenant there are any existing breaches or defaults by Landlord hereunder and, if so, stating the defaults with reasonable particularity; (h) the amount of advance Monthly Rent, if any (or none if such is the case), paid by Tenant for any or all of the Premises; Tenant, (i) the date to which Monthly Rent has been paid; and (j) the amount of the Security Deposit, if any, and {k) such other information as Landlord or Landlord’s 's Mortgagee may reasonably requestRequest. Landlord’s 's Mortgagee and purchasers from either Landlord’s 's Mortgagee or Landlord shall be entitled to rely on any estoppel certificate executed by Tenant. Tenant shall, within ten (1O) days after Landlord's request, furnish to Landlord current financial statements for Tenant, prepared in accordance with generally accepted accounting principles consistently applied and certified by Tenant to be true and correct.

Estoppel Certificates; Financial Statements. Tenant shall, from time to time and within twenty ten (2010) days of written request from either Landlord or Landlord’s 's Mortgagee, and without compensation or consideration execute execute, have acknowledged and deliver a certificate setting forth the following: (a) a ratification of this Lease; (b) the Commencement Date and expiration date for each Premisesdate; (c) that this Lease is in full force and effect and has not been assigned, modified, supplemented or amended (except by such writing as shall be stated): ); (d) that this Lease, as modified, supplemented or amended (if such is the case) constitutes the complete agreement between Landlord and Tenant with respect to all the Premises and the Complex and that Tenant does not hold an option to purchase any Premises the Complex or any interest therein, (e) 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; (f) that no defenses or offsets exist against the enforcement of this Lease by Landlord or, in the alternative, those claimed by Tenant to exist; (g) whether within the knowledge of Tenant there are any existing breaches or defaults by Landlord hereunder and, if so, stating the defaults with reasonable particularity; (h) the amount of advance Monthly Rent, if any (or none if such is the case), paid by Tenant for any or all of the PremisesTenant; (i) the date to which Monthly Rent has been paid; the amount of the Security Deposit, if any; and (jk) such other information as Landlord or Landlord’s 's Mortgagee may reasonably request. Landlord’s 's Mortgagee and purchasers from either Landlord’s 's Mortgagee or Landlord shall be entitled to rely on any estoppel certificate executed by Tenant. Tenant shall, within ten (10) days after Landlord's request, furnish to Landlord current financial statements for Tenant, prepared in accordance with generally accepted accounting principles consistently applied and certified by Tenant to be true and correct.

Estoppel Certificates; Financial Statements. Tenant shall, from time to time and within twenty ten (2010) days of written request from either Landlord or Landlord’s Mortgagee, and without compensation or consideration execute execute, have acknowledged and deliver a certificate setting forth the following: (a) a ratification of this Lease; (b) the Commencement Date and expiration date for each Premisesdate; (c) that this Lease is in full force and effect and has not been assigned, modified, supplemented or amended (except by such writing as shall be stated): ); (d) that this Lease, as modified, supplemented or amended (if such is the case) constitutes the complete agreement between Landlord and Tenant with respect to all Premises the Premises, the Building, and the Complex and that Tenant does not hold an option to purchase any Premises the Complex or any interest therein, (e) 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; (f) that no defenses or offsets exist against the enforcement of this Lease by Landlord or, in the alternative, those claimed by Tenant to exist; (g) whether within the knowledge of Tenant there are any existing breaches or defaults by Landlord hereunder and, if so, stating the defaults with reasonable particularity; (h) the amount of advance Monthly Rent, if any (or none if such is the case), paid by Tenant for any or all of the PremisesTenant; (i) the date to which Monthly Rent has been paid; (j) the amount of the Security Deposit, if any; and (jk) such other information as Landlord or Landlord’s Mortgagee may reasonably request. Landlord’s Mortgagee and purchasers from either Landlord’s Mortgagee or Landlord shall be entitled to rely on any estoppel certificate executed by Tenant. Tenant shall, within ten (10) days after Landlord’s request, furnish to Landlord current financial statements for Tenant, prepared in accordance with generally accepted accounting principles consistently applied and certified by Tenant to be true and correct.

Estoppel Certificates; Financial Statements. Tenant shall, from From time to time and within twenty (20) days at the request of written request from either Landlord or Landlord’s 's Mortgagee, Tenant will within seven (7) calendar days, and without compensation or consideration execute execute, have acknowledged and deliver a certificate in a commercially reasonable form, setting forth the following: (a) a ratification of this Lease; (b) the Commencement Date and Date, expiration date for each Premisesand other Lease information; (c) that this Lease is in full force and effect and has not been assigned, modified, supplemented or amended (except by such writing as shall be stated): ); (d) that this Lease, as modified, supplemented or amended (if such is the case) constitutes the complete agreement between Landlord and Tenant with respect to all Premises and that Tenant does not hold an option to purchase any Premises or any interest therein, (e) 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; (fe) that no defenses or offsets exist against the enforcement of this Lease by Landlord or, in the alternative, those claimed by Tenant to exist; (gf) whether within the knowledge of Tenant there are any existing breaches or defaults by Landlord hereunder and, if so, stating the defaults with reasonable particularity; (hg) the amount of advance Monthly Rent, if any (or none if such is the case), paid by Tenant for any or all of Tenant; (h) the Premisesdate to which Rent has been paid; (i) the date to which Monthly Rent has been paidamount of the Security Deposit; and (j) such other information as Landlord or Landlord’s 's Mortgagee may reasonably request. Landlord’s 's Mortgagee and purchasers from either Landlord’s Mortgagee or Landlord shall be entitled to rely on any estoppel certificate executed by Tenant. Tenant shall, within twenty (20) calendar days after Landlord's request, furnish to Landlord current financial statements for Tenant, prepared in accordance with generally accepted accounting principles consistently applied and certified by Tenant to be true and correct.

Estoppel Certificates; Financial Statements. Tenant shall, from From time to time and within twenty (20) days at the request of written request from either Landlord or Landlord’s Mortgagee, Tenant will within seven (7) calendar days, and without compensation or consideration execute execute, have acknowledged and deliver a certificate substantially in the form of Exhibit H hereto, setting forth the following: (a) a ratification of this Lease; (b) the Commencement Date and Date, expiration date for each Premisesand other Lease information; (c) that this Lease is in full force and effect and has not been assigned, modified, supplemented or amended (except by such writing as shall be stated): ); (d) that this Lease, as modified, supplemented or amended (if such is the case) constitutes the complete agreement between Landlord and Tenant with respect to all Premises and that Tenant does not hold an option to purchase any Premises or any interest therein, (e) 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; (fe) that no defenses or offsets exist against the enforcement of this Lease by Landlord or, in the alternative, those claimed by Tenant to exist; (gf) whether within the knowledge of Tenant there are any existing breaches or defaults by Landlord hereunder and, if so, stating the defaults with reasonable particularity; (hg) the amount of advance Monthly Rent, if any (or none if such is the case), paid by Tenant for any or all of Tenant; (h) the Premisesdate to which Rent has been paid; (i) the date to which Monthly Rent has been paidamount of the Security Deposit; and (j) such j)such other information as Landlord or Landlord’s Mortgagee may reasonably request. Landlord’s Mortgagee and purchasers from either Landlord’s Mortgagee or Landlord shall be entitled to rely on any estoppel certificate executed by Tenant. Tenant shall, within twenty (20) calendar days after Landlord’s request, furnish to Landlord current financial statements for Tenant, prepared in accordance with generally accepted accounting principles consistently applied and certified by Tenant to be true and correct.

Estoppel Certificates; Financial Statements. (a) Tenant shall, agrees to furnish from time to time and time, within twenty ten (2010) business days of written following the request from either by Landlord or Landlord’s Mortgageeany successor to Landlord or by the holder of any deed of trust or mortgage covering the Land and Premises or any interest of Landlord therein, and without compensation or consideration execute and deliver a an estoppel certificate setting forth signed by Tenant to the following: (a) a ratification of this Lease; (b) the Commencement Date and expiration date for each Premises; (c) effect that this Lease is then presently in full force and effect and specifying any modifications; that the Lease Term has not been assigned, modified, supplemented or amended (except by such writing as shall be stated): (d) commenced and the full rental is then accruing hereunder; that this Lease, as modified, supplemented or amended (if such is Tenant has accepted possession of the case) constitutes the complete agreement between Landlord and Tenant with respect to all Premises and that Tenant does not hold an option to purchase any Premises or any interest therein, (e) that all conditions under improvements required by the terms of this Lease to be performed made by Landlord have been satisfied orcompleted to the satisfaction of Tenant; that no rent under this Lease has been paid more than thirty (30) days in advance of its due date; that the address for notices to be sent to Tenant is as set forth in this Lease; that Tenant, as of the date of such certificate, has no charge, lien or claim of offset under this Lease or otherwise against rents or other charges due or to become due hereunder; and that to the knowledge of Tenant, Landlord is not then in default under this Lease. To the extent that Tenant believes any of the foregoing to be inaccurate, Tenant shall specifically enumerate in the alternativecertificate the alleged inaccuracy and Tenant's basis for refusing to certify to such facts. At Landlord's option, those claimed any such certificate may also contain an acknowledgment by Tenant of receipt of notice of the assignment of this Lease to be unsatisfied; such holder and the agreement by Tenant with such holder that from and after the date of such certificate, Tenant will not pay any rent under this Lease more than thirty (f30) that no defenses days in advance of its due date, will not surrender or offsets exist against consent to the enforcement modification of any of the terms of this Lease nor to the termination of this Lease by Landlord, and will not seek to terminate this Lease by reason of any act or omission of Landlord oruntil Tenant shall have given written notice of such act or omission to the holder of such deed of trust or mortgage (at such holder's last address furnished to Tenant) and until a reasonable period of time shall have elapsed following the giving of such notice, in during which period such holder shall have the alternativeright, those claimed by Tenant but shall not be obligated, to existremedy such act or omission; (g) whether within the knowledge of Tenant there are any existing breaches or defaults by Landlord hereunder andprovided, if sohowever, stating the defaults with reasonable particularity; (h) the amount of advance Monthly Rent, if any (or none if such is the case), paid by Tenant for any or all of the Premises; that (i) the agreement of Tenant described in this sentence will be of no effect under such certificate unless Tenant is furnished by such holder with a copy of any assignment to such holder of Landlord's interest in this Lease within ninety (90) days after the date to which Monthly Rent has been paid; of such certificate, and (jii) the agreement of Tenant with such other information as Landlord or Landlord’s Mortgagee may reasonably request. Landlord’s Mortgagee and purchasers from either Landlord’s Mortgagee or Landlord holder that is embodied in such certificate shall be entitled to rely on terminate upon the subsequent termination of any estoppel certificate executed by Tenantsuch assignment.

Estoppel Certificates; Financial Statements. Tenant shall, from From time to time and within twenty (20) days at the request of written request from either Landlord or Landlord’s Mortgagee, Tenant will within seven (7) calendar days, and without compensation or consideration execute consideration, execute, have acknowledged and deliver a certificate substantially in the form of Exhibit “H” hereto, setting forth the following: (a) a ratification of this Lease; (b) the Commencement Date, Expiration Date and expiration date for each Premisesother Lease information; (c) that this Lease is in full force and effect and has not been assigned, modified, supplemented or amended (except by such writing as shall be stated): ); (d) that this Lease, as modified, supplemented or amended (if such is the case) constitutes the complete agreement between Landlord and Tenant with respect to all Premises and that Tenant does not hold an option to purchase any Premises or any interest therein, (e) 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; (fe) that no defenses or offsets exist against the enforcement of this Lease by Landlord or, in the alternative, those claimed by Tenant to exist; (gf) whether within the knowledge of Tenant there are any existing breaches or defaults by Landlord hereunder and, if so, stating the defaults with reasonable particularity; (hg) the amount of advance Monthly Rent, if any (or none if such is the case), paid by Tenant for any or all of Tenant; (h) the Premisesdate to which Rent has been paid; (i) the date to which Monthly Rent has been paidamount of the Security Deposit; and (j) such other information as Landlord or Landlord’s Mortgagee may reasonably request. Landlord’s Mortgagee and purchasers from either Landlord’s Mortgagee or Landlord shall be entitled to rely on any estoppel certificate executed by Tenant. Tenant shall, within ten (30) calendar days after Landlord’s request, furnish to Landlord unaudited financial statements current as of the end of the last fiscal quarter prepared for Tenant’s internal purposes and certified by Tenant to be true and correct; or audited financial statements current as of the end of Tenant’s last preceding fiscal year, prepared using generally accepted accounting principles consistently applied.

Estoppel Certificates; Financial Statements. Tenant shall, from From time to time and within twenty (20) days ------------------------------------------- at the request of written request from either Landlord or Landlord’s 's Mortgagee, Tenant will within seven (7) calendar days, and without compensation or consideration execute execute, have acknowledged and deliver a certificate substantially in the form of Exhibit H hereto, setting forth the following: (a) a ratification of this Lease; (b) the Commencement Date and Date, expiration date for each Premisesand other Lease information; (c) that this Lease is in full force and effect and has not been assigned, modified, supplemented or amended (except by such writing as shall be stated): ); (d) that this Lease, as modified, supplemented or amended (if such is the case) constitutes the complete agreement between Landlord and Tenant with respect to all Premises and that Tenant does not hold an option to purchase any Premises or any interest therein, (e) 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; (fe) that no defenses or offsets exist against the enforcement of this Lease by Landlord or, in the alternative, those claimed by Tenant to exist; (gf) whether within the knowledge of Tenant there are any existing breaches or defaults by Landlord hereunder and, if so, stating the defaults with reasonable particularity; (hg) the amount of advance Monthly Rent, if any (or none if such is the case), paid by Tenant for any or all of Tenant; (h) the Premisesdate to which Rent has been paid; (i) the date to which Monthly Rent has been paidamount of the Security Deposit; and (j) such other information as Landlord or Landlord’s 's Mortgagee may reasonably request. Landlord’s 's Mortgagee and purchasers from either Landlord’s Mortgagee or Landlord shall be entitled to rely on any estoppel certificate executed by Tenant. Tenant shall, within twenty (20) calendar days after Landlord's request, furnish to Landlord current financial statements for Tenant, prepared in accordance with generally accepted accounting principles consistently applied and certified by Tenant to be true and correct.

Estoppel Certificates; Financial Statements. Tenant shall, from From time to time and within twenty (20) days at the request of written request from either Landlord or Landlord’s Mortgagee, Tenant will within seven (7) calendar days, and without compensation or consideration execute execute, have acknowledged and deliver a certificate substantially in the form of Exhibit H hereto, setting forth the following: (a) a ratification of this Lease; (b) the Commencement Date and Date, expiration date for each Premisesand other Lease information; (c) that this Lease is in full force and effect and has not been assigned, modified, supplemented or amended (except by such writing as shall be stated): ); (d) that this Lease, as modified, supplemented or amended (if such is the case) constitutes the complete agreement between Landlord and Tenant with respect to all Premises and that Tenant does not hold an option to purchase any Premises or any interest therein, (e) 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; (fe) that no defenses or offsets exist against the enforcement of this Lease by Landlord or, in the alternative, those claimed by Tenant to exist; (gf) whether within the knowledge of Tenant there are any existing breaches or defaults by Landlord hereunder and, if so, stating the defaults with reasonable particularity; (hg) the amount of advance Monthly Rent, if any (or none if such is the case), paid by Tenant for any or all of Tenant; (h) the Premisesdate to which Rent has been paid; (i) the date to which Monthly Rent has been paidamount of the Security Deposit; and (j) such other information as Landlord or Landlord’s Mortgagee may reasonably request. Landlord’s Mortgagee and purchasers from either Landlord’s Mortgagee or Landlord shall be entitled to rely on any estoppel certificate executed by Tenant. Tenant shall, within twenty (20) calendar days after Landlord’s request, furnish to Landlord current financial statements for Tenant, prepared in accordance with generally accepted accounting principles consistently applied and certified by Tenant to be true and correct.